The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-02-03

ADMIRALTY
CASE DECIDED
JUDGE SHEPPARD IN DECISION
SAYS ADMIRALTY WILL NOT
TAKE JURISDICTION OF SER
VICES RENDERED AN ADAM
DONED SHIP.
An important admiralty decision was

An important admiralty decision was
| handed down in the United States dis
trict court yesterday in the case of +.
| E. Saunders against the bark Camp
| bell, which involved the claim of the
| libellant for pumping out the hulk OF
the vessel for David Levy, the respond
ent, who purchased the wreck at an
underwriters sale for junk.
The vessel was one of the several
! that were wrecked by the memorable
gale of September 26th, 1906. The
case has been hanging fire on the
docket Of the court for nearly three
years and arose over a dispute as to
the nature and extent Of the undertak-
| ing Of the wrecking company to raise
the wreck and tow 1t to Gull Point,
where it was proposed to beach 1t and
| break it up.
A volume of testimony was taken
| first and last, in support OF the con-
tentions of the litigants, but the ques-
| ton of jurisdiction on which the case
turned was not raised until the matter
was finally submitted, when it was ex-
haustively argued by counsel, whether
the services performed by Saunders in
pumping out the hulk and towing it
! to Gull point was Of a maritime ma
| ture. This was a question of no little
difficulty for the court, but on this
question the opinion sums up the
authorities as follows:
I'VE find there has been a distinc-
ton made by courts between salvage
services and a contract OF a maritime
nature. Salvage is the reward for
which the thing saved IS bound. A
maritime contract is one which relates
to commerce and navigation, but does
not always contemplate a lien. 1t
concerns more the subject matter
than the object of the contract.
Salvage of drifting logs on the
high sea or navigable rivers is the sub
ject of admiralty jurisdiction, so also,
is the salvage of a vessel undergoing
repairs in dry dock from peril of a
threatening fire. Likewise a disman-
tied and disrobed steamboat moored at
the dock and used only as a wharf
boat, is the subject of salvage lien.
A SALVAGE SERVICE,
Floating a vessel which has been
driven ashore by storm is a salvage
service. For beneficial services OF
such a character admiralty takes
Jurisdiction in rem and will enforce
the lien.
Generally admiralty jurisdiction ex-
tends to all things done up and relat-
ing to the sea, to transactions relating
to commerce and navigation, to dam
ages for torts, and injuries upon the
sea, and the modern tendency is
toward expansion rather than restrfc-
ton until it extends to almost every
thing engaged in navigation or that
successfully aids commerce, whether
upon the high seas or the great lakes
and navigable rivers. But contract
to be enforced in admiralty must re-
late to navigation or maritime employ
ment. It must be one Of navigation
and commerce on the seas or navigable
waters. If the business Or employ
ment of the vessel relate to commerce
or navigation of the water, she is the
ward of admiralty, whatever may be
her size form, capacity or means of
propulsion. Admiralty jurisdiction
does not extend to ships merely be
cause they are ships, but as aids to
commerce and navigation. Thus a
ship not launched but equipped and
ready to sail waiting her baptism of
wine and nautical designation is not
yet an instrument of commerce and
NOT Tie subject vi duIllI tlby Jul ISulC-
ton.
From an extended investigation of
the subject l have come to the con-
clusion that the test of jurisdiction is
whether the service rendered was for
the benefit of, or in aid of a vessel en-
gagged in commerce or navigation.
In all the cases examined, where
the claim was for raising sunken yes
sells they were capable of being used
in commerce and so intended, or to be
transformed into some other species
CT craft and used in connection with
commerce or navigation.
a contract for raising a wrecked
and abandoned vessel for junk is not
one Of admiralty jurisdiction, there
fore the libel must be dismissed.
The libel not disclosing the condi-
tion of the vessel, the objection to the
jurisdiction should have been made by
plea, though if not so challenged, the
subject matter of the jurisdiction can