Page:Federal Reporter, 1st Series, Volume 10.djvu/589

THE SANDBINGHAM. '677 �The Bomorsund, Lush. 77. I do not think the risk to the persons of the salvors of the Sandringham and cargo, experienced seamen as they were, was great enough to materially enhance the award in this case. �4. The value of the property of the libellant which was employed in this enterprise is not shown with accuracy anywhere in the evidence in the case. The steamers, schooners, barges, boats, and some of the material that were employed are mentioned in the depositions ; and there is scattered evidence indicating their approximate value. I judge from all that appears on the subject that the property sent to the rescue of this ship by the libellant must have been worth, cer- tainly must have cost, at least $50,000. This property, from the nature of the business in which it was used, was not insurable, and was neeessarily put at hazard on a dangerous coast, in the stormy month of November, in a wrecking enterprise conducted among reefs and breakers close to the land. These ciroumstances must in justice be brought into consideration in estimating the salvage to be awarded in this case. �5. Of the skill shown in this enterprise, occurring where it did and when it did, and occupying a full week, the highest proof is its com- plete Buccess. Indeed, the fact that these wreckers accomplished their work so very thoroughly and suceessfully as they did, is used by the respondent as an argument that it could not have been labori- ous, diiScult, or hazardous. But I think the evidence in the cause forbids such an inferenee. It shows that the task performed by these wreckers was exceptionally arduous, faithful, and meritorious; and, in such a case, the court is forbidden by one of the fundam entai maxims of the law of salvage to treat the complete suecess of the enterprise in any other light than as entitling to an enhancement of reward. To treat the fact of suecess as depreciating the merit of such an enterprise, would be to eut up by the roots the whole theory and policy of the law of salvage. Suecess is, indeed, not always the test of merit; but yet nothing could be more subversive of all good policy in human affairs than the opposite doctrine, that it is a proof of demerit. Of course, the idea cannot be tolerated in the present case. �6. The time and labor occupied in this enterprise were extraordi- nary, and such as are shown by but few admiralty cases. There were half a dozen or more considerable vessels, several surf and other boats, and nearly 100 men engaged every day for a week; and the work was done in rough weather, at a tempestuous season of the year, �v.lO.no.o— 37 ��� �