THE CHARLES WETHORlIl. UPToN
THE CHARLES WETMOUet al., WOOD, Intervener.
(IJiBtrict Court, D. Oregoo. July 9, 1892.)
The" whliLleback" steamer W., valued. with her cargo, at 1409,219, lost her rudder plates, and was drifting shoreward in a storm near Tillamook rock, about 30 miles south of the mouth of the Columbia river. The steamer Zambesi, worth $220,000, bound frolll Victoria, B. C., to Portland, Or., having been driven south of the Columbia, discovered the Wetmore flying signals of distress. With some difficulty a hawser was made fast, and the Wetmore was towed near the mouth of the Colum· bia, but, no pilot being available, tbe vessels were held oft the bar until next morn· ing. The Zambesi then steamed for the river, but when three and a half miles oft McKenzie's head the hawser parted. It was recovered, and again made fast during a period of increasing danger. A pilot was procured, and the bar was crossed in safety. The Wetmore, being very neavy, yawed from side to side, rendering it necessary to cross the bar very slowly, and, as the tide was flooding, the heaving seas traveled faster than the Zambesi, thus beating upon and sweeping over her, straining her decks, breaking in her house, and otherwise injuring and imperiling her. Held, that $20,000 should be allowed for salvage, and distributed, 17,000 to the Zambeei, $5,000 to her master, $5,000 to her crew, $2,000 to the pilot, and $1.00000 the mate.
In Admiralty. Libel by Frank Upton against the steamer Charles Wetmore and cargo for salvage, the American Steel Barge Company being claimant of the vessel, and the Pacific Steel Barge Company claimant of the cargo. George W. Wood intervened, claiming compensation for services as pilot. Decree for libelants and intervener. Mr. Alfred F. Sears and Mr. Paul R. Deady, for libelant. Mr. Zera Snow, for intervener. Mr. a. E. S. Wood and Mr. Couch Flanders, for claimants. DEADY, District Judge. This suit was commenced by Frank Upton, libelant, against the steamer Wetmore, her tackle, apparel, and cargo, on December 10, 1891, to obtain compensation for a salvage service rendered them by the libelants. On December 11th the vessel was arrested and delivered to the claimants on the 16th, on the stipulation of William S. Ladd and R. Wile liams in the sum of $200,000. On January 4, 1892, George W. Wood, the pilot on the Zambt'Mi when she crossed the bar of the Columbia with the Wetmore in t<m l filed a libel of intervention, asking for compensation for his servicerL the Wetmore in conducting her across the bar as a salvor. After a careful examination of the evidence I find the material fact-'J of the case to be as follows: 1. On the morning of Tuesday, December 8, 1891, the Charlus W. Wetmore. an iron, screw steamer of the type called "whaleback," being of 10,750 tons register, In feet draft when loaded, and valued, with her cargo, at $409,219.09, while on a voyage from Philadelphia to Puget sound, was lying 4 or 5 miles from the shore in the Pacific ocean, a v.51F.no.7-29
short distance south of Tillamook rock, and about 30 miles south of the of her,rudder plates. mouth of the Columbia 2. A strong sea was running to the northwest, the result of a violent 71lih ,of tqemonth." wasinr good blow condition, and an attempt had been made on the morning of the 8th to rig a drag as a and chains, but it proved of no use, and she was unable to steer, and was drifting slowly ,the shore in OI1;seven fathoms of water., ,') , steamer of 1,654 tons"reglSter" valued,at8220,OOO,IUld ,hghtly.lQAded, was on a, .voyage or., andtp thEibad weather had run below"tnl!l,mouth ofthe:CQlumbia to then&igliborQQop " H. V.," whloo,mean.s"acoordmg,to the" InternatlonllLCQde"of Signals," "Dam, " ,,' ,," ',: ,',' , Zaxnbesi signaled the Wetfuore, and asked her if to'ivbich "'Yes,"and signaled fora Mat. The se8l.waB,very' rougn,and the,master of the did not care to risk':al:)oat;but ''lVith'the' 'aid (if li'febuoys' sent out a small line',and steamed around the ship, in hopes they would be able to get it on board, it,th.ey, could not hold it. After, some slientin,this wav, the Zarnbesi signiiled to theWetmor'e't?, send a::hoa:toft',\Vhen, tlle:Waster ofthe in' response to latter lying to and making a lee for ',attltchedito his hawser,which was then: taken on board and, Ina.d'e .· 5. Tl) Zain'Wesi the coast; to the mouth of the Columbia, reached about dark, where; not findillg Ii pilot, and not carifitrto' dross'lib. 0\1' sucb neavy sea without a pilot, with the Wetuwe in, tow I the master of the Zambesi signaled to the Wetmore thaf'heWou.ld not 'go Inl itUd>diFel'eii:him another hawser, which hed.eelined.' 'Tha·Zam:"b'esi theo,with:th'eWetfilore in tow, dogged off the b'ar ateasy'slJeed withinsigllt of the Cape Disappointment light, until daylight, when he stood southward for the bar; :butabout 8 o'clock in thettH>rntng, three and a half miles 'off McKenzie's head, the hawser parted in the chocks of the Wetmore. , 6. The 'master of the his mate in a boat to the Zambesi for het hawser./JThe mastet'M the latter offered his hawser, but the mate repliedhe:was ordered to get 'his own· hawser.,Thepeople on the Zambesi then d'te'w inthe:hawser;and, making fast a line; passed it to th6peoplein the' boat, whooorried it ito the Wetnl01'e, and made it fast. 7. Considerable time was lost in this operation, while the vessels,by force of the hea:vy selt whicn:was"setting to the northwestj were drifting oowa'J.'ds otheshore. ,Bef()letM was made fast to the Wetmore, of theZlimbesi sung:orlt;" If you don't n'lake that hawBerfast the quickly I must leave you, and :seek safety;" to which the master of the Wetmore replied: "Fot God's sake, hold on to me;'don'tlet.me go." The
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Zambesi held on a few ,minutes longer, the hawser was made fast, and the Zambesi proceeded with· the Wetmore in tow in the direction of tlJe mouth of the river, where they took on a p-ilot, George W. Wood, and came over the bar and up to Astoria by nightfall. 8. Before starting over the bar the master of the Wetmore was called on board the Zambeai,where between him, ;the pilot, and the master of the Zambesi, some signals to be used in crossing the bar were agreed upon. The master of the Wetmore took with him, when he lelt the Zambesi, a small hawser, to aid in the tow of the vessel, which parted . " ! when they we,re, over the bar on safe anchorage. 9. Owing to the weight of the Wetmore, and the fact that she could not be'stellred, but yawed from side to side, it was absolutely neceseiary for the Zambesi to slowly. The tide was flooding, and the heavy seas, traVElled faster than, the vessel, so that they beat upon her; and swept over her all the way across the bar, thereby straining her decks, breaking in her house, aJ;ld otherwise injuring her and imperiling her safety. 10. In rendering this service to the Wetmore, the Zambesi .aid not incur any ,serious ,risk to the vessel or crew, except in crossing the bar, while the Wetmore was rescued from a position of great danger the Zambe,si took hold of her near Tillamook rock, and preserved from a like danger until she was brought to Astoria. 11. On the argument counsel for the libelant claimed that the compensation should not be less than $50,000, while counsel for the claimants insisted that no greater sum should be allowed than $10,000. After mature consideration I have concluded to fix the sum at $20,000,---'8. little: less thanS per centum of the value of the Wetmore and cargo,-and this amount to be apportioned as follows: $5,000 to be divided equally among the crew, $5,000 to the master, $1,000 to the mate, $2,000'00 the pilot; and $7,000 to the Zambesi. There will be a decree entered that the stipulators, Ladda and Williams, pay this sUlll into the clerk's office for the use of thtl parties named within 10 da.ys from this date, or, in default thereof, that execution issue,against them therelor.
.REPORTER , vol. 51.
THE HERCULES. THE BRANDON. THE HERCULES
,(DiBtrictCourt. D. South CaroZina. July 29,1892.)
The tug H., having left·ashlp about the middle of Cooper river, off the wharf front, of Charleston, S.C., was proceeding down stream in a curve towards her berth, with her wheel harcl aport. While on this course, and about a. quarter of a mile from and beading towards the wharf front, the tug ·B. was also proceeding downward, and muehnearer to the piers, bound for her berth. below that. of the H. The B. blew 9ne blast'1Vhioh was answered by one from the H., and the B. then ported. Soon after the H; gave two blasts, not to indicate that she would direct her course to port, according totbe rules of but to induce the B. ·to under her, stern. The B. ,answered with one'blast, ana each tug kept its course. Collision impending, both stopped and reversed, but the B. struck the H., causing injury to both. HeW, that the H., having the .1:1. on her starboard side, was bound to keep out of the vvay; that. she was in fault in giving the two blasts, and keeping her course;'and that the B. was'also in fault for notsta.rboa.rding, as she might have done; when she saw that the H. was crossing her bow; for under rule 23 a has no ,rigjlt to run int,ocol1ision for the enforcement of ber right of way.
In Admiralty. Cross libels for collision. Decree for divided damages. Bryan &: Bryan, for libelanL MitcheU &: Smith and W. H. Park,er, for respondent. SIMONTON, District J udge. i:;l a libel and· cross .libel for collision in Cooper riv;er, ,on the wharf front of the city of Cha-deston. It is well to explain the topography of that portion of this wharf front where the collision occurred. COIl;1ing down the rjver to the southward, and passing a heads, with docks adjacent, we reach Atlantic 1Vharves, with, pier heads and llpcks between., . ,:aelow Atlantic wharf, aqd next to that one of tllem known as "S'Quth Atlantic Wharf," is Boyce's wharf, with two pier heads and intervening docks. Then come Adgers' North wharf and dock, and Adgers' South wharf. Below this last are Commercial wharves. Between each pier head is a dock hold two seagoing vessels of size, abreast of each other. wide enough The distance between South Atlantic dock and Adgers' South wharf is nearly 300 yards. Cooper river, at the place opposite these docks, is about a mile wide,-a little more, perhaps. On the morning of the 29th October, 1891, a little before 7 o'clock, the steam tug Hercules left a steamship lying in midstream, opposite Atlantic wharves, started down the river, and proceeded to her own berth, at South Atlantic wharf. Her purpose, on reaching the dock, was to back into her berth. Her course, after leaving the steamship, was on a curve. Her wheel was put hard aport, and she was gc>' ing, her master says, at half speed , say 5! miles an hour. When she was on this curve, about half way from the steamship, probably a quarter of a