Page:Federal Reporter, 1st Series, Volume 9.djvu/69

 64 FEDBEAL EBPORTEB. �But if the evidence shows that the vessel was free from all circum- stances of danger, present or apprehended; that ordinary towage serv- ice, at ordinary rates, could have been shortjy obtained, so that salvage compensation could not be presumed to have been intended; and that the towage was rendered for no other purpose than to expedite the completion of the voyage, — the service will be deemed to be a towage service only. The Emily B. Souder, 15 Blatchf, 550. �Had the Colon, in this instance, been in no apprehension of danger ; had she been able, in the judgment of her master, to con- tinue her voyage under sail without any reasonable fear of hazard beyond the ordinary perils of navigation, as in the case last cited, — no reason appears why he should not have continued on his voyage, instead of interrupting. it and proceeding to Fortune islaud for re- pairs. Nor would the master of the Pomona, under these circum- stances, have been justified in going back upon his course, involving a delay of nearly a day in his own voyage. That was a plain deviation, involving, presumably, a violation of the vessel 's con- tracts with every one of its seamen, insurers, and freighters. By the maritime law the master bas an implied disoretionary authority to make such deviations in the interest of commerce and humanity, in order to save endangered life or property. The Centurion, Ware, 490^; The Hooper, 3 Sumn. 542, 579. In the award of salvage com- pensation, account is taken of the increased obligations resulting from such deviations. But I have not been referred to any authority, nor do I find any, holding that it is within the lawfnl discretion of a master to make such a deviation from his own voyage as was made in this case, merely for the eonvenience of another vessel, or simply to expedite its progress, in the absence of all circumstances of danger. Ordinarily, deviations of that character would be plainly opposed to tho interests of commerce, and deserve censure rather than reward. It is not to be presumed, therefore, that such a departure from the voyage of the Pomona was eitherasked for or assented to, except upon the ground that the Colon was in actual need of assistance, through circumstances of apprehended danger, and that some salvage compensation was expected to be paid. The Colon, at the time this assistance was rendered, was not, like the Emily B. Souder, in the same condition as to her motive power in which she was when she left her last port; nor did she seek merely to expedite her voyage, but to get to safe anchorage as speedily as possible for repairs. The nearest safe anchorage was 57 miles distant, and she was nearlv ��� �