Page:Federal Reporter, 1st Series, Volume 1.djvu/267

DALSTROM V. BCHOONER "e. M. DAVIDSON." 259 ���DANiETi Dalstrom and others v. The Outfit op the Sohoone» "E. M, Davidson." �[District Court, M. D. Wïsoonsin. January tenn, 1880.) �VVages — Salvagb — CoNFLiOTiNa Claimb. — Under the circumstances ot thia case it was Tield that the wages earned by seamen after their vessel had been wrecked, but before she waa flnally abandoned, did not con- stitute antecedent wages in a sense which would postpone them to the claims of the salvors, and that the proceeds derived from the sale of the outflt of the vessel must flrst be applied to the payment of the demanda of such seamen. �In admiralty. �The facts of this case, as shown by the pleadings, were these : On the fifteenth day of October, 1879, the schooner Davidson left Chicago on a voyage to northern ports on Lake Michigan. Libellants shipped on board as seamen. On the next day the vessel was stranded on Pilot Island Eeef. On request for assis- tance from the master, Wolf & Davidson, of Milwaukee, dis- patched the tug Leviathan, with steam-pump and other appa- ratus, to the relief of the vessel. Efforts were made to get the vessel off, and were continued until November 26th, but they were unsuccessful. From the time the vessel was stranded until exertionB to relieve her were abandoned libellants continued on board. On the twenty-fifth day of November, the master of the tug being convinced that the vessel could not be re- lieved, deemed it advisable to save her outfit, eonsisting of beats, tackle, rigging, apparel and fumiture, and ceased his efforts in behalf of the vessel. Thereupon the master and crew of the tug, with the assistance of the crew of the vessel, removed the vessel's outfit to the tug, and brought it,together with the master and crew of the vessel, to the port of Milwau- kee. Libellants were then discharged, but were not paid their wages, and thereupon libelled the outfit. Decree was ren- dered in their favor, the outfit sold, and the proceeds were paid into the registry of the court. Thereupon the owners of the tug intervened, by petition as salvors, insisting that their claim for salvage service was privileged to that of the sea- men, and asked for payment as having the prior right to the ��� �