The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-11-16
ADuLA AGAIN IN TROUBLE.
A Towing Company Wants Salvage
for Rcscning Her.

Tor HcScutnG htf.
The troubles of che prize British steam
ship Adula seem to multiply without num-
Der, but 1t appears from an opinion rem
dered by Judge Speer and filed in the
United States Court yesterday that she
is well within the jurisdiction and under
the protecting wing of the court for the
Southern district of Georgia.
On Oct. "A there was a fire at Thomp-
kinsvine, N. Y. at a wharf about 100 yards
from where the Adula was lying.A steamer
or tug belonging to the White Star Tow
ing Company took the Adula away from
her wharf to a place of safety. This
company sets up a claim for salvage on
the ground that the Adula was rescued
from imminent peril. Application was
made by the company 90 Judge Emory
Speer for permission to file a libel for sal
wage against the Adula in the United
States Court in New York.
Judge Speer, in his opinion, refuses this
application on the ground that the Adula
is wholly and actually in the jurisdiction
and possession of the United States Court
der the Revised Statutes, after the SAFE
of the vessel, this same court has ex-
elusive jurisdiction over the proceeds from
the sale, wherever the property may De
sold, though the marshal is instructed TO
deposit the proceeds of the sale with the
nearest assistant United States treasurer,
to be there subject to the order of the
court of condemnation.
If a libel were filed in the United States
Court in New York. Judge Speer holds
that such proceeding would take jurisdic-
ton over the property away from the
court of condemnation, which would be
contrary to the provisions of the Revised
Statutes in such cases. For in
stance, if she should be sold. I'M
der decree for salvage from New York
court, that court would hold and admin
lister upon the balance of the proceeds
above the amount of the salvage and the
court of condemnation would have nothing
to administer upon, which would be N
distinct vocation of the provisions of law
In such cases.
In his opinion the White star Towing
Company's remedy is either by interview
tion In the proceedings in the Southern
district OF Georgia or by application direct
to the government at Washington for rea-
sonable compensation for such services as
may have been voluntarily rendered the
Adula under che circumstances.
In this connection there is an interesting
circumstance, and one through which
some trouble may be caused in case sal
wage should eventually be awarded against
the Adula in favor Of the plaintiff in this
case. When the Adula was first brought
10 Savannah under direction of the court
port insurance for two months, and, sub
sequently, marine insurance on the trip to
New York was secured for the Adula by
Assistant District Attorney w r. I4eaken
and Deputy Marshal Charles ]. White.
Marshal John NJ Barnes took the Adula
to New York himself so far as is known.
there was no insurance upon the vessel
from Sept. Is. the day after her arrival in
New York, and oct. q, the day upon which
Deputy Marshal White received instruc-
tons from Macon to secure $4,000 port in
surauce on the vessel.
Mr. Everett p. Wheeler of New York.
attorney for the owners of the Adula.
wired to the deputy marshal here inquir-
ing where the insurance on the Adula was
located on Oct. "a, al the time Of the fire.
which resulted in the claim for salvage.
took place. Capt White knows nothing
about the insurance at that time, as fhe
matter had been removed from his hands.
and If there was any insurance during that
period he knows nothing about il.
II a claim for salvage should eventually
be allowed to the White Star Towing Com
pany, and it developed that the vessel had
not been insured during the period i'm
which the fire occurred. the responsibility
might be placed upon the marshal. Since
he is required under the Revised Statutes
10 look out for this as well as other fea-
lures in connection with prizes of war.