The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-12-21
THE PACIFIC
SATURDAY. DECEMBER q.
Supreme Court Of the Hawaiian Islands
In Admiralty.

Samuel 6. Wilder vs. The Bark =" EskoarE." her
tackle, apparel and cargo, aud proceeds there
of as salved.
DECISION.
By the libel and answer it appears that the bark
Eskbdnlc went ashore on the reef opposite Dia-
mond Head, four miles TO the Eastward Of Homo
lulu HarbOr, on Sunday morning. November Sd ;
that at the request OF Aessrs. G.. w. Macfarlaue &
Co. the Iibellant dispatched two steamers belonging
10 him, the Likeiike. OF the burthen of 600 tons
or theTeabOtts. and the Ao6oEii, OF the burthen
Of 100 tons, to the assistance of the bark. Messrs.
Maciarlane q Co. In their note asking this assist
ance, promise TO pay $3.50 in case nothing should
be saved. but in case the vessel and cargo, or any
portion thereof. should be saved, then the libelIant
should have such salvage as should be allowed by
this Court 1t further appears By the libel and
answer that the libellan. proceeded to the wreck
on the said Sd day of November, Sunday. and
worked upon her with both the steamers. assisted
by the Government %tng-boat, to try to get the bark
on, and hndlng 1t impossible, took off Der crew
and sent them ashore. and continued TO work TO
save whatever could be saved until past midnight,
and resumed work the next morning with the small
steame~. the NOkO!ii, and continued 10 work until
Friday, when the wlnd and sea very much iucreas-
ing. he was unable to lie by the ship. and the bark
broke up entirely the night between Saturday and
Sunday the 10th of November. On Sunday the
10Th, be proceeded with both his steamers to pick
up the cargo which was floating TO seward.
The property thus saved being offered at public
auction, brought Sl6,S2S.34. and on this amount
the libellant claims salvage.
Inc MOhOttG was Ealneu at Slb.UUU. and had q
crew Of 9 men all told the Li6elike is of large
value, and had an insurance on her for SIS, 900,
which the Insurance Agents thought proper to
notify the owner, might be vitiated in case that
accident should occur TO them whilst performing
this salvage duty. Her crew was 45 people all
told. In addition to the crews of these vessels.
the iibellant employed so or 90 men during the
Sunday, Sd of November, and the night succeeding,
and for the rest of the time employed 35 men at
wages Of $500 per day and their food.
1t Is made TO appear that the expenses of the
over and above the ordinary wages of his
crews were 50, 623 rs, which should be repaid to
the libellant. together with a reasonable Temuner-
alton for the use OF his vessels, labor of his crews.
the risk he ran, and his own enterprise in the mat
ter.
except a steam vessel and the expense of running
steam vessels here is much greater than in the
Atlantic on account OF the higher rate of wages,
the expense of repairing machinery and the price
OF fuel.
This is not a case of derelict, in which it is usual.
though by no means inyariable. to decree oue-half
in the way of compensation, nor was it a case of
great peril, either to the wrecked crew or the
wreckers, no human life was saved, nor was human
life put at hazard in the preservation of the prop
arty. nor was the property at the time of the I'M
of the enterprise in an apparently hope
condition.. but for the interposition of the
5alvors on the contrary. the weather was fine, the
wreck was on the leaside of the Islaud, and was
near the port. In fact, there was nothing in
t to make the work extra perilous.
Under all the circumstances of the case, I think
hat a fair and proper remuneration would be
'ne-third of the amount saved, and do so decree.
Let judgement therefore be entered for the libel
ant in the sum of S., 609.44 Costs to be propor-
ionally divided between both parties.
CHAs. c. HARRIS, Gu.
E, Preston, for LibCllant. J. NJ. Davidson, for
Honolulu, 18th December. A. D. 1873.