The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-04-07

4
where there is a reef there is a heavy
sea. if there is any sea at all running
Indeed, the official map OF the Harbor
of Honolulu introduced in evidence and
marked Libellant's Exhibit g., indicates
this reef with the following words al
ways breaks And the least sea would
raise ship laying in the position that
the Nevadan lay so that when it falls.
she would strike heavy and thus she
would be likely If she remained long
on the reef to pound to pieces. Forum
ately there was no unusual sea on the
night the vessel was stranded
EFFORTS TO ESCAPE.
AS to the Nevadan's own efforts to
free herself. the court says:
"A decided effort was made at the
trial OF this cause to show that the
Nevadan came of the reef by her own
efforts. This is not borne out by the
facts. The Nevadan had been on the
reef for some time. full hour, before
the tug took hold of her. and she had
tried to get OF by all means in her
power and with the assistance of the
Young Brothers gasoline launch. but
she remained fast. After the Fearless
commenced Juggling on her. she still
remained fast for another full hour or
more and she only came off when the
tug changed her relative position to the
ship by veering across the channel a
little more at right angles with the
Nevadan. It is easy and indeed usual
officers who are most to blame in in
curing such danger, and when it is a
thing OF the past. to claim all the credit
for relieving the ship"
The court says further that the dan
ger to the Nevadan was admitted by
the attempt Of Percy Morse, the agent, |
to secure the services of the Iroquois, |
this indicating that he thought "the |
Fearless would be unable to pull the |
Nevadan off unaided by other vessels.
The Fearless was not occupied but a
short time after she had made fast to
the Nevadan in accomplishing the pur-
pose for which she had been sent, but
as TO this shortness of time the Nevad-
an should not complain. 1t would seem
to have been matter for congratu
lation"
THE TUGS DANGER.
AS to the tugs danger the court
says:
Now as to the danger to the tug.
1t was night when the tug reached the
and made fast; there were no
lights on the buoys in the harbor. And
right here would add that this is a
matter of surprise to me. It appears
hat when the regular pilots take ships
out of the port of Honolulu at night
they place lights on the buoys along
he channel; but when a ship goes out
pilot, she must either go in
o the darkness, as no lights are on the
1uoys. 1t seems to me that this looks
| little like a premium on the services
If the local pilots.
1.-The channel is a narrow and tortu
JUS one, bounded on each side by coral
eefs and there was the possible danger
o the Fearless of going on the reef
lerself that night, for in manipulating
n the dark the hawser might have
broken or got wound up in the pro-
,eller of the tug, and in the shallow
waters near the reef the tug might
ave been drawn on to the reef. Says
durphy, the mate of the Fearless, If
he hawser had carried away, we were
lose in; we would have sped dead
head upon the reef like a shot out of
gun; nothing could have saved her
1T must be admitted that the danger
he tug was in arose from her employ
1ent and was a consequence of. her q
forts to assist the ship. off the reef.
nd was a part of the res gestae. 1t
as evident that the Nevadan was not "
eemed quite out of danger when she
Iarted out the channel. moving at the =
ate of from three to four knots an
our, and continued to haul the tug .
-ern foremost after her.
AWARD OF COURT. =
The court also says that the Nevadan
Iercised no undue haste in relieving L
lie Fearless from the danger of drag 81
ng her astern. In conclusion he
dds:
1.-The single question is, in view of 9,
! the circumstances of the case, what nc
mount of salvage is reasonable. for E,
e court holds that the Fearless and ri
e owners thereof are undoubtedly -
titled to a Judgment of salvage. As1 I
as once said by the Supreme Court OF
e United States. Salvage should be
fostered and the salvors s
mpensation not as mere pay for
,rk and labor done. not, indeed, linz
d to the precise quantum of benefit
the nartfcular case but on a. scale s