Page:Federal Reporter, 1st Series, Volume 8.djvu/299

THE ALPENA. 285 �owner's liability is the value of the ahip iminedately after the lossor damage complained of. If the loss occurs by the beaching of the vessel, it is her value as she lies upon the beach. If it occurs by the sinking of the vessel, it is her value and the value of her belongings as she lies sunken. Now, in order to save what is thus left for the benefit of shippers and the owner, it is necessary, in almost every conceivable case, that immediate steps be taken to sell and convert the property into money, to be held for those entitled to apportion- ment, and this can only be done by some appropriate proceeding in court without delay. What is available may be perisbable, or need "immediate care, and the owner, by aeting without the direction or sanction of a court in that regard, might at least Lazard, if h^ did not lose, his right to protection under the law. So, too, the vessel might be in condition to be repaired, and her value for the purpose of reparation would measure the owner's liability to his shippers. If be repairs before this value is properly ascertained by appropiiate proceedings in some court, under this law, he runs the risk of losing the protection the law affords him. �It seems, therefore, quite satisfactory to mymind that the cupreme court did not intend, by its rules, to say that no proceeding to appor- •tion the share of each loser in the value of the vessel should be had until some one of the losers should have commenced a suit ; but the court only intended to say that if the owner delayed such proceedings until a suit had been commenced, then he should commence such proceeding in the district court where such suit was commenced. But if the shippers whose property bas been lost or damaged by a shipwreck or other disaster, to which the owner is not privy, do not see fit to commence suit at once, I can see no reason or principle in the law itself whichi shall compel the owner of a vessel to lie silent until, perhaps, his testimony may be logt, or it beconies either impossible or difficult to estimate the value of his interest in the vessel, and only ask the aid of the court when suit is begun against him, which may be any time before the bar of the statute of limitations. �In this case the remnants of this vessel, so far as recovered, are within the jurisdiction of thia court; the freight pending has been paid to the trustee appointed. The sunken hull and machinery may not be within the territorial jurisdiction of the court, but the title, wherever they are, bas been eonveyed to the trustees. �I therefore conclude that this court has jurisdiction to entertain this proceeding, although no suit had been brought in this court or district by any one who would be bound by this proceeding at the time ��� �