The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1886-09-17
Chr dlailg g 'llstin.
FRIDAY, SEPT. II. 1886.
PROPERTY LOST AT SEA.
THE ENGLISH RULE ABOUT PAYING /

THE ENGLISH RULE ABOUT PAYING IT.
Happily all the passengers and
crew, numbering some eight hundred
people, were taken off the Inflated
Oregon before she went down off
Long Island the other day. Of the
cargo the only thing of an value
yet saved, beyond a few mail bags,
is the diamonds which she had
on board. These are of great value,
being said to be worth Sl,OOO,OOo.
We think we may take it for granted
that claims for salvage services will
be made. 1t is true the North
German Lloyds, to whom the rescu-
ing steamer, the Fulda, belongs, are
reported to have said, very gener-
ously, that they were only too happy
to have been instrumental in saving
so many lives, and that they waived
all claim for salvage. But even if
this statement he literally correct,
two other vessels, pilot boat and
schooner, played an important part
in the saving of the passengers, and
claims for salvage services are,
therefore, highly probable. In these
circumstances it may be of interest
to consider how the various interests
would be affected by such claim.
In the first place, tie award of
the courts would doubtless be a
liberal one: for though some of the
ngredients-such rs the risk in
Cured by the salvors, the skill
shown in rendering the services and
the time and labor occupied-of
salvage services were present in but
small quantities, others, viz: the
degree of danger from which the
lives or property are rescued and
the value of the property saved,
were considerable. The saving OF
human life counts for much in the
assessing of salvage services. But,
in the second place, who is to pay
the sum awarded? The ship, or the
cargo, or both? Not the ship, for
she is at the bottom of the sea, q
total loss. Not the ship-owner, for
the liability to pay for salvage
services is not a general, personal
liability, but is limited to the value
of the property saved, and the ship
owners property, in this case, is
lost. The salvage award in respect OF
both the property and the lives saveo
can only be had out of the value OF
I the goods saved-that is the dia
monds.
At the first blush this doctrine
that the owners of the diamonds
and they alone, should be the people
to remunerate the salvors for theil
services, not only in respect of thu
diamonds, but also in respect of thu
lives, may appear strange, and per
haps inequitable. Such, however
is the law. When lives and carg'
are salved from ship, but the shil
is totally lost, the owners of TIL
cargo are liable to pay salvage il
respect of the lives, and the owner
of the lost ship are not liable to con
tribute to the payment. The theor
is that in case of life salvage tn
payment is made, not because c
any benefit conferred upou him VIII
pays, but rather because of the il
terest the community has in Ell
couraging the saving of life. 1t ma
be that the diamonds will not have
bear the whole burden of the salvag'
Further attempts are to be made
salve cargo now in the hold of I'll
Oregon, and, should they he Sill
cessful, the cargo brought up wi
also have to contribute TO the lii
salvage. A similar case occurre
off our coast some years ago. Tll
German steamer Schiller was los
Some boats saved the lives of som
of the passengers and crew. TT
Schiller had large amount of spec
on board, and this was afterwar
recovered, but not by the Peep
who saved the lives. The owners
master and crew of the boats WEI
held to be entitled to salvage out I
the proceeds of the specie.
We have spoken of the owners
the diamonds as the persons wi
pay for the life salvage. 1t do
. not, however, ultimately come o
of their pockets, but out of tho
underwater salvage being 10
J recoverable under a marine polio