TRANSFER NO. L. FLOAT NO. 23. DAVIS V. TRANSFER NO. 1 AND FLOAT NO. 23. (District Court, S. D. New York. January 5, 1893.) SALVAGE-BREAKING SHAFT IN HELL GATE-PROBABILITY OF Damage. Where a tugboat broke her shaft in Hell Gate, and, signaling for assistance, was taken into quiet water by libelant's steamboat, the service lasting about 20 minutes, it was held that in the strong tide of Hell Gate the liability of the tug to go ashore, if unaided, was a certain danger, and that the service rendered was therefore a salvage service, for which $1,800, upon a value of $46,000, should be awarded. In Admiralty. Libel by Charles W. Davis against the steam tug Transfer No. 1 and Float No. 23 to recover salvage for assistance rendered to them by the Mary E. Gordon. Decree for libelant George A. Black, for libelant. Page & Taft, for claimants. BROWN, District Judge. In the afternoon of April 2, 1892, as the steam tug Transfer No. 1 was going through Hell Gate against the ebb tide, with a loaded car float lashed to her port side, she became disabled by the breaking of her shaft, when a little above the Astoria ferry, while going near the shore in the eddy, which there sets up towards Hallett's point. She signaled for assistance, and the libelant's small freight and passenger steamer Mary E. Gordon, which was a short distance below, and on one of her trips from New York to Mamaroneck, came up at once in response to the signals and threw lines to the tug and the float, and in about 20 minutes guided them into the still water below Flood rock between the two ebb currents, where the tug and float were taken in charge by a sister transfer of the claimants' line. Though the service was short, it was, I think, of considerable importance. Had there been no danger either of stranding on Flood rock, or on Blackwell's island, or of collision with other approaching vessels, there was little reason for the signals given by the tug for a service which, as must have been known, would be of a salvage character. Further accident and loss were not indeed certain; but as the result could not be foreseen under the peculiar circumstances of that dangerous vicinity, the liability and danger of loss were certain. I am persuaded that in the eddy testified to by the claimants, as well as by the libelant's witnesses, the tug and float must have reached very near, if not quite, to the upper end of the eddy very near Hallett's point, before they were worked out into the stream; and that they could not otherwise, considering the comparatively weak power of the Gordon for towing purposes, and the strong ebb tide, have reached the point they did reach between the currents below Flood rock. The value of the tug, float, and contents was about $46,000; but the loss which might be reasonably anticipated from stranding would not in any probability involve nearly so much. The value of the Mary E. Gordon and her cargo was from $16,000 to $19,000. Her service made her late for the tide at Mamaroneck, and delayed her about eight or nine hours in reaching her dock; and the deviation increased her responsibilities by affecting her insurance. The service, however, was not one involving any great danger to herself, though she suffered some damage to her house. Taking all the circumstances into account, I think that $1,800 will be a suitable award. A decree may be entered accordingly, with costs. THE SIRIUS. CEDROS ISLAND MIN. & MILL. CO. (LOWE et al., Interveners) y. THE (District Court, N. D. California. January 3, 1893.) 1. SALVAGE-CONTRACT FOR Towage-DURESS-AMOUNT OF COMPENSATION. The award of $20,000 under the contract was distributed among the salvors by the court as follows: $13,250 to the charterers of the Tillamook, which was the principal factor in performing the salvage services, and assumed the risk of failure and disaster; $2,500 to the master of the Tillamook, who promptly procured additional stores for the Sirius, offered to go to San Diego at once for assistance, and undertook the towage serv ice against the protest of two of his passengers; and $4,250 to the other officers and crew of the vessel, according to their relations to the service performed, their extra work, and their regular wages. In Admiralty. Libel by the Cedros Island Mining & Milling Company against the British steamer Sirius, her freight and cargo, upon a contract for salvage. Decree for libelant. George Fuller and Walter G. Holmes, for libelant. H. W. Hutton, for interveners. Andros & Frank and Page & Eells, for claimants of the cargo. MORROW, District Judge. This is an action upon a contract for a salvage service, rendered to the British steamer Sirius by the American steam schooner Tillamook. On the 20th day of February, 1892, the steamer Sirius, then on a voyage from Central American ports to San Francisco, and while off the coast of lower California, lost her propeller and part of the shaft at a point about 45 miles northward of Cerros island (sometimes called "Cedros" island.) The vessel was steaming northward at the time of the accident. The weather was pleasant, with the wind light from the northwest. The vessel was placed under such sail as she had, and, after drifting about for three days, she was anchored in South bay, at the south end of Cerros island, having returned south on her course about 75 miles. Cerros island is 25 miles in length, extending along the coast of Lower California, and is under the jurisdiction of Mexico. It is about 60 miles due west from the mainland, but a point of the mainland makes up from the south to within 12 miles of the south end of the island. To the west of Cerros island, and at a distance of about 15 miles, are the small islands of San Benito. Vessels making voyages up or down the coast may pass inside, between Cerros island and the mainland, or between Cerros island and the San Benito islands, or entirely outside and west of the latter islands. When the steamer Sirius came to anchor at South bay, the steam schooner Tillamook, under charter to the libelant, was lying at anchor near a mining camp at the northeasterly end of Cerros island about 30 miles by sea from South bay. The Tillamook was a freight vessel, but at this time she appears to have been carrying passengers from San Diego to the mining camp on the island, and return by way of Ensenada, in Lower California. Ensenada is the port of entry for Cerros island, and vessels making voyages from the latter place to San Diego are required to clear from Ensenada. The Tillamook usually made the voyage from the mining camp to Ensenada, a distance of 237 miles, in 30 hours, and from Ensenada to San Diego, a distance of 60 miles, in 8 hours. The next morning after the Sirius came to anchor in South bay, the master sent the purser, Mr. Brewster, in a small boat up to the mining camp, expecting to find a steamer there by which information could be sent to San Diego concerning the condition of the Sirius and her need of assistance. The purser of the Sirius reached the Tillamook about 4 o'clock on the afternoon of February 24th, boarded her, and reported to her master, Capt. Hamm, that the Sirius was at South bay in distress, with her shaft broken, propeller lost, short of stores, and in need of assistance. Capt. Hamm and the purser proceeded ashore, and procured suitable stores, which they placed in the boat, intending to send the The stores boat with the stores back to South bay in the morning. consisted of two barrels of beef, 3 1-4 bags of flour, 2 bags of potatoes, and 1-2 box of tobacco, and were intended to last the Sirius for 10 days. It appears that there were passengers at the mining camp whom Capt. Hamm desired to consult before he could determine what he could do in the way of rendering assistance to the Sirius. He appears to have seen two of them, who protested against the use of the Tillamook in rendering such assistance, as it would delay their return to San Diego. The next morning, February 25th, Capt. Hamm concluded that it would be too hard a pull for the men to return in the small boat, and accordingly he took them, with their boats and stores, on board the Tillamook, and steamed down to South bay, where they arrived about noon. Capt. Hamm went at once on board the Sirius, and was introduced by the purser to Capt. Gregory, the master. A conversation followed between the two masters concerning the towage of the Sirius by the Tillamook to San Diego. The negotiations inally terminated in the following written agreement: "S. S. Sirius, February 25th, 1892. "It is hereby agreed between Captain H. S. Hamm, captain and master of S. S. Tillamook, and Captain H. M. Gregory, captain and master of Br. S. S. Sirius, that the master of the steamship Tillamook will tow the S. S. Sirius to a safe anchorage in the harbor of San Diego for the sum of twenty thousand dollars U. S. gold coin, to be paid in San Francisco by said master of S. S. Sirius on account of owners. "Witness: "Benj. Harrison. "D. G. Brewster. "H. S. Hamm, Master of S. S. Tillamook. "H. M. Gregory, Master of S. S. Sirius. “All coal and necessary help to be furnished by the S. S. Sirius." This agreement was executed in triplicate; the captain of the Tillamook taking two copies,-one for the owners of the vessel, and one for the charterer. The other copy was taken by the master of the Sirius. The Tillamook thereupon furnished a hawser to the Sirius, and, taking that vessel in tow, at about 2 o'clock in the afternoon, steamed up to the anchorage near the mining camp at the north of the island, where the Sirius was anchored, at about 7 o'clock and 20 minutes in the evening, and the two vessels remained over night, the Tillamook going alongside of the Sirius, and taking 17 tons of coal from the latter as a precautionary measure in case of bad weather, and then standing by with steam up the remainder of the night. The next morning, February 26th, the Tillamook took on board 18 passengers, and, again taking the Sirius in tow, proceeded to San Diego, where the vessels arrived, and the Sirius was safely anchored, on the morning of March 1st. The voyage from the anchorage near the mining camp on Cerros island to San Diego had occupied about 93 hours or a few hours less than 4 days. The Tillamook having performed her part of the contract, the libelant, at San Francisco, demanded of the master and agents of the owner of the Sirius the sum agreed upon to be paid for the service rendered, and payment was refused. The Sirius is an iron steamer, 852 tons register, 258 feet in length, 26 feet beam, with 2 masts, a foresail, fore-topsail, and fore and mainstay sails, but no mainsail. The vessel was valued at $30,000, her cargo at $112,000, and her freight money amounted to $1,539; total value of salved property, $143,539. The Tillamook is a wooden steam schooner, 209 tons register, 126 feet in length, 32 feet beam. Her value was $32,000. The foregoing statement constitutes the principal facts in the case, about which there is no controversy. The agent of the owner, in his answer to the libel, denies his obligation upon the contract, and alleges that the facts connected with the service of the Tillamook were as follows: "On the 25th day of February, 1892, the steamer Sirius, with a broken shaft, her propeller lost, and thereby disabled, was lying safely at anchor at Cedros island. With the winds then prevailing she could have lain there safely for all time to come. She had on board a valuable cargo. A change of wind to the southward might have placed the ship and her cargo in a precarious and dangerous position, either driving her ashore, or forcing her to put to sea, to drift before the wind. It would have taken considerable time to procure assistance from San Diego, which was the nearest port at which a tug could be found. Under these circumstances the master of the Tillamook demanded and insisted that the master of the Sirius should contract to pay him the sum of $20,000 for towing the Sirius to San Diego, and absolutely refused to tow the Sirius unless such contract was made. The said master of the Sirius remonstrated against said demand as exorbitant and unjust, but the master of the Tillamook refused to undertake the service for a less sum, and threatened to leave said steamship Sirius where she lay unless his said demand was acceded to; and therefore the master of the Sirius, realizing that said steamer, by reason of the loss of the propeller, and of the fact that she had only limited sailing powers, her distance from other assistance, and by reason of the fact that she was lying on a roadstead open to the southward, was in a position which with a change of wind might be dangerous, and that, by remaining in said position until other assistance could be procured, the lives and property on board might possibly be endangered or lost, solely for the purpose of avoiding any further risk, and because of the compulsion placed on him, agreed in form with the master of the Tillamook to pay the demand aforesaid; but this claimant avers that said agreement was forced upon said master of the Sirlus as aforesaid, and that it was not voluntarily made, but was made under duress, and that the same was and is void." The amount specified in the contract for the service rendered by the Tillamook appears large, as viewed now, in the light of the favor able circumstances under which the service was performed, but this fact alone is not sufficient to set aside the contract as void. In The Helen and George, Swab. 368, Dr. Lushington stated the rule respecting contracts for salvage service as follows: "The principle on which the court acts is that, if satisfied that an agreement has been made, it will carry it into effect unless totally contrary to justice and the equity of the case; but the owner of the ship against whom the agree ment is attempted to be enforced may show that it was improperly obtained. The owner may contend that, under the circumstances, the sum of money was grossly exorbitant, and a fortiori, if he can show that the agreement was obtained by fraud or compulsion, no court would hold it to be binding; but, when the execution of such an instrument is once proved, it is prima facie binding, and the burden of proof falls on those who dispute the validity of the instru ment." This case was recently cited and followed as authority by the cir cuit court of appeals for the fifth circuit, in the case of The Agnes L Grace, 51 Fed. Rep. 958, 2 C. C. A. 581. It was also cited by the su preme court in the case of The Tornado, 109 U. S. 110--117, 3 Sup. Ct. Rep. 78, where it was said that "every agreement for salvage |