showed that the master had, as carrier, under a charter party with a charterer who claimed a right to take the guano, received it on board at the island. without any knowledge of libelant's claim, and had delivered it to the consignees in Philadelphia, in accordance with his charter-party, without notice or information of any other claimant or ownership, that there was nothing proved upon which a right of action against the schooner could be based. (Syllabus by the Court.)

In Admiralty.

Libel for carrying away guano.

B. P. Moore, for libelant.

R. H. Smith, for respondent.

MORRIS, J. This is a libel against the schooner B. F. Hart, alleging that the master of the schooner, in February, 1885, put into the island of Arenas Cay, in the Gulf of Mexico, and there loaded from the island, and took away, a cargo of guano, and carried it to Philadelphia, and sold it to J. J. Allen's Sons, thereby willfully, fraudulently, and unlawfully depriving the libelant of the value of the guano, amounting to $7,500. The proof on behalf of the libelant tends to show that the republic of Mexico claimed possession, jurisdiction, and control of Arenas Cay, which is a small, uninhabited coral island, about 60 miles from the main-land of Yucatan, and had conceded to the libelant the right to take the guano deposits from it for a period of five years, upon payment of certain royalties, and compliance with certain customs regulations. It was, as libelant avers, while this concession was in force, and after he had made considerable expenditures on the island to facilitate the shipment of the guano, that the master of the schooner B. F. Hart went there and carried away the cargo in question. The testimony on behalf of the claimants of the schooner shows that the schooner being at Pensacola, Fla., on the 12th of February, 1885, her master, through a shipbroker at that place, chartered his vessel to the National Fertilizer Company of Philadelphia, through its agent, William M. Frost, for a voyage from Arenas Cay to a port north of Hatteras, not east of New York, as ordered at Hampton roads. The charter-party was prepared upon the usual printed form, and signed by the parties, and stipulated that the charterers guarantied safe anchorage at Arenas Cay, and that they would furnish the vessel a full cargo of guano in bulk, paying for the use of the vessel on proper delivery of cargo at port of discharge four dollars per ton of 2,240 pounds; 20 working days for loading, and dispatch for discharge, and $30 a day demurrage. It was also stipulated that the vessel should take down from Pensacola 13 men, some tools, provisions, and lumber, and two boats, and on homeward voyage land the men off Pensacola at charterers' expense; the charterers furnishing provisions, wood, and water for the men on both passages. The charterers also agreed to advance $300 at Pensacola against freight. This charter-party having been executed, the master testifies that the schooner cleared from Pensacola for Arenas Cay, taking the charterers' agent, Scott, and about a dozen laborers employed by him, and, arriving at the island, received on board a cargo of guano, which he supposed belonged to the charterers; that he had no information at all except what he derived from Scott,

and had no information or knowledge that it belonged to any one else; that there was no one living on the island, and that he saw no one there except those whom Scott took there; and that he never had any notice or information that the libelant claimed any interest in the guano, and never heard of him at all until the libel was filed, in October, 1885; that on the return voyage the schooner sprung a leak, and put into Pensacola in distress, where the cargo was discharged, the vessel repaired, and after a delay of over two months the cargo was taken on board again, and carried to Philadelphia. There, upon the vessel's arrival, the cargo, by charterers' order, was delivered to J. J. Allen's Sons. That none of the owners of the schooner had any interest in the cargo except the freight. On the part of the libelants there is no testimony which controverts these statements of the master, and no evidence whatever to affect the owners of the schooner, or any of them, with any knowledge that the schooner was not engaged in a perfectly honest employment for the sole purpose of earning freight, or to show that they had any interest in the cargo itself. It is apparent, therefore, that this is not a case in which the master, in the course of his employment, has actually or constructively converted to the use of the vessel or its owners the property of others. All that the master obtained was the freight earned under the charter-party, which was the usual freight for such a voyage. There is no evidence to show that the master had any reason to suppose that his charterers had not a right to take the guano. He received and delivered it openly, and without notice of any claim asserted by the libelants. Having received the cargo innocently, and having delivered it according to his contract of carriage, without notice that the libelant claimed to be the true owner of it, I cannot see how any right of action has arisen upon which a recovery against the schooner can be based. Hutch. Carr. § 408; Wood's Browne, Carr. § 276. The libel must be dismissed, with costs.

BAKER et al. v. CARGO AND MATERIALS OF THE SLObodna.

(District Court, S. D. Florida. May 3, 1887.)

SALVAGE-COMPENSATION..

The ship Slobodna, laden with 4,500 bales of cotton, went ashore on the Florida coast. After a few hours the assistance of libelants, all licensed wreckers, was accepted, but after 24 hours' effort to get her off, the anchor dragged, the vessel swung further aground, and soon filled. The vessel was lost, but the cargo nearly all saved; 335 men and 41 vessels were engaged 28 days, besides 9 vessels and 69 men, who assisted in saving 861 bales. Most of the cotton was taken from 6 to 18 feet of water, by naked divers without appliances, with more than ordinary labor. Held, it appearing that the salvors did their duty in attempting to save the property, that they are entitled to 25 per cent. on cotton saved dry, valued at $46 per bale; 33 per cent. on that partly wet, and valued at $38; 40 per cent. on that saved from less than 6 feet of water; and 50 per cent. on that saved from more than 6 feet of water; and on materials and stores, valued at $2,751, 45 per cent.

In Admiralty. Libel for salvage.

L. W. Bethel and W. C. Malonex, for libelants and petitioners.
G. B. Patterson, for claimants.

LOCKE, J. This vessel, laden with 4,500 bales of cotton, from New Orleans, bound to Reval, went ashore on a projecting point of rock between French and Pickles reefs, on the Florida coast, about 100 miles from Key West, at about 9 o'clock on the morning of the 16th of March, 1887, where she was soon boarded by the principal libelant in this case, who offered his assistance. The vessel lay upon the extreme outer point of the reef, in an open and exposed position, on hard rock bottom. She was under considerable sail, with a fresh wind, when she struck, and went ashore so as to be lifted, at high water, fully two feet from her ordinary draft. For a time the master thought he would be able to get his vessel afloat, so declined to accept aid; but at length, at about 4 o'clock that afternoon, finding his efforts ineffectual, he accepted the assistance of the libelants, all professional, licensed wreckers, with several of their vessels. They carried out a 4,000-pound anchor, with 30 fathoms of chain and 85 fathoms of 8-inch hawser, and let it go in deep water, and, as the tide rose, heaved heavy strains with all the power they were able with a fourfold purchase led to the capstan. A part of the libelants manned the pumps, as there was found to be six feet of water in the hold, and finally reduced it to four feet. They hove with what force they could until two hours past high water that night, but were unable to move the vessel. A portion of the libelaifts then went to breaking out and moving cotton aft; others constantly pumping in order to keep the water down. The next morning a schooner was hauled along-side to take cotton, but by the time she had received 29 bales the wind increased and the weather became so bad that she was compelled to drop off, and all the vessels, with one exception, had to leave their anchorage outside the reef and go inside to seek a harbor, leaving 60 of the libelants on board. These continued pumping, breaking out, and moving cargo aft, and heaving at the anchor as the tide rose. At 4 o'clock that afternoon-the 17th-the weather became worse; the wind shifted to the southward,— a dangerous point, and a violent squall struck the ship with such force as to lift her off the bottom, so that the libelants succeeded in moving her astern, nearly, if not quite, half her length, but unfortunately the anchor at that time dragged; the ship, partly relieved from the bottom, swung broadside upon the reef, and thumped and pounded, heavily, increasing the leak so rapidly that within 40 minutes the water gained, notwithstanding constant pumping, from 4 feet to 15, the depth she was in, where it continued. After pumping a long time the libelants concluded that the vessel had bilged, and proceeded to save cargo.

The salvors already represented by libel or petition have saved 4,310 bales, and an amount of loose cotton estimated at about 142 bales, and others are still at work saving what yet may be got from the wreck. It is true, the vessel has been lost, but the cargo has or will be almost entirely saved, though in a damaged condition.

There were 335 men and 41 vessels, two of which were steamers, engaged in the general consort, and who worked all the time the weather would possibly permit, for a month, lacking 2 days. Part of the time it was impossible to work on board or lie along-side. Nine vessels and 69 men have also worked more or less on their own account, and saved 861 bales outside of the general consort. The work has been laborious in the extreme; the bales of cotton were pressed into the ship with much force at first, and, being wet, had become greatly swollen, They were very heavy, many of them weighing over a half ton as they came out of the water. During the latter part of the service the bottom of the vessel was so crushed up that it held the bales under the beams, so that it was almost impossible to break them out. Many of them were broken, or necessarily pulled apart, until the water was filled with a pulpy mass of loose cotton, broken ties, and dunnage that made it very difficult, and, to a certain extent, dangerous, to dive through it. The vessel so worked herself down into or among the rocks that there was 17 or 18 feet of water through which the lower tiers of cotton were dived up. The salvors had no appliances for diving or saving labor, but it all had to be dived for by naked divers, and hoisted by hand. The bales had become so saturated and heavy that they would not float, but each had to be broken out and slung under water. About 1,700 bales have been dived up from more than 6, and from that to 18, feet of water, and about 150 of loose saved in the same way.

The great question in this case that must influence the amount of salvage is, Did the salvors do their whole duty in their attempts to save the property? First, was there any dereliction of duty in not preventing the vessel from swinging again harder aground when partly relieved from the bottom? And, secondly, could they have pumped out and saved her, after she had been partly lightened of her cargo? Salvors are held to a strict accountability for everything which is omitted to be done by them for the saving of property by every means within their power; and if from lack of energy, judgment, or skill they fail in one particular, the amount of salvage awarded, if any, will be reduced accordingly. It is not only honesty of purpose, but skill, energy, and good judgment in using every appliance which they can possibly command that is demanded. But courts cannot require impossibilities of them and must only consider the means under their control. In this case, was it within their power to have foreseen and prevented by any degree of care or diligence the dragging of the anchor? In the case of The St. James, (records of this court, 1872,) the vessel was permitted to swing back onto the reef by the breaking of the hawser, when the salvors had shown a most deplorable lack of skill or judgment in using a small line to lengthen out a large hawser, when it was within their power to have used a larger one, or increased the strength of that used by several doublings; and the entire salvage was forfeited. But in this case the depth of water was properly selected, the largest anchor carried out in the best direction with the strongest hawser that could be obtained; the weight of the anchor was such that no reasonable man would have considered it necessary to back

it with another, but would have presumed it to hold, in bottom such as it was known to be, as much or more than the hawser. It seems that · at the time of the service any one would have conceded that everything within the power of the salvors had been done to float the ship; and but for the change and increase of the wind, the suddenness of the violent squall and sea, and the accidental breaking out or dragging of the anchor through the rock where it first held, it would have been successful. The suddenness and severity of the wind and squall prevented anything being done after the anchor had started until it was too late, and the vessel was evidently bilged and leaking so badly that no power of the libelants could control the amount of water in her. I am not satisfied that anything more could have been done to float the vessel than was before she was started from the bottom, or to prevent her going further ashore again, as she did.

After partly discharging her, the question was very properly suggested, both by the wreckers and by a board of survey, whether she could not then be floated and brought to port; but in order to have done that it would have been necessary to control the water coming into her, or undoubtedly she would have sunk in deep water. Had the libelants had at their command a powerful steam-pump, or had it been within their power to procure one, and they had not done so, and endeavored to float her, I should certainly consider them lacking in energy and enterprise requisite for such an occasion; but they had none. The master wrecker came to Key West and endeavored to procure one, but was unable, and upon his return found it too late, as the weather had been so bad that the vessel was undoubtedly so broken as to be beyond recover They have therefore, I consider, done all they could do in saving the cargo, materials, and stores, and bringing them to a place of safety. What amount ought they to receive for this service? It is unquestionably a salvage service. The property was in jeopardy, in imminent peril of certain loss. It was only by such means as were used that it could be saved. It was an almost uninhabited coast, a hundred miles from any assistance, and several hundred from any except what did offer itself. It was on a dangerous reef, the approach to which is at all times more or less perilous to vessels. The weather was bad part of the time, and all the salvors' vessels were more or less exposed to dangers entirely different from those of ordinary navigation. The actual labor was arduous and long continued, although perhaps the number of men employed for the time occupied may not be a true measure of the actual labor performed, as a good deal of the time was taken up by the smaller vessels bringing cotton to Key West, discharging it and returning; and there was some of the time when it was impossible to work at the ship, as the sea was sweeping entirely over her, and all of those engaged in the service were compelled to lie at anchor inside of the reef. But their time was occupied either in working or waiting, and I consider the circumstances justified the employment of the large number, nor am I prepared to say that it could have been done with a smaller number, or in a shorter time.

It is true, the amounts to be awarded rest in the discretion of the judge