The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-03-26

CARGO Of bltamiuous coal in bulk. al the
rate ot 5000 per tom. with the following
provisions as TO lay days for loading and
dlsChar@iu2 and demurrage.
''lr is agreed that tho lax davs for
loading and discharEinE shall he as fol-
lows If not sooner dispa tched). com
FORTS his vessel ready 70 receive or
discharge cargo. Customary despatch
for loading al Norfolk Va. and delivery
AZ touoiulu alongside any craft, hoat-
ing depot or wharf DESIGNATED BY
tHAkGERERS. at the rate OF not less
than one hundred GOW tons per dav
ana every days detention 10y default OF
said party of the second part, or agent.
OF the second part. or agent to said
parties of the first part or agent. The
cargo or Cargoes To be received along
side and delivered within reach OF YES
sells tackles Vessel always to be safely
adoat loading and disCharging.r
In pursuance OF this charter party a
bill OF lading was signed December l9,
1895, by the master OF the ship. for 264I
tons OF coal which ne was 10 deliver at
Honolulu to the United States Consul
General, or his assigns, he or they paying
freight for the same AT the rate Of as
per charter party and all other Condi-f
uons per tom but the master inserted
above his signature the words weight
unknown although both in words and
figures the bill of lading was for 26il tons
in the hold.
In affidavit. sworn TO on November
21. 1896. W. J. Iermond the master sets
out ,ae following facts, which are not
disputed by anything appearing in the
letters of the Consul General or other pa
pers in the case: That the ship Joseph
i. IhomaS. after loading the cargo OF
coal, cleared from Norfolk about the
22d day of December, 1895, and arrived
al the port of Honolulu on the 2lst OF
April 1886; that the master at once pro-
Ceeded to shore and notified the Consul
General of his arrival and requested him
to furnish a place of discharge for the
ship in accordance with the charter
party; that the Consul General was un-
able to do this, AS there was 40 berth
vacant at that time at any OF the docks
where there was sufficient water to place
the ship in Uhe charter party providing
that the vessel should always 'be safely
AFLOAT loading or diScharging'D; that
although the master repeatedly requested
the Consul General to designate some
place at which he might discharge his
cargo ne did not do so until the morn
ing of May l. when the master was di-
Pacific Mail steamship Company At Homo
lulu; that this was done by midday of
discharged until May ., when at p. m.
the haTbOr master OF the port hauled the
Thomas away from this berth and an
Cnofed nef IN the stream, IN order that
the Pacific Mail steamship China" mighx
have the berth which was maintained by
the Pacific Mail Steamship Company FOR
that the China" continued TO occupy
that berth to the exclusion of the
day, when she was again hauled back
and the dischaTging renewed, only TO he
again interrupted on the 18th and again
on the 2jth Of May by the Pacific Mail
steamers under similar circumstances TO
those above described, entailng a loss %
several days in discharginG upon the
Thomas and that finally upon the
18th the discharge of the cargo was COM
plcted.
There is no allegation that less than
100 tons Of coal were discharged on any
of the days in which the ship was at the
dock, except such days as were broken
10y the coming Of the Pacific Mail steam
eTS. and except on the last day when
there were only about 40 tons to be dis
The master states the claim as
follows:
That deponent by the default OF the
said United States Consul General at Ho-
noluIu in not furnishing a wharf or
craft to discharge his cargo Of coal, as
was agreed that he should do by the
terms of said charter, lost eight (S) fun
working days, during which he might
have discharged his cargo but for the said
default of the said United States Con
sui General, and that beside the loss OF
the said eight (sD days, as aforesaid, by
reason of such default deponent also lost
four and one-halt q l-2D days, altogether.
Dy reason of being put many away from
the wharf assigned TO him by the said
J'nited States Consul General. by reason
using the wharf, as hereinbefore stated.
and depOnent, on behalf of the said yes
sci and her owners, claims, under pro-
visions OF said charter, the sum Of fifteen
lundred dollars Gl5000) as demurrage.'
The disallowance of the claim by the
Auditor, because 1t is not shown that
he delay in unloading the vessel was
,aused by the agents Of the United
states, appears to be founded upon Ger
ain statements made by the Consul Cen
raj, first in letter of June 10. 1895. 70
he Chief of the Bureau Of Equipment
# the Navy Department I'M this letter
Ie states:
The Thomas reached this port April
4 and was anchored outside until May
;. at which time she commenced dis
haTgipg. 1t was impossible 10 ind heC
4 berth sooner. Tho harbor masters
looks show that the Thomas was II -
lays dischargiug her coal and wharf dues
we're charged her for that time only.
During part OF that time she was also
aling in sugar. Had tha captain OF the
hip been so disposed, the coal could have
1ecn taken out iu about half the time
,ctuallv occupied. Time did not
commence to ru1 until the ship was
lIougside the wharf. That 7 may say is
ne rule at this port
And again in his letter Of July Il TO