The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-10-12
DUHRfeel fl1 NtID[D
Iconunued From Frra Passl

b wen the master 81 the Dunrexsan and
plain Brpkar OF the Fearless a. To she
ard Of salvage 10 L. Fearless heinz
. fi5ed BY arbitration IN tke sveat the
zrsess should renler services TO The
Il Inrexxan and sssccc--i IL getting h.r
o. the ref
The testimony se%zss 10 Be conflicting
uson this point
II . admitted By all the parties to th.-
action that the Dunre<gzn xzs In 20
sition Of graf danger: that the Fearless
rendered efficient services in rs>cuing her
and her cargo: bat as to the services ren-
dered BY Captain Nacauley while in CON
siderable dispute In this case the ma5
ter resolves itself into the two questions
Of who Is entitled to the salvage awari-
and what amount or amounts should ~
allowed 10 each party
In this case the ship and cargo saved
vas in great danger of total loss Cap
tain Pond OF the Irog1ois ssid in refef
enee to the position and danger Of > the
tug Fearless while hauling at the Dun
reggan, that it was not place WHERE
he would ordinarily care to take his YES
sci. unless in a case OF absolute neees
sity:" yet the Fearless was fortunate
enough 10 avoid any untownr'l accident p
her efforts 10 rescue the stranded vessel.
The officers and men OF the Fearless did
their full duty in the premises. and while
there were no peculiarly hazardous cir
cUmstances connected with what they did.
and especially in view of the fact that no
lives were lost or serious injury suffered.
vet il is not debatable but what there
was some risk AMI more or less bravery
displayed by the officers and men Of the
Fearless in remaining all of the uisht OF
the Sth OF August in shallow waters on
the edge of the coral reef 1.-THE cause OF
the disaster of the DunreggaH) within
hundred yards of the breakers, subject to |
strong currents. hauling and pulling ut
the Dunreggan in the darkness of the |
night in order to keep her head TO the |
sea and 10 the wind. That this largely |
prevented the stranded vessel from going |
luz fttl anu mus
ing total wreck. is borne out by the |
testimony of majority of the witnesses, |
and is admitted on the argument by the |
proCtors for libellee.
1t may he and doubtless is true that |
in the hurry and excitement of wreck
age like this, the very best thing is not
done, and possibly the very best thing was
not done in this case, but enough was
done to save the ship, although damaged |
by her rough experience, and
TO save also a cargo worth, with the
freight. S54 ,266.59. 1t now i'll becomes
the captain or other officers of the Dun
reagan to say that this could have been
done by other neaas, but which means
were not employed. No subsequent opin-
ions Of the officers Of wrecked vessel
looking backward as TO what they might
possibly have done, but which they did
not do. can in anywise disparage or I'M
dervalue what was done by the salvors.
1t is settled in the mind of
the court that in considering the amount
Of salvage to be awarded. the Fearless is
first. the Iroquois having asked no halv-
age. however efficient the court may con-
slider her services, It cannot decree re
therefor: the Eleu having
been paid in full for the services rendered
BY her as per the receipted bill introduced
in evidence, she is entitled to no further
there yet remains the
claim of Captain Macanley, the inter
ienor, for personal services rendered oy
him for about an hour on the afternoon
If the 9th. 1t seems that he was au ex-
pilot, familiar with the depth
# the water and the currents where the
'essel was wrecked and while counsel {
or libellee claims that he is debarred :
rom demanding any salvage by reason
II the Eleu having been paid in full fer
Ter services, upon an agreement made
With Captain Hilbus on the Sth Of August
nd assented to, as claimed by the mas
er of the Dunreggan. by Captain Mac
uley when he arrived on the scene on the
It'll; Yet il is not clear to the court from
he testimony that Macauley and Dixon
each other, or that there was {
ny meeting of minds between them on
hat day in the nature of an agreement.
he court is inclined to believe that Cap
ain Macauley was a volunteer. when his
ervices were accepted by the captain IF
he Dunreggan. and that ne simply re-
pended yes to the inquiry of the cap
ain of the Dunreggan when he asked If >
was the same boat that he Dixon
ad made the agreement with the day
efore. without any confirmation of said
greement And while il is true the
lieu was paid for that day also, the
ourt is inclined TO the belief that Mac
uley is entitled to some compensation =
pr the services rendered by him per- u
,nally rs master. notwithstanding the
ettlement of the Eleu. =
But counsel for libellecs
lain that such services were not en-
tied To much reward To sustain the.
osition he says there was no danger to
fe on either the ship Dunreggan or the
tx Fearless. To be exact, he claimed
lere was mot the slightest danger 10
fe. He argued that this was so be-
suse the weather was fair and continued "
lir during the period the Dunreggan WIS =
! the reef. and that she wss pulled OF C
he reef before she was wrecked. As =
inning IL to be true that there were no
YES imperilled- yet the court cannot see
by reasonable salvage should not be :
lowed for mer;torious effort to save
ie ship and cargo. There were some :.
men on hoard of the Dunres- p
an While the ship was safe they. too. 3
ere safe. But If storm had arisen.