Page:Federal Reporter, 1st Series, Volume 9.djvu/227

 212 FEDUBAIi REPORTER. �When services are rendered without any beneficiai results no sal- vage can be allowed. Schooner Elvira, Gilpen, 60 ; Conkling, Adm. 280; TJie WUtaker, 1 Sprague, 282; The Dodge Healy, 4 Wash. 657. �Under this state of facts and these authorities libellants have no claim for salvage against the Choteau, nor do I think that under the general facts of the case libellants are entitled to any allowance for labor and expense in going to the assistance of the Choteau. It was in the port of New Orleans. The Protector's sole business is as a sal- vage beat. She is owned and run by an incorporation of insurance company presidents for harbor protection. The crew are under pay for such service, with a contract waiving salvage, The boat had steamup, ready io go to any point. The boat is of iron, and neither ahe nor her crew ran any risk. Besides, in trying to aid the Choteau against the will of her master, the captain and crew of the Protector were violent and aggressive, and apparently disposed to lay the foun- dation for a salvage claim. See the case of The Straton Audley, 3 Maritime Law Cas. 285. �The proctor for libellants has made a vigorous effort to recover co^ts or to divide them. There is no doubt the question is within the discretion of the court. The good faith of parties should be consid- ered among other matters. In the court below the decision was against the libellants, and the judge seems to have doubted the good faith of the parties from the incipiency of the suit, and gave costs as well as judgment against them. �On the appeal this court substantially coincides with the district judge. The claimants have been at considerable necessary, unavoid- able expense on account of this' action, whiob has no merit. They should not be saddled with the costs besides. �Let the libel be dismissed, with costs. �See 5 FED. Rbp. 463, ��� �