The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-06-26


The proeto for bellan support of their claim that
$4,000 would be fair and reasonable compensation place
great reliance upon the fact that the undertaking
the salvage whether vessel could
be successfully lowed into deep contend that In
this the bar differs from all reported cases.
ana that therefore but little aid to be derived from study
OF said The element referred have found
IN this and will be given due weight in making the
award but the aducated eases shows that
the proctors is incorrect and as matter of
tact IN of them the element did exist and
by the court The following bear this point:
In re 4Hdcdpas Ware IS, 60 court said: "That the
attempt the vessel appeared an enter
prise OF very considerable danger and hardship think
safely inferred from this that twenty persons
present. all accustomed four could be induced
by the prospect of salvage reward the under
taking The Attacapa with her freight was worth So 500
$1,000 salvage allowed
In re The Brig John G1pu s. in which finding of
fact made that 1T then midwner height of
northeast and snow in the night time the brig
lay point exposed danger the winds and waves
coming upon her from that directions there probable
iy she be Immediately broken up causing the loss of
everything board it held that not only actual toll
and expenses to be considered in of salvage but also
the imminent contingency that the services might prove
awaiting by the breaking of the vessel before any
OF property could be saved The produced S11
29407. One-ffh allowed as salvage.
In re The C0manche, Wall 44S-4sO the ship cargo
consisting of the armament for the monitor Goa
manche and valued 100000 sunk at her moorng in San
Francisco harbor resting the arboard
of 45o her being fortvgh to fifty feet of water and
her stern about nineteen feet The salvage lasted
little less than three months and the salvors nearly $780,
600 The insured for $34OOOO completion of
saton all the insurance companies Except which had
for s15 600 and had faled paid per agreement
then filed for salvage the 100000 uninsured
insured The risk of life and limb during this part
testified to be great and There was
uncertainty of ultimate The whole prop
ery board when the of the bents took of
the wreck rescued from imminent peril. x Diff
cutes almost mexamped attended the undertaking." OF the
$4,000 $24O62 and interest from the beginning of the
awarded
See also, the Emuous, SUNNI 2o7 where an allowance of
onefth appeal reduced oneseventh and the E. Ne
Num- 81 Fed 695.
The proctor for the respondent the salvage
vice in the bar ended when the Lne reached deep
Kahun harbor the theory have been
able aded to reach Honoulu and that assistance rendered
from that time until Honolulu reached constituted merely
towage service Granting, but deciding that this
necessity for thus separating the The
salvage service whether ended Honolulu Kaulu har
and the result
case be the
The award made in view of the
by the kelike and by her officers and and intended
the owners and said officers and crew.
The pleadngs opinion sufficient authorize and
quire such award No apporonment made because
asked the parties apparently seeing fit leave
amcable adjustment without the aid of the court.
The for S. is think nequitae oppressive
the of the ship In of all the facts and
stances OF the present cas and bearing in mind the rules and
principles that should govern in of this nature award
the beants salvage the of So $50 being oneouth
of $4,000, the value of the property saved.
Robert English pilot aforesaid in behalf of himself and
of his fled during the progress of the trial. claim in the
of $3.50 compensation for the assistance given the ship
distress services grade
salvage services award the of $165 being $75 for
Robert English and 800 for the six equal shares
All costs of these proceedings to be borne by the Lurne
By Court Justice Whitney
We of opinion that the decision appealed from should be
sustained Substantial Justice has been done and the award
appears have been arrived after full and careful consider
alton of the evidence and of the law relating salvage No
fixed rule be laid down what of value shall
be awarded in such but in each the of salvage
be awarded accordance with the of the
The appellant seeks have the salvage awarded
increased by this but such awards always greatly
within the discretion of the admiralty judge in the first instance
the appellate court must be satisfied that there manifest and
before will
aside such judgment especially in salvage where much
be left the sound discretion of the trial Judge
In the InerIsland S. n. Co. 4. 1906 Bags Of Sugar.
Haw 329 the say owe do question the principle laid
down Chief Justice Marshall in The SbyP a Wharton 98)
that in of civil salvage where the of salvage