Page:Federal Reporter, 1st Series, Volume 9.djvu/65

 50 FEDERAL REPORIEK. �witnesses do not agree, and there is great doubt and obscurity. Whatever there was, there were no guiding grooves and no sharp needles ; nothing adapted to pick up pills which were to be coated and then stripped so as to leave no material trace of the puncture. Even if Cauhape knew of all that was there at the time, there was inven- tion in what he patented. �The assignment from Cauhape to the plaintiffs is satisfactorily proved as a valid assignment. The testimony of Wickham fully ex- plains the interlineations. �Ail the views urged on the part of the defendant have been care- fully considered, although only the material ones have been com- mented on. There must be a decree for the plaintiffs as to the second claim of the patent, in this suit, and also in the suit against Neynaber. ���MoCoNNOCiirB and others v, Kerb and another. (Diitrict Oourt,8.b.New Tork. August 26, 1881.) �1. ADMIHAIiTT — JURISDICTION— Co-SaLTOKS. �(Jourts of admiralty have jurisdiction of an action to compei distribution by one co-salvor, who lias obtained the entire salvage compensation, among the other co-salvors entitled. �2. Salvage and Towage Services. �The steam-ship Colon, bound from Aspinwall to ITew York, became disaljled in her machinery in the Bahamas. She had a f ull set of sails, but was " at the mercy of the winds," and a hurricane, which was not unusual in those yraXeis, " would have put the ship in jeopardy." Being nearly becalmed, she employed the Pomona, bound for Jamaica, to tow her to the nearest anchorage, 57 miles distant, for repairs. �Held, that the service rendered was in the nature of salvage, and not a '• mere towage service." -Semble it is not within the proper discretion of a master to deviate from hls voyage to render a mere towage service for the simple coni venience of another vessel in expediting her passage, unattended by any, cir- cumstances of danger ; and if such circumstances exist the service is salvage, for which offlcera and crew are entitled to share in the compensation. �3. SaLVASE— AbbITBATION— AWAKD— BiNDING ON PARTIES OnLV. �The owner and captain of the Pomona, having flled a libel against the Colon, claiming salvage "in behalf of all entitled," the respective owners, after answer and be'f oi-e hearing, aubmitted to arbitration the question whether the service was salvage, and the amount of compensation. The arbitrator de- cided that the service was not salvage, and awarded $3,000 to the owner of the Pomona as for a towage service, which amount was paid to him, and the suit dlscontinued. Thereupon the present libel was filed by three of the crew to compel distribution of that money among the co-salvors. ' �Held, that as the $3,000 was awarded on the basis of a tovifage service only, ��� �