The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-10-31

Only SuIuCleut btIdln Doluk kopt VI
the hswser to keep her from going
further on the reef. The Liholiho
was lying stern to the sea, and every
wave as it came towards the shore
caused her to lift and then drop
again when the wave had passed.
She was pounding so hard that the
shoe or false keel had broken off
early in the morning OF the 10th, and
from all appearances she would have
knocked hole in her bottom before
noon of that day. The Liholiho's
boat was broken at the first attempt
to remove the sugar, which rendered
it impossible for the crew to do any
thing without assistance towards
saving the cargo, and is strong argu-
ment against the position taken by
the intervenors. The cargo was
perishable one, and l feel convinced
that had it not been for the timely
service rendered by the IwalRni, it
would have proved total loss. There
is but little aid to be derived from
decided cases as to the amount to be
awarded. each case depending upon
its peculiar circumstances. Taking
all things into consideration I feel
warranted in this case in awarding
fifty per cent. of the net proceeds of
the GALE as evidenced by the Mar
shal's return.
The libel is drawn against 1905
bags of sugar, but upon footing up
the number of bags as set forth in
the body of the libel there is found
to be 1915 bags, which is the number
sold, and the calculation is based
upon the later amount"
By tie Court;
As regards the amount of salvage
decreed we are of the opinion that it
is excessive. We do not question
the principle laid down by Chief
Justice Marshall in 'The SibyP a
Wheaton, 9S), that Gin case of civil
salvage where the amount of salvage
is discretionary, appeals should not
be encouraged upon the ground OF
minute distinctions of merit; nor will
the Court reverse the decision of an
inferior Court, unless it manifestly
appears that some important error
had been committed" In 1866 in
structions were given by the British
/ Board OF Trade to the receivers of
wrecks of Great Britain, which en-
bodied the results of the decisions of
English and American Courts of
Admiralty = There must be con-
sidered in a claim for salvage:
~ The degree of danger from
which the lives or property are res
cued.
~ The value of the property
saved.
(3) The risk incurred by the sal
vors.
(4) The value of the property en-
ployed by the sslvors in the wrecking
enterprise, and the danger to which
it was exposed.
20 The skill shown in rendering
the service.
(6) The time and labor occupied,
The Sandringham, 10 Fed. r. 573.
We adopt these principles as sp-
plicable to cases of salvage.
Salvage is a reward or bounty,
exceeding the actual value of their
services, given to those by means OF
whose labor, intrepidity and per
severance a ship or her goods have
been saved from shipwreck or other
dangers of the seas" 1 Bell. Com
592.
Judge Story in the Henry EubaHI
Sum. 400 said, The law does moi
stop with a mere allowance to the
owner (of the saving vesseD of ar
adequate indemnity for the risk Sc
taken. 1t has a more enlarged
policy and higher aim. 1t looks tt
the common safety and interest o.
the whole commercial world in cases
of this nature; and it bestows upor
the owner liberal bounty to stImu
late him to just zeal in the common
cause, and not to clog his voyages
, with narrow instructions which
should interdict his master from sal
: wage service. The Law
offers not a premium of indemnity
: only but an ample reward, measured
by an enlightened liberality ant
, forecast"
The following are cases bearing
upon this matter:
J The Cdmdnche, Wall, 44S. Here
, the Supreme Court of the United
States refused to reverse the salvage
award by the Court below. A wreck
, ing company agreed for $4,000 t.
} save the cargo of the ship Aquill'
: which had sunk in San francisco
, harbor. The cargo consisted of thu
ironwork and materials for the con
, struction of the monitor "Camanche,
also her guns, shot, shell and stores
} etc. all of which were valued a
100000. The salvage service LASTED
about three months and $4,000 wa
r spent by the libellants.
} The Sandringham, 10 Fed. R., 57S
, In this case steamer, worth, witt
, her cargo and freight, valued a
100000, was stranded on Cap
! Henry, within 100 yards of tn
shore, where the currents of tn