Page:Federal Reporter, 1st Series, Volume 5.djvu/114

 10 '3 FECEBAL BEFOBISB. �ffhich had already been expended in proeuring and loading the freight amounted to nearly |10,000, ail of which would have been sacrificed if the fire had not been stayed. The salvage allowed by the district court was 15 per cent, of the value of the ship, cargo, and net freight, amounting to nearly $67,- 000 ; and, according to the rate of distribution adopted, giv- ing to some of the men over $2,300 apiece, and ranging from that down to $1,500, $800, $400, and $200. The allowance to the Belle Darlington and the Protector was equal, and by giving the men of the former one-half of her allowance and to those of the latter one-fourth of hers, the men of the Belle Darlington received individually nearly three times that received by those of the Protector, although the latter were engaged the longest in the work. �From a review of the case we are not disposed to allow as flxuch salvage as was awarded by the district court. The allowance of anything like a uniform percentage on the value of the property saved in such cases would be attended with great inequality and injustice. Whilst regard must be had to the value of the property, it is not the only controlling cir- cumstance, and the other grounds of allowance in this case, as we have before seen, were quite inconsiderable. Looking at the amount of property saved, and the little exertion and risk required to save it, we think that 8 per cent, will be ample compensation for the service rendered. Salvage should be regarded in the light of compensation and reward, and not in the light of prize. The latter is more like a gift of fortune conferred without regard to the loss or sufferings of the owner, who is a public enemy, whilst salvage is the reward granted for saving the property of the unfortunate, and should not exceed what is necessary to insure the most prompt, energetic, and daring eiïort of those who havo it in their power to furnish aid and succor. Anything beyond that would be foreign to the principles and purposes of sal- vage ; anyihing short of it would not secure its objects. The courts should be liberal, but not extravagant ; otherwise, that which is intended as an encouragement to rescue property ����