The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-11-03

answer. Although she did not complete
her enterprise OF saving the Strathnevis.
her efforts were successful TO the extent
of bringing the Strathnevis TO the place
where she was able TO secure other help
more speedily than she could oiherwise,
and in doing so, expenses were incufrso,
and damages sustained. the master of tho
Miowera and her officers and crew en-
dured hardships and braved extraordinary
perils and exposed their veSsel TO extraoI-
binary hazard. Therefore, say that they
were contributors to the ultimate saliva
ton of the Strathnevis.
1.-The Miowera's claim for salvage Is re-
sisted on the ground that what she did
was only an attempt TO save and she
did not succeed in bringing the Strain.
nevis to a place of safety and the attempt
was abandoned while the Strathnevis was
still In a rerilous situation. Ii Is GER
tainly true that success is essential TO
legal demand for salvage. But That IS
true only in this sense, that properly
must have been actually rescued from
danger; but there is no infiexible RUE
which bars from participat ton in the dis
tribution Of an award, those VINO haVe
toiied, incurred expense. suffered losses
and run risks and thereby contributed to-
wards the success or savage service
finally completed by others. The cases are
numerous In which admiralty courts III
this country and in England have appor-
toned salvage among different sets OF sal,
vors, proceeding upon the theory that All
who have contributed towards the salving
of property are entitled to share IN the
reward Qfere the court cites the case OF
:.
in support of his theory. bringing out
clearly the decisions touching on them)
.I think the above cases show how the
American courts regard cases OF TINS
character, where vessel has been found
at sea In a situation OF peril. ana mas
been aided by one vessel. and her rescue
has been completed by her own Efforts
or by the aid OF another. ana the claim
for salvage has been preferred by the one
frst 10 render assistance. The English
courts seem 10 look with equal or greater
favor upon claims of this character. eIhe
court then cites the famous CameiEsa
From all the authorities cited upon the
argumant ~ deaaSe inese ce prshei Ionst
crown the efforts OF the saivors But
when vessel has been actually rescued
from situation o. peril. all who have
service. are entitled 10 a share Of the re-
ward.
attemnt 10 rescue vessel in peril work
q forfeiture or the right TO salvage. But
when saiyors are prevented by stress OF
weather. fog or darkness. or other cir
cumstances beyond their control. from
has been no wisaful disregard OF duty on
their part towards the imperiiled ship.
there should be no forfeiture.
"Taird-The amount OF salvage TO be
awarded should be commensurate with
the merit OF the salyors conduct. and
when saivage has beer earned. and there
iect mere failure on the part OF salvors
10 do all that might be done under the
circumstances. affords good ground for
reducing the amount to be awarded. but
there Is no inaexsbla rule making y total
forfeiture the penalty
"AnpIica ton of these principles 10 the
case in hand, leads me to the conclusion
that tire Mowers. her master. officers
and crew. by aiding the StrathnevIs in
answer 10 her signals OF distress. per-
formed a salvage service emitting them
10 ssornpensafaon. That they ala not vol
unfairly abandon ths Straihnevis. bat by
going or their course 70 Honolulu On De-
cenbsr q. without nrst going 70 the tsle-
graph station al Tatoosh. aad reporting
vera failed 10 perform an important duty
ard that failure gives rise 20 the serious
question in this case. whether or not there
has no, been total forfeiture Of the
right 10 salvage. do not accept
the excuse gwen by Capt. 9totf
which is that The machinery OK the Mo-
vera Was in such a condition thaf 81
the ran TO the telegraph station. / think
that idea Is an aftsrthouEht for no such
reason In noted Ia the ships log. nor IS Il
mentioned IN Capt. Stott's letter gsyIE z
an account Of hss experiences vita the
StratAaevls. written before arrival at Ho-
nosuu- / have concluded. however. ont
OF regard for the rary hours OF brave and
laborso1s efforts 20 save the S.rafhReyis
aud heavy expenses and damages INCUR
red and suffered By tbs Msowesa, fnat to-
tai forfeiture IL q penalty heavier than the
offsrse deserves. 1 VIE therefore award
as salvage about one-a4i9 the amount
xasrn III my Judgment would olhsr. wise
BE- reasonable
sTas aisowsra and her CARO- xszA -