Page:Federal Reporter, 1st Series, Volume 2.djvu/277

 270 FBDBBAIi SEPOBTER. �avail anything to save her. Moreover, the service rendered by the tug would have been qf no value whatever had it not been for the presence of the fire department. Indeed, had not the firemen been present on the dock, the barge could not have been aided in the least by the tug, as it would in that case have been impossible to have taken her to a pier for fear of igniting other vessels, and of no service to her to have been towed elsewhere. The presence of the firemen on the pier enabled the tug to place the barge where water could be got upon the fire a few moments sooner than would have been the case had the barge been left to be dealt with by the Have- meyer. �The barge was saved by the fire department, the tug con- tributing in some degree to that resuit. It is not a case, therefore, where the service of the tug can be rewarded as in case of saving derelict property. Nor can the tug be entitled to ail the credit of saving the property ; and, of course she bas no right to compensation for what the fire department did. �The tug should bave a compensation liberal for the time and labor expended, and increased by the fact that the ser- vice was rendered in the face of a supposed danger which caused one tug to abandon an attempt to render service ; and this reward should also be suoh as to encourage tugs to ren- der aid to vessels that may be similarly situated in the future. But the law of salvage, while it gives a liberal reward, does not encourage extortionate demanda. In view of ail the cir- cumstances, I am of the opinion that $350 is a proper sal- vage to be awarded to the tug for her services on the occasion in question. �The libellants are entitled to a decree for that amount, and also to their costs. An apportionment among those entitled to share will be made wheu required. ����