243 F. 767 | W.D. Wash. | 1917
The exceptions of the Puget Sound Tugboat Company I think should be denied. It is not very material in this case whether the valuation placed upon the cargo and the vessel by the commissioner is $15,000 or $18,000. I think the allowance made for salvage would be ample on either valuation. The respondent vessel is a British vessel, and before loading for this trip was put on the dry dock and certain repairs made for the purpose of strengthening the vessel. It went to Bellingham and loaded over a million feet of lumber, and the agent and surveyor for the board of marine underwriters was employed for the purpose of examining and certifying as to its insurability, and insurance was declined, but was obtained upon the cargo.
On the morning of December 7, 1916, the vessel was left at a point five miles outside of Cape Flattery by the tug. Sail was set and the ■vessel proceeded in a southwest course, making about a point and a half leeway, going about 8 knots an hour. At that time the mate sounded the pumps and found 5 feet of water in her hold.. The pumps were started, and later were again sounded, and found some 7 or 8 feet of water. It was then decided to wear ship and return to port for repairs. At this time the vessel was approximately 45 miles from Cape Flattery. During the maneuvering of wearing the ship, a strong southeast sea struck the rudder, carrying away her wheel and part of the steering gear. While the master and crew were rigging a spar and tackle, so that the rudder might again be used- for steering, a northeast by east course was set for Cape Flattery and held until about 10:30 on the morning of December 8th, when the tug Pioneer approached. At this time there was about 12 feet of water in the hold of the ship and she was flying the international code-signal “Y. P.,” indicating a tug was wanted. The master of the tug and tire master of the vessel were unable to agree upon a price for towing the vessel
There is nothing in the evidence that would indicate that the services of the Holyoke were necessary. The names of the crew of the Pioneer, and their monthly wage, is as follows:
The testimony shows that no heroic salvage service was performed. The services were highly beneficial and meritorious. The policy of the law is to deal liberally with salvors. I think the uniform holding of the federal courts, including the Circuit Court of Appeals of this circuit, while always recognizing the high order and merit of salvage service, would not justify the court in holding that a higher sum than allowed in this memoranda should be permitted, and tins conclusion, I think, is fortified by the following cases: The Strathnevis (D. C.) 76 Fed. 855, 861; The Cottage City (D. C.) 136 Fed. 496, 499; The Santuree (D. C.) 136 Fed. 682, 689; The Knickerbocker (D. C.) 218 Fed. 524; The Roanoke (D. C.) 209 Fed. 114; Id., 214 Fed. 63-65, 130 C. C. A. 503; The Apache (C. C.) 124 Fed. 905, 914; The S. C. Schenk, 158 Fed. 54, 59, 85 C. C. A. 384; The Willis A. Holden, 174 Fed. 5, 10, 98 C. C. A. 43; The Kennebec, 231 Fed. 423, 425, 145 C. C. A. 417.