The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-02-17

gate the ship over and through his pilot
age limits, or as IT is commonly called, his
pilotage ground. The case, therefore, ne
cessariy presupposes that the ship is in
a condition capable of being navigated,
distressed. if you please, and laboring I'M
der difficulties, but still capable in point
of crew, equipments, and situation, of
being naviga led"
The case of Flanders v. Trip. low 10
fed. cas-. No. 4,S54, decided by Judge Low
ell is in point. The ship in that case was
not fit to be navigated, and the master
was on shore seeking a tug boat The
libelant was the first pilot to offer his
services, which were declined. The Mas
sachusetts statute (St 1862 C. 176, Seized.
3D. like the Georgia statute. gave fee
to the first pilot Offering his services. The
Court decided against the libellant, hold
ing in effect that there is in the statute
an implied exception in the case of yes
sells which cannot be navigated by the
pilot without further assistance in the
nature of salvage, or quasi-salvage SER
vice. The point of the decision is that
vessel which stands in need of salvage
service is not required by the statute to
accept the offer of pilotage 1t is true
as pointed out by the learned proctors
for the libellant in the present case, that
Judge Lowell observed that he found
nothing in the statute law Of Massachu
setts that required pilots to assist vessels
in distress. He said, therefore, that the
general rule holds good that they are not
required to be salvors, without salvage
compensation. There is nothing in the
Georgia statutes which makes this case
inapplicable. Section 1864 requires the
pilot to offer his services to vessel in
DISTRESS" but constituting that section IN
connection with the other section cited,
we do not think it includes an unnaviga-
BILE vessel, The language is used by the
Legislature. in it's ordinary meaning. A
vessel Is in distress when in a state of
danger or necessity, "as from want of
provisions or water, etc."-Webster' $
Dictionary; or Sin a situation of misfor-
tune or calamity, as a steamer in dis
tress"-Standard Dictionary. A vessel, of
course, is also in distress when wrecked
and needing salvage service, but this sec
ton must be construed in connection with
the others on the same subject. The Leg
islature, looking at all these statutes, did
not mean to force pilotage on a vessel
needing only salvage. To come within the
meaning of the statutes, the vessel must
be navigable and then If in distress, the
pilot is required to first offer his services
to the vessel so in distress. An unnaviga-
BILE derelict, for illustration, in charge of
salvors cannot be within the meaning of
these statutes. If the vessel is so dam
aged or so situated as to need salvage SER
vices, and not pilotage, the statute does
not prevent the pilot, whose services are
not accepted or rendered as such, from
becoming a salvor and receiving salvage
CONDENSATION 1t should not be presumed
from the language of the statute that the
Legislature intended tic impose on pilots
the often more onerous, and dangerous
duties of salvors and allow them only
the less remunerative compensation of
pilots The conclusion therefore of Judge
Lowell becomes pertinent to this case: II
% .snFA hot hn rfI1 lie al
and that as pilot is not bound to take
upon himself the duty of salvor of
disabled vessel. without the advantages
of that position, SO ship which stands
in need of a salvage service is not bound
to accept the offer of pilotage If her need
is for something more, which the pilot
cannot supply"
The Saehelm was in tow, receiving SER
vice In the nature of salvage when hailed |
by the libellant. She was not propelled
by her own power. Alone, she was helnless
and unnavigable. These acts Of pilot
age" as was remarked by Blandfor1, j.. |
in Wright V. Lake, 10 Georgia, 220, ARE
founded on public. necessity for the se-
curlty of commerce and the protection of |
life" The policy and purpose of the |
statutes would not be promoted 10y fore !
ing vessels in charge Of salvors to acc ept /
unnecessary pilots. and by refusing sal
wage compensation to pilots for salvage !
services.
We hold that a vessel. without master
or crew and without the power to havi- !
gate on account of damage sustained, ana
in tow of a steam tug into port, is not ,
required by the statutes of Georgia to ac-
cept the services of pilot, and is not |
made subject of his fees on refusal to |
accept his services.
The decree of the District Court is re- |
versed, and the cause remanded, with in |
structions to dismiss the libel
MARGINAL NOTE.
Code of Georgia 1885,
Section 1856. ANY person. master or |
commander of ship or vessel, except |
vessels exempt by United States laws and |
vessels while licensed under the provis- |
ion Of this article and vessels of less than |
one hundred tons burden, bearing to- |
wards any of the ports, rivers or harbors |
of this state, and who refuse to receive |
a pilot on board, shall be liable on his |
arrival in such port, river, or harbor, In |
this state, to pay the first pilot who may |
have offered his services outside the bar, |
and exhibited his license as a pilot II de-
manded by the master. the full rates OF |
pilotage inward and outward, establish
ed by law for such vessel.
Section 1851 The pilot who brings I'm
vessel into port, or one attached to his |
pilot boat, shall have the exclusive right /
to take her out, unless the master of such |
vessel shall prove to the satisfaction of Il
"a afcu fhot Inf cl1e