Page:Federal Reporter, 1st Series, Volume 10.djvu/591

THE SANDKINGHAM. 579 �7. In the case of the Isaac Allerton, Marvin, Wrecks & Salvage, 122, (note,) the court in awarding half of $96,000 for salvage, said: �" It is a settled rule of decision in tlils court, from v, hich it rarely or never departs, that the amount of salvage in a case where the vessel is lost shall be less, though the proportion may be greater, than in a case where the vessel is saved, eœteris paribas ; and, in proportion somewhat to the promptness and skill with which a vessel is rescued from peril, is the reward to be inereased. The reasons for this rule are several, but one is very obvions. When the ves- sel is lost there is usually a great loss of property; and we are not to aggra- vate this loss by charging the little that may be saved with a greater salvage than the claims of simple justice to the salvor may demand; and the claims of simple justice to the salvor do not, ordinarily, extend beyond a f air com- pensation pro opere et Idbore. Ail beyond this is gratuity, given or withheld by the courts upon grounds of public policy. When the vessel and a large amount of property have been lost, and a fragment only saved, there is little reason, and less means, for giving gratuities. But when the vessel and entire cargo have been rescued from certain peril, a substantial service bas been ren- dered the owners by preventing a loss ; they can afiford a more liberal reward ; and Sound policy dictates the propriety, and the amount of property saved furnishes the means, of making a liberal remuneration. Hence the interests of owners and wreckers are made to harmonize." �Of course the leamed judge, in the foregoing Just observations, does not intend to declare that there are no cases in which salvors are to be allowed a liberal bounty over and above ordinary wages, even though much property was lost and its owner distressingly im- poverished; but in the great majority of cases bis principle is emi- nently just, and I thoroughly concur in the rule of action which he propounds. And therefore I do not agree with counsel in this case in their opposing viewa on the question whether the percentage allowed for salvage shall be less on large values rescued than on small ones, or whether it shall be greater. I think, with the court, in the case of The Isaac Allerton, that the proportion of the property lost must enter into consideration. In a case in which, out of prop- erty worth $200,000 in danger, only the value of $50,000 was res- cued, I would give a smaller percentage for salvage than I would in a case where, other circumstances being equal, property worth $50,- 000 was in danger and was all saved. In the first case, other cir- cumstances being the same, and the service such as equally to deserve a liberal allowance, I might feel it unjust to give more than one- tenth; while, in the second, I might thing it equally unjust to allow less than one-half. ��� �