The Hawaiian gazette., 1875-11-10
Supreme Court of the Hawaiian Islands.
OCTOBER TERM, 1875.
AVERY EFT Al. as. STEAMSHIP " CY-

PHRENES."
By THE Full CCURT.
Having decided that the steamship Oyphrenes
! is liable for the damage which she caused the
Ravenstondale by collision remains to ascertain
what amount should be paid for such damage.
The first claim which we will consider is that
| for Counsel fees There are instances ia which
! Counsel's fees should be allowed but it has not
been the practice Of this Court hitherto. and we
see nothing in this case which should induce us
to vary from the previous usage of the Court,
and therefore decline to allow them.
The Iron Works Gill is for S275757 1t was
the duty of the Master of the Ravenstondale or
any one who acted for him to procure this work
done at as low rate as possible. taking into
consideration however, the quickness of time.
With this view it would have been well to
have invited competition. There are obvious
reasons why the establishment at which the work
was done, should be preferred, for certainly they
are the best equipped for the accomplishment of
any such work.
Tie manager of the establishment testiies to
the effect that the bill is lair one for this port,
but would not be so in any other port that he
knows of and gives as a reason. that they have
expensive machinery and expensive laborers, for
which there is not full amount of work and
therefore they are obliged to make their charges
on such jobs as they may have, higher than they
otherwise would make them. This is undOubted-
ly true, and the fact should have been well
known to the agent of the ship, before he nnder-
took to engage the work at the Iron Works
On aualyzing their bill by the testimony, many
of the charges must appear to any one exec ed
ingly high. Mr. Young, the Manager of the works
in his testimony says, that he suggested to the
Captain Of the vessel to put out some of the
hnt that ha Clnntoin said ha ypontad IL all
done at the Works under Mr.. YOung's eye. MIR.
Young further testiies that it was not possible
to do all the work in the day time lat his es-
tablishnent), aud. that there is not enough men
in Honolulu to dot in time; and that men cannot
work AS well in the night as in the day and that
they charge twice much to work in the night
time as 10 the day time, for both machines and
men and that both jobs, meaning thereby, the
damage done to the same ship at sea and by the
collision were going on at once All this, clearly
shows, that it would have been prudent to have
divided the work with other shops. And Mr..
Daniel Foster, who has great experience in such
matters, testifes that this would have been his
course.
Mr.. Chayter testifes to the effect, that be was
able to do the workt aud had conversation with
the Captain about it, who told him that it must
go to the Iron Works, and Chayter further says
that he could have done the work for something
less than $4,000.
Mr.. Weight says that he told the Captain that
he would like to do The job and the charge now
made Ivy the Iron Works is higher than be the
witness told the Captain The Captain told him
he could not get the work and he further testI.
ies that if be had rendered for it he should have
done 1t for $500.
Mr.. Chayter says that if he had sent in an esti-
mate he should have rendered for $780,
On a review of the account with the Iron
Works, and in view OF this testimony, we of
opinion that the Cyphrenes should pay $4,000 of
the Iron Works account.
With regard to demurrage, if the services Of
other mechanics had been employed, the weight
Of testimony is, that the repairs could have been
effected in less time.
Mr.. Chayter says it could have been done
within month, and the Iron Works could have
done it in three or four weeks without working
over time.
We are fully aware that rivals in business are
apt to take favorable view OF what they them
selves could have done and an unfavorable view
OF what others have done, but Mr.. Foster. who is
entirely disinLerested says III the ship had been
mine l should have got her away think in rs
or 30 days"
Capt Jacob Brown likewise disinterested says,
Z" think they (the repairs) could have been
completed within 30 days"
Notice was given that demurrage would be at
the expense Of the Cyphrenes after the 18th
September. Making due allowance for the time
necessary to procure labor and make bargains in
view Of the testimony we adjudge, that the Cy-
phrenes should pay for demurrage Of the Ravens
tondale at the rate agreed by Council Sll9.T5K
per day for l6 days. .................Sl 9I5 "a
The Surveyors bill we regard as neces-
saTy ........-........-.-. " w
Fore topmast stay as agreed by CONSUL. l25 90
New figure head 300 90
Mr.. Emme's bill undsputed ....... 235 AZ
Mr. Boes' bill do III 60
Bill at the Consulate We regard as a rea-
sonabe charge against the Cyphrenes l9 10
Same OF Loyd's Agents BILL .....,.. 60 90
Wharfage is controlled by the same
reasoning which we have applied to
the demunage, and therefore we adj
judge 16 days for wharfage, at 1880 per
day, Harbor Master fee at 49,. 3e5 90
The crew, SO far as they we're employed before
the time when demunags begins to run should
be paid by the CyphreDes. but after the demurr-
age begins to run their wages are included in the
demurrage, for which allowance has been made.
There Is nothing in the work done by the crew
that entities them to extra wages nothing 10 fact
was done by them that it is not the ordinary and