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VOL. Xv. CLEVELAND, OHIO, JAN UARY 7, 1891. NO. 2 Maritime Law. SALVAGE—CARGO SAVED FROM WRECK—MASTER AND SEAMEN AS SALVORS. U.S. District Court, Southern District of New York. A steamship ran aground on a well-known shoal in clear weather, There, some of the crew were sent in asmull steamer to the nearest point and discharged. The master and seven of __ the crew remained by the vessel, removed from her to an island $9,500 in specie, and finally abandoning the wreck, brought the specie in a small boat to a place of safety, Afterwards they libelled the species for salvage. The work was not dangerous or arduous. Held, that apart from his presumptive negligence in so stranding the ship, he was but fulfilling his legal duty in providing for the safety of such of the carzo as can be saved, and was not entitled to salvage compensation therefor; but seamen, who assist in saving cargo after the voyage is broken up, are entitled to extra compensation therefor, even though they are not formally discharged from the vessel, and $1,000 was in this case awarded to the seven sailors. Brown, J. Without considering the question of the presumptive negligence of the master in running his vessel upon a well-known shoal in fine weather, the master is not en- titled to salvage compensation, for the reason that the proofs do not show any such extraordinary circumstances or any such service outside of the line of his duty, as to entitle him to a salvage reward. In disaster the master is the agent and representative of the cargo, as well as of the ship, as respects all matters connected with its safety and preservation, so far as preservation is possible. In cases of stranding, it is his duty to provide, so far as cir- cumstances permit, for the safety of such of the cargo as can be saved. In arranging for the return of the Presi- dente Carazo from Greytown to take the specie which she had refused to take upon her first trip, the master was only fulfilling his legal duty. The arrangemont was a simple and proper one upon which he had aright to reply. It did not apparently involve any danger, and but small inconvenience. Why the Carazo did not return we are not told. The agent of the libellant company who went to Greytown in her and who verified the libel in this case, if he knew the reason, has not disclosed it. But that is not. perhaps material. Though her failure to come back entailed much additional care and labor, it did not change the master’s duty as respects the specie. As respects the seamen, the case is somewhat different. All hope of saving the ship or of continuing the voyage had been abandoned before the Carazo sailed away. The engagement of the sailors for the ship and voyage was broken up. Thirty-one of the crew were sent to Greytown evidently discharged, and the seven who remained, should be treated, I think, not as seamen remaining on wages, but as any other persons would be treated who were se- cured by the master for the purpose of preserving so much of the cargo as was practicable, after the abandon- ment of the ship. That seamen after their discharge may be allowed compensation as salvors where the voyage is broken up, has been repeatedly adjudicated. 3 Kent. 12th. Ed. 196; the Blatteau, 2 Cranch, 240, 269; The Uma- tilla, 29 Fed. Rep. 259; the Mary Hale, Marrin on Salvage 161; the Holder Borden, 1 Sprague, 144, The Warrior, Lush, Adm. 476. The old sea laws; while emphasizing the duty of the seamen to stick by the ship, and tosaye as much as poss- ible of ship or cargo by all reasonable exertions, provide also for extra compensation to seamen over and above their wages, though not discharged, when they have per- formed this duty. Art.3 of the Rolle of Olearn says: - “the master shall allow them a reasonable consideration to carry them home.” The ordinance of Philip II of Spain gave them wages ‘and a reward out of the goods saved.” The laws of the Hanse Towns, Art. 44, says: ‘the master ought to reward and satisfy them.” The Mar- ine Ordinance of Louis XIV, Book 3, til, 4, Art. 9, says whatever way they may be hired, they shall be over and above paid for the time they are employed in saving the wreck and goods.” 2 Valroger, Code Com. 591; 3 Des jardins Droit Mar 716. That the seamen who remained should receive some extra compensation under circumstances like the present seems to me equitable, and authorized by the maritime law. I do not find, however, that the actual service was arduous, and the sum of $1,000 will, I think, be a fairand liberal compensation, for which a decree may be entered with costs. November 19, 1891. +e ANNUAL MEETING OF THE CLEVELAND VES- SEL OWNERS’ ASSOCIATION. The annualzmeeting of the Cleveland Vessel Owners’ Association, held last Thursday was unusually well at- tended. President H. M. Hanna occupied the chair. The first business of the meeting was ths report of the secre- tary and treasurer, George P. McKay, of which the fol- lowing is a summary :— Balance on hand January 13....... ..--... Tonnage tax for 1891— On 162 steamers, 202,341 tons.... On 143 sail vessels, 94,784 tons........ Money refunded by Forest City House Total......... RAST Cea sien Disbursements as per vouchers ----$ 411 67 --- $7,024 64 3,317 51-10,342 15 11 25 $10,765 07 - 9,979 58 Balaneeiscc-pcsae awa ese cas 8 785 49 From this is still to be pala $195 to the widow of Capt. Bennett, which will leave a balance of $590.49. There have been enrolled during the year 163 steamers with a tonnage of 203,048 tons; 144 sail vessels of 95,- 79 tons; total 307 vessels of 298,127 tons; an in- crease over 1890 of 25 steamers, and 12 vessels of 52,419 tons. One vessel and one steamer are delinquent but it is expected they will pay. The report was received and an auditing committee consisting of B. L. Pennington and M. A. Bradley was appointed to audit the accounts. The Association then proceeded to the election of officers. While this was in progress Capt. Wilson pro- posed that the number of the executive committee be increased from seyen to nine or ten, but upon discussion it was found that some difficulty might be experienced in getting a quorum together if the numbers were in- creased. Capt. Wilson then moved that the membership of the board of managers be increased from twelve to fourteen, This prevailed, Messrs. B. L. Pennington and H. G. Dalton being chosen as the new members. It was moved and ordered that the chair appoint a substitute for H. P. Lillibridge on the board of managers, that gentleman having gone to Europe for a protracted visit. President Hanna filled the vacancy by appointing H. H. Brown. A motion that all other officers be unanimously re-elected prevailed. The association is now officered as follows: President, H. M. Hanna; vice president, M. A. Bradley; secretary and treasurer, George P. McKay; board of managers, or advisory board, H. M. Hanna, ex-officio, R. K. Winslow, H. H. Brown, P. G. Minch, W. D. Rees, J. H. Palmer, M. A. Bradley, George P. McKay, Thomas Wilson, W. C. Richardson, J. W. Moore, James Corrigan, B L. Pennington, and H. G. Dalton; executive commit- tee, H. M. Hanna, Thomas Wilson, James Corrigan, M. A. Bradley, J. W. Moore, George P. McKay, B. L. Pen- nington Capt. Thomas Wilson said that the officers of the Gov- ernment in control of such matters had been, during past years, arbitrarily closing navigation, by extinguishing the lights and remoying buoys at about a certain time of the year, when they were most needed by vessels that were out late. He thoughtja movement should begin looking to the establishment of a rule that lights should not be extin—- guished or buoys removed until the last boats had been laid up. He referred to the lights at Stannard’s Rock and Spectacle Reef, and said tugs from Marquette and Escanaba respectively could take the keepers off at any time of the year, and the light ships at the Straits could remain as long as necessary and get in at any time with their own power. He moved that a committee be ap- pointed to draft resolutions to this effect, copies of which should be sent to Washington and to vessel owners’ as- sociations elsewhere on the lakes, The motion received a favorable vote, and Capt. Wilson, L. C. Hanna and H. D. Goulder were appointed a committee to draw up and forward the resolutions. Capt. W.S. Mack then spoke of the dangers of block- ing narrow channels and the chances of another wreck like that of the Susan E. Peck. He said that the reck- less running of the big boats was the great danger. Hé thought the Government should establish a patrol in the new Lake George cut to regulate the speed of boats through the channel. Capt. Wilson seconded Capt. Mack’s remarks, but said that he would go further. He believed that there should be duplicate channels at both the Sault and the St. Clair Flats. Capt. James Corrigan said that some of the money now in General Poe’s hands might well be spent in dredging off the points at those narrow places, so that immediate benefit might be de- rived from the funds placed at the disposal of the United States Engineers. Capt. Mack strongly favored Capt. Wilson’s views and referred to the establishment of a patrol as somethiag that could be accomplished without delay, and recited a few incidents which came near resulting in serious acci- dents through the recklessness of captains, all of which might be obviated by the presence of a properly author- ized patrol. Capt. Wilson said that another thing badly needed was the deepening of the channel above the lock at the Sault. For a mile above the lock there was a depth of but fourteen feet, and when the gates were opened to fill the lock the depth was reduced so that vessels struck bottom and holes were broken in them, and further that Congress was broad enough to favor legislation for the protection of the Northwest Commerce if our needs were properly presented to them. Mr. W. D. Rees moved that a committee of eight be appointed, one of whom should be the chairman, to con- fer with General O. M. Poe in regard to both these mat- ters. President Hanna appointed Mr. Rees, Captains Wilson, Mack and McKay, M. A. Bradley, H. H. Brown, and James Corrigan to act with him. Mr. L. C. Hanna said he had been requested by an Escanaba gentleman to warn the Association that as a result of their partial victory; in the fight over trimming charges on ore cargoes, the labor unions there were ef- fecting a coalition with the object in view of not only resisting the proposed reduction, but of making the situa- tion exceedingly uncomfortable for any boat going there with a non-union crew. He said the defeat last year was largely due to the sympathy of masters, including those of Cleveland and Association vessels, who declined to have their work done by the independent gang at the lower figure. All this trouble could be effectually resisted should the Association place a man there to protect their interests and then give him their support. This;matter was informally referred to the board of managers, no other business connected with the annual meeting being brought foward the meeting adjourned. At asubsequent meeting held on Monday, tonnage assessment was made for 1892 at 33¢ cents per register ton, Counsel and shipping masters were appointed and a committee to classify the tonnage now in the associa- tion. This committee will report to the executive and advisory board.