The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-10-27
THE Law FOR SHIPS.
An Important Admiralty De
cision Rendered.
OPINION ~ JUDGE 4ANFoRD


An interesting admiralty case was dis
posed Of By Judge Hanford in the United
States court Thursday and the libel and
cross libel in the case Of the Portland Ship
ping Company against the ship Alex Glib
son were dismissed. The cause Of action
dates back over two years, and the matter
mas been pending in the court for some
ume. # was rather . complicated case
owing g the several conflicting interests
involved. The opinion and findings Of the
court are q follows:
United States District Court. District Of WesA.
inGton, n p. In Admiralty.
me Portland Shipping Company, libellant, W.
claimant and Kdwsrd o. Brien, cross iibeilsnt.
". the Portland shipping Company. Opinion
MED October, 1880
SYLLABUS BIT THE COURT.
-. Charter Purity Interpretation Of Contract
Ncped0fe-A charter parry, containing clause
TEA lug: The vessel 10 EN- pi0y etevedore satie-
isctory 70 charterers. but III appointed by them)
time. and TO be slowed under the captains SUI
Derivation aud direction" does not give the
cnasteFer an absolute right to select the steve-
an agreement, that the stevedors must be salts
Iectory 20 both parties: and In such . case the
chsrterer Il no entitled TO damages because Of
>~>AAsA<AVAAStAk
oisagreement between him and the master in
regard to the selection Of . stevedore
- Ddmdges-Damages cannot be recovered BY
sne cnafterer BY reason of the vessel having
been removed from the loading port previous
TO the signing of the bills Of ladiug and with
ont ssliins orders from him, where the maste-
acted prudently ana for the interest Of all con-
cerned and the charterer suffered NO loss or In
cEos. Li0si- Dsmarra0e -Delsy in loading.
resulting from the TAI are Of the charterer and
mast OF the vessel TO agree in selec Ing steve
dore where the contract requires the employ
ment OF astevedore satisfactory TO both, does
not give the vessel right tn d-murrage.
4 Process-D Detention Damaces-The arrest
end detention OF a vessel by legal process in
SUI IN rem, which, although unfounded. is not
ages. HANFoRp. T.
The ship Alexanner Gibson was chartered By
the iibeilant 10 carry cargo OF wheat from Ia
coma to port in Europe. 70 be designated by
the cnarterer. charter party was signed in
Portland in the state of Oregon. containing,
among otaers. the following provisions:
The vessel to employ stevedore satisfactory
TO charterers. but 1T appointed by them) the
charge not TO exceed that current 1t the time,
and ~ be- allowed under the captains "a pervi-
sion and direction"
cient cargo for stifening IS customary; the cap
tain gives them usual forty eight hours written
notice OF when the vessel viii be ready to take
In same. aud Of the quantity required" =
Bills Of lading to be duly and promptly
signed when required by chartererss
Thirty working lay days (rainy days not to
49, - r....ss. - ~ u.y1 - colnmence swensy-
, ,out nouns aiser tne inward cargo or landl bal
last shall have been finally discharped, and the
captain has given charterers written notice that
his vessel u ready to receive cargo are to be al
lowed charterers for loading and waiting orders
at Tacoma, - horeinbefore provided. -
oaoink usys NOT 70 commence before De.
csmoet lo' 1884, except ~ cnartererg option "
~ asreeo tnes ior each and every days
oosenuOn " ueisuis Of saao parties OF the sc
ono part OF Their seents pence sterling or
equivsiehb per register ton per cay shall be
paul. Jay ~ osy, py ealu parties OF the second
part OF tneir agent, % SAID party OF the fnt
psMrts' q nis aeenL ,..,
me Up w. - nef i0.oine perrin ana ready
.. = tscslvs s'lnenang on december =. 1881. but
~ . 80. sele5 ess.O.sn .nou Iesuy Wild SUM
caons Wnes. On nsnos refused 70 ioao ner be-
49, :. 49,, seMsns .i'a ens masser OF the
49, - e =. ssescuoc Anu III
s:ss~A,s :. 80 80, t"nO were ooJec.
s.onsDl. ~ w MAss7I, snu none osnef' snouio
sre.s.p - .ss. S;...s.p. su1 :. conse-
~. .s.ss.s..s ,..s.si Tss..s -" .os w.
IN sc.~ ..-.-s'. s-1ualy = 100
- ~. 49, 49, uos py guy cypress pro-
-, -, -. 80, .s;e.,. ~. s'. 2.
49,. - -. 80 - 49, 1.ss, ous e.o nDe,isu.
.-,.,....- - ~ - S =. - " .oao
s,:x AS... ~ -. psls ~ sns vesse 81 the
1919 LII -.. :. ~ sus ply mat me
...ss ..s.,.. 49, s.... p."p sucss anu US
49,. S~'eo 1 pAsSou uPo" 'ne
A. Soon m shs wa. loaded tho v..se, oc,.~...
n oyder. finn, rho ~ arta,er - .vn;a s.-.s.-.s
-nich ,rorld rssnlt frc,,, d.,.,t g.. 80 : - -
Tecoms, and vss towsa ~ po,t To-nssaS ~. 49,
nlace to winch she n a r., 90 r. .hsr 30 n- -.
for the vovsge rms of lad;rs vs,a re, s,.rsS
nor nreaenfed m the msatar for his si.n r., -
before the ship left T.coms. hnt the :. n,.,,. 80
turned and signed than a. that nlace rniIa ,hs
an n WAS at Port Townsend in fnIfIlma,,t -
nromise made bv him 70 the cbar,aro-,s .,,a,,,
before leaving there. The lihell.nt c,.;ns sh.t
hy 40 leaving the loading mort vithnnt ordar.
and nrevfous In the sipnfnc ~ the hill. - la
INC the charter nsrty was slso vio,s,a6 ~, ~.
mart NJ thu shin 49,
For the.a All 1ad hreeches ~ cor,,.,t 81. !,
Reliant broushf this s,;t ~ racover :. a.,,s1.a.
IN .wopnt .ueiciant ~ ooxa. . H.. -.,,c.se =
have ha.n susfsin.d Nv r.s.or 80 ~. daa1ss,s -
pr,ce Of wheat in ENGLAND hetwear ~. ,tr,a.
when tina Aler G,hson sho,,,.. bsve no., $500
II the char,erer's stevedore had heen emnlovad
nj ,rss and the time when she was actnsllv
loaded: and also certsin alleged d,sbursemenfs
and exneuses including counsei fees
hold thar the cherter marry cannot be fs;r,v
unders,ooi or Construed AZ as IN snnnort tbs II.
bellant in Its contention for the .bsnIufa r;ght :,
selpct steveaora ard IN in.i.t on ,hs, 49,
dore and none other being emnlovaa nv ,ha
master repardle, a of his will To ennlov /. ner.
son ia To contract with him. an as IN hacama
nsh,e tn him for com renss;on .na - sssu,ns