Page:Federal Reporter, 1st Series, Volume 9.djvu/791

 776 FEDERAL REPORTER. �Emmet D. Craig, for libellants. �B. de Gray, for intervening appellants. �W. S. Benedict, for elaimants. �Paedee, g. J. The services rendered by the varions tug-boats and vessels, and their ofScers and crews, in aid of the Delambre, were undoubtedly salvage services. So far as they were rendered under specifie contracts, these contracts should be the guide in fixing the compensation for such salvage services, provided they are reasonable, and without fraud or mistake, and bearing in mind that contracts only bind parties and privies. A contract as to the quantum of sal- vage, made with the master of a salvage vessel, will bind the vessel but not the rest of the crew, if made without their sanction and con- currence. See The Britain, 1 W. Eob. 40; The Sarah Jane, 2 W. Eob. 110-115. And this rule is regarded in this court. The evi- dence in this case does not establish that the crew of the Harry Wright, the crew of the Ariel, or the tow-boat Confidence and her master and crew, were parties to any contracts, or sanctioned or concurred in any contracts, stipulating a quantum of compensation for salvage services rendered. The evidence is voluminous and con- flicting, but this is the conclusion reached by Judge Billings, and I f ully agree with him therein : �(1) The allowance made to the Confidence of $2,000 seems to be proper, con- sidering the services rendered, and the circumstances of the service. The properly proportionated. The services of the boat and her crew were not equal. The boat steamed a considerable distance, and helped to place the Ariel to receive cai'go, all of which was ordinary service for the crew. �(2) The owners of the Harry "Wright, the tow-boats Joseph Cooper, Jr., C, C. Keyser, George W. Childs, and Greyhound, all of which boats rendered and claimed salvage services in conjunction with each other, settled their claims for compensation with the elaimants in this case for the sum of $3,300. This settlement seems to flx a fair allowance, and, considered in the light of an arbi- tration, raay be taken as flxing the compensation of those boats and their crews. But of these services so rendered in conjunction, it seems that the Harry Wright's services were more valuable than any or all of the others. It was the Harry Wright that, after the others ceased operations, took ofE from the disabled ship nearly 600 bags of coffee and safely delivered it on the wharf at Port Eads, carrying it up South-west Pass and down South Pass. Of the $8,300 allowed all these boats, the Harry Wright should be regarded as entitled to at least $2,000; and that amount should be taken as the basis in flxing the compensation, which we have seen the crew are entitled to, notwithstanding the contracts of her owners and agents. Of this $2,000, three-eighths to the master and crew is a fair proportion, considering the extra services of the ��� �
 * illowance of five-eighths to the boat and three-eighths to the crew, seems also