The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-01-26
PILOTS RIGHT TO
EXTRA PAY
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the master and were not aware of any
transfer of authority to libellant.
The counsel for libellee contends that
no proper basis for salvage is shown;
that the libellant, being a pilot, was
bound TO render what aid he could and
was not entitled to claim as salvor
for such services.
This is not the law except in those
states where statutes have been enact
ed to that effect, which generally re-
quire pilots to render air to vessel, if
possible, on their cruising grounds
whenever needed; AMI in cases when
extraordinary risk and danger is there
by incurred, provision is made for ex-
ira compensation" (The c. d. Bryant
10 Fed. Rep. 6O5) The Oregon Act pro-
vides that such requirements shall
not effect any claim for salvage arising
out of services involving extraordinary
danger and risk"
! The principle of law applicable to
this Territory, is stated in the follow
ing citations from Hobart V. Drogan ct
al, 90 Peters 300 and is supported by
| the Wisconsin go Fed. Rep. SAD:
"A pilot while acting in the strict line
of his duty, however he may entitle
! himself to extraordinary pilotage com
! pensation for extraordinary services
! as contradistinguished from ordinary
services, capnot he entitled to CLAIM
salvage; and,
"A pilot as such, is not disabled, in
virtue of his office from becoming a
I cd Ia ~.
performs salvage services beyond the
line of his appropriate duties, or under
] circumstances to which those duties do
not justly attach. he stands in the same
! relation to the property as any other
salvor; THAT is, with title to COM
| pensation to the extent of the merit
of his services, viewed in the light of
a liberal public policy"
! The ship being aground, the libellants
duties as pilot We're not required, and
\ he, under the circumstances, had the
| Same right to perform salvage services
as any other person, and he proceeded
10 do so. At the request of the mas
| ter he bottled the agents of the dis
aster to the ship. In connection with
such mission, he hailed the tug COun-
selman and requested it to go ont to
the assistance of the Clavering When
he returned to the ClaVering at about
midnight, he went aboard either at the
masters request or of his acceptance of
the libellant's own offer to do so. the
latter of which alternative views is
herein adopted, and from that time I'M
til the vessel was fioated off at a little
after three o'clock the next afternoon,
h., 4
his efforts to save the vessel
From careful consideration of the
evidence, l find that the libellants
services were accepted by the master
and were in the nature of salvage and
were of some value in the work Of
floating the ship; that such services
! were rendered in connection with con-
situations had between the master
who remained in charge of the vessel
and the libellant, the conclusions ar
rived at being sometimes carried out
by the libelant and sometimes Dy the
ships officers that the services per-
formed by the libellant did not require,
in his capacity of master mariner, I'm.
usual personal eXertion and skill; that
the performance of such services were
without peril to himself, and that it
does not appear from the evidence that
the rescue of the ship from her dan
gerous position depended on the pre-
! sence of the hbellant.
| After the conclusion of the libenant's
services he rendered a bill "To expert
pilot services rendered in getting the
steamer Clavering off the reef off Ho-
nolulu Harbor. from II h OV p. m. July
18th to h 00' p. m. July Goth, 1903,
! One Hundred Dollars"
This bill the master, orally, in the
| libellants presence agreed to pay. 1t
was afterwards withdrawn from the
! agents of the libellee by the libelant
who thereafter libelled the vessel for
salvage services.
Although the presentation of this bill
and the masters oral acceptance of It,
may not absolutely bind the parties to
such agreement, yet the bill shows
what the libellant's deliberate estimate
was of the value of his services. Call
ing them expert pilot services" does
not change their character, they were
| salvage services. And without strong
! evidence to the contrary may be taken
as a reasonable appraisement of their
value; and | so decide.
|
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