The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-05-18
ANOTHER BIC
ADMIRALTY SUIT
The British Steamship Virginia
LibeIed for Short Cargo
and Freight Money.

An attachment of the British steam
ship Virginia, her tackle, apparel, en-
gines, machinery, boilers, boats, furni
ture and appurtenances was made b,
Z. S. Marshal E. r. Hendry yesterday
under a libel in rem and personam OF
contract, brought in admiralty in tn,
United States District Court agains
both the Virginia, etc, and her owners
Virginia Steamship Company, Ltd, Of
Glasgow, Scotland, by J. j. Moore &
| Company, a California corporation.
| Owing to the nature of the suit, as
above stated, double service of the libe
had to be made on Captain Crocker, in
his two capacities as master of the
| Virginia and agent of her owners
Smith & Lewis are proctors for libel
ant. Captain Croker has seen Kin
ney, McClanahan & Derby and that law
| firm will represent him, the ship and
the owners, libelees. The owners have
been informed of the Virginia's trouble
by cable and no doubt a bond for her
release will be furnished today.
The claim is for $14,5S0 on a charter
party and the case will no doubt be
strongly fought from beginning to end.
AS gathered from the libel, attested by
John B. Blair, vice president of j. J.
Moore e. CO., the alleged grounds of
action are as follows:
The Virginia Steamship Co., owners
of the steamship Virginia, of the bur-
den of 2790 tons net or whereabouts,
through Cow, Harrison & Co, it's
managers and agents. on or about Aug
ust a. 1906, chartered the Virginia un>
to libelant for voyages from Newcastle,
N S. W., to such Pacific Coast port or
ports on the mainland of the United
States as the libelant might designate,
and to return via such port or ports
in New South Wales as the libelant
might designate, finally to Newcastle
1t was provided by the terms of the
charter that the whole of the cargo
capacity, including the deck, of the
Virginia should be at the sole use and
disposal of the libelant during the voy-
ages aforesaid, and that the steamship
should receive on board all such law
full goods and merchandise as the libel
ant might think proper to ship. Also
that the owners would provide the
with every requisite and
with men and provisions necessary for
such voyages bunker, coal, stevedor-
ing and port charges excepted). The
libelant agreed to pay to the steam-
ship company, through it's managers
or agents, HOO pounds, or $5324, a
month during each and every month
the charter continued, less any adj
made for ships account or de-
auctions for time off hire.
At the port of Mukilteo, Wash. to
which the Virginia had gone in De-
cember, 1906, the libelant notified the |
master of the steamship that it desired |
10 load thereon a full load of lumber |
for Sydney, n. S. W., but the master |
refused to load her with more than !
J, 046,000 feet Of lumber, whereas the |
ibelant requested him to take 100000 |
eet, as being the steamships full car
wing capacity. In spite of the libel |
tnts protest the Virginia sailed to sgd
ley with 254, 900 feet of lumber less
han her safe carrying capacity, |
hereby causing a loss of $1676.40 in
reight money to the libelant.
At Sydney in February, 1907 the
master of the Virginia, as the agent Of
Ter owners, collected 8418S 5s.. or $780,
%, being freight money due to the
ibelant, and refused to pay the money
o the libelant but held it for and on
ccount of the Virginia Steamship Co.
The Virginia finished her voyage un-
er the charter party al Sydney about
Iarch 26, 1907, and anyone had not
aid the freight money claimed except
1900, leaving a balance due the libel
Mt of $12, 903.60. which is claimed with
interest, besides the amount of s1676.40
fifth interest claimed for shortage of
argo.
The prayers are the usual ones for
tation of all interested, for judgment
the total amount of 1850 claimed,
~ the condemnation and sale of the
irginia and such other relief as the
belant may be entitled to receive.
AN ADMIRALTY DECISION.
Judge Dole gave a decision yesterday
the admiralty libel of Pope & Tall
1t, owners of the schooner Mary Z.
oster, against the dredge Pacific and
lie tug Fearless. 1t was on defend :
1ts' exceptions and those of the Pa
fic are sustained, while three excep-
ons of the Fearless are overruled.
inney, McClanahan & Derby appear
| for libelant, f. NJ. Watson for the
acific and Holmes & Stanley for the
earless. The syllabus without the
ptions reads as follows:
"a dredge at work in a fixed position
a ship channel, signals, in answer to
e inquiring signal of an approaching
& with it's tow, that a certain side
the channel is open for her to pass,
e tug attempts the passage and it's
w is stranded. Held, that such sig
ling by the dredge was not an act
navigation that rendered it liable to
tachment.
Held, under the circumstances set
nth above, followed by a second
randing of the tow while in charge of
e tug, that an action lies in admir-
ty against such tug.
Under the first mentioned circum-
ances, a tug is not relieved of re-
onsibility because of a signal favor
lie to her proceeding through the
ssage indicated.
Liability for secondary consequences
a negligent act is relieved by the
exposition of second negligent act
overpowering force.
A necessary act is not a negligent
unless it is negligently done.
n