The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-02-17
TO THE PILOTS ADVANTAGE.
JIDGE sPEER REVERSED IN CASE
OF LIBELLED BARK sAEHELM.

Tug and in an Unavailable Condi-
tiOn-A Pilot Was rendered and
Refused and the Bark Was LIBEL
ed for PilOtage-The Lower Court
Decided She Was Liable, and This
opinion Has Been Reversed--As IL
Permits the Pilots TO Receive Sal
wage II Is TO Their Distinct Advan
tage-Decision Is Written by Judge
shelby.
The decision of the United States Cir
cult Court of Appeals in the case of the
bark Saeheim, which was iibelled in the
District Court here by John, H. Craig, has
just been received.
The opinion is adverse to that of the
lower court, which is reversed, and to the
contentious OF the pilots. Nevertheless. as
ii permits them to accept salvage, for
services rendered as salvors, it is distinct
~ to their advantage. The decision is
rendered by Judges Pardee, Mccormick
and Shelby and che opinion is written by
Judge Shelby, the newly-appointed Cir
cult Judge. The decision states the facts
Of the case and is as follows:
United States Circuit Court of Appeals
Fifth Circuit November term, 1899 Filed
Jan, &c. 1900. Eben B. Hunting, claimant
of bark "Saehelm," appellant " John
H. Craig, appellee. Appeal from the Dis
Jrict Court of the United States for the
Southern District of Georgia. Before
Pardee, Mccormick, and Shelby, circuit
judges. Mr.. Joseph A. Cronk for appel
liant. Mr.. T. p. Ravenel for appellee.
Shelby, Circuit Judge
This is a case of pilotage in which de-
cree was rendered in favor of the libel
liant. The claimant appeals to this court,
and the decree is assigned as error. The
material facts may be briefly stated In
1898 the Norwegian bark Saehelm, while
navigating the harbor of Sapelo, Georgia
tost her rudder, sprung a leak and be-
came water-logged. She went aground
there ION the mud-bank." In this condi-
ton she was disposed of at public sale
with her cargo, and James Foley became
the purchaser of both. Foley contracted
with the Propeller Towboat Company to
deliver the bark and cargo at Savannah,
ga. temporary rudder was put up, and
two steam pumps were used to clear her
OF water. But the pumps would not keep
her clear of water To run the pumps
Foley put "a dozen negroes and a watch
man in charge" Only one Of the men
was seaman, and he was employed as a
laborer NO man on board had a cap
lowed out with her cargo aboard from
sapelo by tug. The tug had United
States license" and her captain in
charge was authorized to navigate her
without paying pilotage. When she was
about two miles outside of Tybee bar
John H. Craig, the libellant, approached
her on the j. H. Estill. She was then
IN tow of one steam tugboat. Craig Of
Tered his services as pilot and was not
accepted. The Saehelm continued in tow
OF the tug till she was over halfway be-
tween the bar and Tybee light house, and
then the tUghoat Gym hia went to her as
slstance and took hold of her. At the time
craig spoke her, she was drawing TWEEN
ty-two feet of water. After she got to the
light house they stopped pumping and she
went to her decks, twenty-five feet. The
oaehelm was not entered or cleared from
ILs Ttustom House at Savannah The
deputy collector testified that 1.-THE vessel
was a wreck, she was coming in to be re-
pared. Under these circumstances not re-
CURED to enter or clear" The amount of
piotage fixed by the regulations for yes
sells drawing twenty-five feet is $3.50, and
the decree was rendered in favor of the
nbelant for that sum.
This case turns upon the proper con-
struction of the statutes of Georgia re-
lating to pilots and pilotage The statutes
are contained in sections 1856, 1851 1858 1864
which for convenience, are printed in full
in the margin. The purpose of the statutes
IS 70 require ship or vessel, with certain
named exceptions, bearing towards any of
the ports of the state, to accept the SER
vices of a pilot, and to require that the
rrst pilot who offers his services shall be
paid, whether his services are accepted
or not. The question in this case is,
whether or not the Saehelm, when the
lbelant offered his services, was in a con-
dtlon to make her subject to these stat
utes. The ship or vessel must be one
bearing towards a river or harbor of
mis- state" Section 1856 The first lines of
thls section refer to ANY person, mas
ter or commander" etc, who refuses to
receive a pilot; but the last lines provide
mat the pilot shall exhibit his license ''if
demanded by the master" The following
section, 1861 is to secure to the pilot
VINO brought the vessel in, the right to
lake her out, unless the master of such
vessel shall prove to the satisfaction OF
the commissioners that such pilot misbe-
haVed while in charge of the vessel" Sec
uon 1858 provides that the pilot shall moor
or dock the vessel If required by the mas
ter on arrival Section 1866 provides that
the master of a vessel in readiness to
IeaNe' must, IL practicable, give notice to
the pilot entitled to conduct the vessel
out. Clearly these four sections refer to
- ii3NlSatlnB VeSSel, bearing towards q
port or harbor. with master on board
mere are words in each of the four sec
IONS to indicate that the Legislature
meant a vessel or ship with a master
apoaru' In the first section the master
may demand the exhibition of the pilots
license; in the second he may make proof
o. the pilots misconduct; in the third he
may require the pilot to moor or dock the
sessel; and in the fourth he must give
notlce or readiness to leave. A ship or
.essel with master, or with some per-
soh IN command was meant This view
W., was taken by libelant's proctors when the
t tt was hled, for we find it alleged in
u,e noel that ''libelant rendered his SER
ICES TO the master thereof, or person IN
command thereof" The language OF the
act shows indisputably that a vessel with
d master is meant. or at least, with
ine person in command. 1t is we think
H"pHed, that crew would be aboard to
manage and control the vessel This leads
~ the conclusion that a vessel that is
"a "a Vlsable, and with master and crew in
,uaIEe, Is meant When the libeIant Of
AtIHQ his gOrUfdaa oe