The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-19
DOLE DECIDES
SALVAGE CASE
Inter-IsIand Company Awarded
$4,000, and SpreckeIs
Gets $4,000.

Judge DOle ndndeQ down decision
in admiralty yesterday morning, in the
British ship Loeb Carve salvage cases,
and gave Judgment for the Inter-Is-
land Steam Navigation Company in
the sum of $4,000, and to J. D.
Spreckels & Co. for $4,000.
Smith & Lewis represented the
InterIsland Company; Holmes, Stanley
& Oleson appeared for the Spreckels
company; and Kinney, McClanahan &
Derby were proctors for the claim
ants.
The Loeb Carve went ashore on the
southerly coast of Mofokai on the 4th
day of March, 1907, and she lay there
until the evening of March 7, when
she was foated by the Likelike and
the tug Intrepid. The British ship
was bound for Honolulu with cargo
of saltpeter when she grounded No
less than FIVE of the Inter Island ves=
sells were used at different times in the
attempt to pull the ship from the
rocks, besides the Spreckels tug In
trepid and the United States revenue
cutter Manning. The salving boats
worked at great disadvantages during
the greater part of the time, stormy
weather prevailing during the time
they were working. 1t was due to this
fact in great measure that the Inter
Island boats were so highly recon-
pensed.
Judge Dole sums up the case as
follows:
I am impressed by the circumstances
under which the libelee fioated off the
reef, as favoring conclusion that the
services of the Manning materially
contributed to that result.
The services of Captain Haglund the
representative of the Inter-Island, in
taking charge of the salving opera
tions. although perhaps not fully in re
lation to the Manning, I consider as
| having contributed effectively to the
success of the salving operations.
Discipline on board the libelee was
pretty nearly at an end, and the ship:
company did practically nothing tt
save the, vessel except under the di
rection or suggestion of Captain Hag
lund and Mr.. Conradt.
| Although the ibelee can not be saiG
to have been in extreme peril during
her stranding, she and her cargo were
in great peril. The cargo was salt
peter, whose value would have beer
substantially destroyed if the strand
ing had caused a leakage sufficient Il
| have soaked it with salt water. Thu
season of southerly gales had not end
/ ed. Such gale of ordinary severity
would have interrupted the salvage OPP
erations and probably have total,
wrecked the vessel and destroyed tn
cargo. The distance from Honolulu
the headquarters of all salving vessels
is about sixty miles over the opel
ocean. The prompt and energetic
measures taken by the Inter-Islant
were called for by the situation ant
must be considered in estimatin,
| awards.
/ accept the witness Blair's appraise
ment of $4,000, as the salved value o.
the libelee, which appears conservative
in view of the valuations of other wit
nesses, and to be based upon a salts
factory experience. This, with the es
innate of values of the cargo ant
| freight money, which were not con
tested, amounting to $110,S34.16 ant
$7460, respectively, makes an aggregat,
value of $15S, 29416. The valuation O.
the four vessels of the Inter Island ag
gregates $430, 900, their crews numbered
| 1879 persons. The valuation of the In
trepid is 100000, and her crew number
ed II persons.
Although the libel of the Inter-Islant
does not, like that of Spreckels, includ
its crews as proposed participants il
the benefits prayed for, they are full,
recognized in its brief in the word
'.there was large amount of propert,
engaged in salving and great numbe
of officers and crew to participate in tn
award" AS in the Chiusa Maru case
the awards herein made are. INTENDED
to include in their benefits a REASONABLE
proportion to the masters and crews o
the vessels of Iibelants respectively an
other servants eff Ibelants according t
the value of their services and the hard
ships and danger to which they wer
exposed. No testimony having beel
specifically offered on this point, [ vii
leave the matter of adjusting such paI
ticipation to the respective libelants
with the request that they file with tn
papers of this case their reports of thei
actions.
| estimate the compensation due tn
er-Island at about two-thirds of tn
aggregate amount which should
! awarded to all of the salvors if all wer
claiming salvage.
Decree may be entered for the Inter
Island Steam Navigation Company
Limited, in the sum of fifteen thousan
dollars, ($l5, 100000, and for j. I
i Spreckels & Bros. Company, in the SUI
; of four thousand dollars, ($4000.00
with costs.
| -s.@.s--