The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-11-06
Personal.
FAVOR ONLY
P. M. S. S. Go. BeIittles
RestOrer's Aid to
ManChuria.

en- in the answer of Pacific Mail Steam
| ship Company, claimant and interven-
! or. 10 the libel of Commercial Pacific
| Gable Company, owner of the cable
| steamer Restorer. against the steam
ship Manchuria for $500, OO0 as salvage
money.
| 1t will be remembered that after
| previous libel was filed it was with
! drawn, the explanation being given out
that the matter of compensation for the
Restorer's services was to be adjusted
in New York. Then, a few days later,
the libel now pending was brought.
Some inkling of the relations between
the big men of the two companies in
New York may be found in the answer.
! 1t was filed by Kinney, McClanahan &
Derby, and the following is summary
of it's contents:
The Pacific Mail Company, claimant,
says that on August 20 the Restorer
was entirely disengaged and was lying
in the port of Honolulu at great eX-
pense to those interested in her. 1t is
denied that the Restorer was worth
$500, 900, and alleged that her value is
much less. The Manchuria was farther
from the shore line than alleged in the
libel.
Claimant denies that its 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 goth the
agents asked those in charge of the
I'LL
to use the Restorer to assist the Man
churia. Those in 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
rangements for the use of the Restorer.
Libelant was 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 MESA ge
libelant later replied that it would cable
its agents in Honolulu to assist the
Manchuria with the Restorer.
The Restorer proceeded to the Man
churia solely because of said cable
from libelant in New York
Claimant alleges that the use of the
Restorer 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 services, and was so
understood by libelant, 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 position 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
engines being stopped on August 90 bv
orders of Captain John Metcalf. then
in charge of the wrecking operations.
and not thereafter put in operation
until after September 4
II is admitted that on September 40
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 equalzed the
strain on the steel haWsers attached to
the Manchuria and that she rendered
or any service to prevent the
Manchurla from driving farther upon
the reef. Before any assistance was
rendered by the Restorer the Manchu-
ria mad already drifted as far inshore
as 1t was possible for her to do. She
could ana 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 WlncheS 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.
:. y. tug IroGuois ana the L. s r c.
assisted i'll a very slight way.
the Restorer taking perhaps one-half
If the work. Without the assistance of
the Restorer the Manchuria could have
and would have COT11. off
Claimant admits the towing Of the
Nancnuria to Honolulu by the Re-
s;orer. 1t denies that the anchorage at
Waimanalo was poor
Claimant denies that the Iroquois and
Manning are of small size and power
compared with the Restorer. saying the
Manning is of 22nn hn,.sa no1,-or &c