The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-11-06
THE RESTORER AND
THE MANCHURIA
ANSWER OF THE PACIFIC MAIL
TO THE LIBEL FOR SALVAGE OF
THE BIG LINER.

( The Pacific Mail steamship Company,
as the owner of the steamship Manchu-
ria has filed an answer to the libel of
the cable ship Restorer against the
Manchura. Kinney Mechanism and
Derby are the proctors for the mail
company The gist of the answer seems
to be that the services of the Restorer
were of little value and such as they
were they were given i'm recognition of
Obligations from the Pacific Commercial
Company to the mail company or to Mr.
Hartman. The following Is a sum-
mary of the answer in which the mail
company describes itself as the claim
ant ana intervenor.
The Pacific Mail Company, claimant,
says that nAugust 20 the Restorer
was entirely disengaged and was lying
i'm the port of Honolulu as great ex-
pcusc to those interested i'm her. 1t is
denied that the Restorer was worth
100000, and alleged that her value is
much less. The Manchuria was farther
from the shore line than alleged in the
libel.
Claimant denies that it's agents on
August 20 requested the Restorer to
proceed to Waimanalo to render such
service as was possible to the Manchu-
ria. On the evening of the 2Oth the
agents asked those i'm charge of the
Restorer whether it would be possible
to use the Restorer to assist the Man
churia. Those i'm charge of the Restorer
replied that it would not be possible
without cable instructions from home.
Claimant on August q sent a cable to
E. r. hartman, it's representative in
New York, to see if he could make ar
arrangements for the use of the Restorer
libelantw as under certain obligations
to Hartman and to claimant, and Har-
riman felt that libelant would be anx-
ious to oblige him and the claimant.
Hartman informed libelant (the cable
company by telephone that he would
appreciate assistance to the Manchuria
by the Restorer, to which message
libelant later replied that it would ca
bic its agents in Honolulu to assist the
Manchuria with the Restorer
The Restorer proceeded to the Man
churia solely because of asid cable
from libelant in New York.
Claimant alleges that the use of the
Restorer was considered by libelant and
claimant was considered by libelant and
claimant and Hartman as in the ma
ture Of a special and personal favor to
claimant and Hartman, and not as an
agreement or contract for the perform
ance of salvage srvics, and that had
claimant and Hartman believed that
the Restorer would make any claim of
salvage the Restorer would not have
been used by claimant, since her use
could have been easily dispensed with.
All of which claimant sets up in miti-
cation of damages.
Claimant denies that the Manchuria
was in pos ton of great or any con-
siderable peril, or that her main en-
gines were disabled, or that she was
incapable of being navigated at the
time in question Crowded she were off
the reef, and denies that she was in
danger of destruction.
Dates given in the libel are disputed,
claimant saying the Restorer did not
begin to render assistance in any form
to the Manchuria until August %, also
she ceased on August 30, not on Sep
TENDER 4, to strain on the hawsers, her
engines being stopped on August 90 by
orders of Captain John Metcalf, then
in charge of the wreck!ng operations,
and not thereafter but in operation
until after September 4.
1t is admitted that on September 80,
at the Restorer's own special request,
she was allowed to use her engines
again and strain on the hawsers, such
permission being given solely to suit
the convenience of the Restorer 1t is
denied that the Restorer equalized the
strain on the steel hawsers attached to
the Manchuria and that she rendered
efficient or any service to prevent the
Manchuria from driving farther upon
the reef Before any ass stance was
rendered by the Restorer the Manchu-
ria had already drifted as far inshore
as it was possible for her to do. She |
could and would have remained in such |
position with or without the assistance |
of the Restorer, and the Restorer did |
not, in one iota, have anything what |
soever to do in preventing the Man |
churia from driving nearer the shore |
than she had done before the Restorer |
began operations.
On September IA the Manchuria, hav- |
ing been lightened, by means of her
own winches attached to tackles, ca
bles and hawsers laid down with great |
care by Captain Metcalf, succeeded in |
moving herself about $50 feet into deep |
water. The cable ship Restorer, the u. !
S N. Tug IrOquOis and the u. S. r. C. |
Manning assisted in very slight way,
the Restorer taking perhaps one-half |
Of the work. Without the assistance of |
the Restorer the Manchuria could have |
and would have come off the reef. |
Claimant admits the towing of the |
to Honolulu by the Re- |
storer, 1t denies that the anchorage |
at Waimanalo was poor
Claimant denies that the Iroquois and !
Manning are of small size and power !
with the Restorer saying the |
is of 5000 horse power as |
against the 1000 of the Restorer, while |
until recently the Iroquois was the |
most powerful tug on the Pacific |