Page:Federal Reporter, 1st Series, Volume 4.djvu/487

 ATLAS STBAM-SHIP 00. V. BTEAM-SHIP COLON. 473 �ïhe Colon, on her arrivai in New York, in her damaged con- dition, was worth about $230,000. She had earned no freight. On the arrivai of the steamers in New York, the president of the Pacific Mail Steam-ship Company, ■which owned the Colon, called on the agents of the Atlas Steam- ship Company, and asked them to fix a sum for the service rendered, as he desired to transfer the passengers and cargo of the Colon to the Crescent City. No agreement was made, and later in the day the agents of the Atlas Steam-ship Com- pany wrote to said president (Mr. Clyde) that they wished to consider the matter, and that they would communîcate with him definitely on Monday, August 28. The transhipment of the Colon's passengers and cargo to the Crescent City was im- mediately commenced, with notice thereof to the agents of the Etna. �On Monday the agents of the Atlas Company called upon Mr. Clyde and stated to him that they considered the services worth $150,000, and that they would claim that amount. Mr. Clyde replied that he did not think the service was worth any 8uch sum, but that he was willing to pay them fair compen- sation. There was no further negotiation, and on the fol- lowing day the libel in this case was filed against the Colon and her cargo, claiming $160,000. The greater portion of the cai-go of the Colon was then on board of the Crescent City. Process was issued under the libel, and the Colon and the cargo were both attached. A stipulation for the value of the Colon and her cargo, in the sum of $150,000, was given August 30th. The libel was filed by the Atlas Steam-ship Company, (limited,) for itself and ail others. The master ofïicers, and crew filed petitions to be made co-libellants, and orders to that effect were entered. A salvage compensation of $10,000 was awarded by the district court to the owners of the Etna and to her master and crew. Of this sum $4,375 was awarded to the master and crew, and $750 more to the master. These two sums, amounting to $5,125, have been paid by the owners of the Colon. The cargo of the Etna was shipped under bills of lading which permitted the Etna to tow ����