Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-07-21
LIBELING A SHIP.
The Law Governing the Payment of
Salvage.

Inc LAW Governing the Payment OF
Salvage.
From the New York Sunday NewA
Since the disaster to the North German
Lloyd lines piers and steamships there
has been much talk OF salvage. Probably
few persons could off-nand give a defini-
ton of the word.
Generally speaking, salvage is reward
to which persons entitled when they
render assistance in saving property from
destruction by pirates, enemies or the
elements. In these days. however. sal
wage has become almost peculiarly asso-
ciated with the saving of ships. which
cases. occurring on the water, under
the Jurisdiction Of the United States ad-
miralty courts.
These courts determine the amount Of
salvage to be paid In the nature OF
things this is frequently a most difficult
question to decide, so many things having
to be taken into consideration. Walker
on Admiralty" an authority matters
marine, SAYS:
Right to salvage depends on the saving
of the property; but the rate and amount
of salvage depend upon the amount of the
property. probability of loss. the amount OF
peril to the property, the value of the serv
ice to the owner of the property and the
personal toll, loss of time. daring and dan
ger of the salver. The high order of merit.
in a pecuniary estimate. is the safe bring
ing in of property entirely abandoned and
lost to the owner-derelict. For such serv-
ice, courts have sometimes awarded seven
eighths for salvage, and IL is usual to give
half
Thus. the first thing the judge has to con-
slider is in how great danger the property
was. 1t is only human nature for the res
cuing party to eXaggerate the peril through
which he went. and the judge must be
shrewd enough to separate fiction from
fact.
Again, the Judge must consider what the
capacity of the rescuer for helping actually
is, and of what actual assistance the rescu-
er was. Then, in the last place, the final
condition of the rescued vessel a whole
must be taken into account and the division
of salvage made on the basis OF services
rendered
The awarding of salvage is, Of course,
not based on any regular rate OF percent
age. 1t hardly ever rises above one-half OF
the final value of the rescued property, and
then almost exclusively in cases where the
property has been abandoned. There have
been exceptional cases. Of a rescuer receiv-
ing something above 20 per cent of the val
lie Of property not abandoned as when
mail steamer running on schedule time,
turns out of her course to helm a founder
ing vessel: but in these cases the excessive
rate is compensation for losses incurred.
When vessels meet extremity IN a mar
1t becomes easy thing for tugboats 10
rush to their assistance and claim salvage
afterward. 1t costs nothing, or very little,
to ask for salvage money, and any little
boat that has a garden hose flirt a
drop or two of water a great liner afire
and claim s., 600 reward when the fire is
out.
These claims have already been filed. the
ships being libeled, to the technical
term of the underwriters. AS usual, the
tugs asked several times the amount they
expect to get. The great majority Of the
libels are against the Kaiser Wilhelm der
Crosse. Most of the tugs went to her
sistance because she was the most valuable
ship and was In the least danger OF having
her value destroyed.
Where a ship is insured, the salvage is
paid by the underwriters.