Springfield globe-republic. (Springfield, Ohio) 1884-1887, 1886-04-05
THE oREcoN's LOST PROPERTY.
The English Rule About Paying Damage.
For IL,


The London Economist. in a recent is
sue, says: Happily all the crew, numbering
some 500 people, were taken of the ill
fated Oregon before she went down of
/ Long Island the other day. of the cargo
/ the only thing of any value as yet saved.
beyond few mail bags, is the diamonds
which she had on board. These are of
great value, being said to be worth mill
/ ion dollars. We think We may take il for
! granted that claims for salvage services will
/ be made. 1t is true the North Ger
man LlOyd's, 10 whom the reScuing steamer.
/ the Fulda; belongs. are reported to have
said. very generously. that they were Dnly
too happy 10 have been Instrumental in sav-
/ ing 80 many lives, and that they waived all
claim for salvage. But even if this state
ment be literally correct. two other vessels.
a pilot boat and a schooner. played an i'm
portant part in the saving of the paSSen-
gers. and claims for salvage services are
therefore highly probable. In these cir
cumStanceS il may bt of interest 10 cUnSd-
er how the various interests would be af-
fected by such a claim.
! In the first place. the award of the courts
would doubtless be liberal one: gOr though
same of the ingTedientS-SuCh as the risk
incurred by the SalyOrs, the skill shown in
rendering the services. and the time and
labor Occupied-Of salvage services We're
present in but small quantities. Others, viz.
the degree of danger from which the lives
of property are rescued and the value of
the property are saved, were considerable.
| The saving of human life counts fOr
much III the assessing of salvage services
But, in the second place, who is to pay
the sum awarded? The ship, or the cargo.
or both q? Not the ship, for she is at the
bottom of the sea total loss. Not the
shipOwner, for the liability To pay for sal
wage services is not general personal liza
bility, but is limited to the value of the
property saved, and the >hipOwnerS prop
erty in this case is lost. The salvage award
in respect of both the property and the
lives saved cap only be- had out Of the value
of the goods SaVed-that is. the diamonds.
At first blush this doctrine that the own
ers of the diamonds, and they alone, should
be the people TO remunerate the salvOrS for
their services. not only in respect of the
dlamOnS, but also in respect of the lives.
may appear strange, and perhaps inequita-
bic. Such, however. is tie law. WI en-
lives and cargo are Salved from the ship.
but the ship is totally lost, the owners of
the cargo are liable Ia pay salvage in re-
NltNN VI INT llNtN anu Illt bNiltTS
of the lost ship are not liable To con-
tribute to the payment The theory is,
that in case of the salvage the pay
ment is made, not because of any benefit
conferred upon him who pays, but rather
because of the interest the community has
in encouraging the saving of life. 1t may
be that the diamonds will not have to bear
whole burden of the salvage. Further at
tempts ate to he made 10 save carge now in
the hold of the Oregon, and should they be
successful, the cargo brought will also have
to contribute to the life salvage. A fimiar
case occurred off our coast some years
ago. The German steamer Schiller was
lost. Some boats saved the lives of some
of the passengers and crew. The Schiller
had large amount of specie on board. and
this was atterward recovered. but not BY
the people who saved the lives. The own
erS, masters and crews OF the boats were
held 10 be entitled to salvage out of the pro-
ceeds of the specie. We have spoken of
the owners of the diamonds as the persons
who pay for the life salvage. 1t does not,
however, ultimately come out of their
yOckets. but Of their underwriters, salvage
being loss recoverable under a marine
policy.