The very voluminous record in this cause renders it impossible to review the evidence in detail in an opinion of reasonable length, so that we will not undertake to do more 'than indicate the grounds upon which we rest our judgment.

The appeal of the Commercial Pacific Cable Company, which was the libelant in the court below, is upon the ground that the amount awarded it by the trial court was inadequate, and that the court also erred in dividing, as it did, costs between the respective parties. What we shall say in respect to the main appeal, which is that taken by the Pacific Mail Steamship Company, the claimant, will dispose of the appeal taken by the libelant as well.

The action was in rem against the claimant’s twin screw steamship Manchuria for salvage, and resulted in a decree by the court below awarding the libelant $62,036.80, and dividing the costs between the libelant and claimant. It appears from the record that about 4 a. m. of August 20, 1906, the Manchuria, which was of 13,638 tons gross, and 8,750 tons net, register, ran upon a coral reef in the bay of Waimanalo on the northeasterly side of the island of Oahu, and there stranded. The place of stranding was on the lee shore, several hundred yards from the shore line, and less than a mile from the landing place of the Waimanalo Sugar Company. Waimanalo Bay is an open road-stead with a northern exposure, but at the time of the stranding of the Manchuria the water and sea were moderate, and the time of year was such that storms were not to be anticipated. The city of Honolulu is on the opposite side of the island, about 15 miles distant by wagon road, and within about two or three hours’ steaming distance, immediately upon the stranding of the ship one of its officers was sent to Waimanalo, and by telephone notified Hackfeld & Co., the ship’s agents at Honolulu, of the accident. Both the engines of the Manchuria were reversed, and the full power of her propellers used, as *30 soon as the reef was struck, in an attempt to back off, but without success. Within a few hours thereafter, to wit, about 9 o’clock in the morning of August 20th, the tug Fearless, of 700 horse power, and especially fitted for salvage work, arrived from Honolulu, and by means of a line to the ship attempted to aid in her effort to back from the reef. About 10:45 of the same morning the United States revenue cutter Manning, of 2,500 horse power, and the steamer Maui, of 447 horse power, arrived, and by means of lines therefrom to the distressed ship commenced aiding in the effort to. release her. During the afternoon» the ship ran out her stream and one bower anchor and emptied her ballast tanks, .but still remained stranded. Other vessels during the morning and afternoon came to the assistance of the Manchuria, and were used in transferring her cabin /and steerage passengers and their baggage to Honolulu. At the time of the accident the libelant’s cable ship Restorer was lying idle, with cold boilers, in the port of Honolulu, where she had been stationed since April 24, 1905. She was a vessel of about 4,000 horse power, of the value of about $600,000, and was maintained by the Cable Company for service in the repairing of its cables in the event of need. In the evening of the day of the stranding of the Manchuria, Hackfeld & Co. asked the master of the Restorer, who was Capt. Combe, and the superintendent of the Cable Company’s business at Honolulu, Mr. Gaines, whether the Restorer could be sent to the assistance of the Manchuria. They replied that she could not without express authority from the home office in New York. They were then requested by Hackfeld & Co. to cable for such authority, and while waiting for a reply to get up steam in the Restorer’s boilers in order to save time, which they agreed to do provided payment of the expenses of getting up steam was guaranteed them in the event the home office declined to grant the requested assistance. Hackfeld & Co. thereupon gave such guaranty, after which, to wit, about 10:30 p. m. of August 20th, the request was cabled and the Restorer’s fires started. - The next morning a reply was received authorizing the Restorer to go to the assistance of the Manchuria, whereupon Gaines asked and received from Hackfeld & Co. a written request for the assistance of the Restorer, and at 3 :07 in the afternoon of August 21st, that ship left Honolulu for Waimanalo Bay, which she reached about 6 o’clock in the evening, according to the testimony of Capt. Combe. He anchored from a quarter to half a mile from where the Manchuria lay. Being asked by his counsel what he did on his arrival in respect to the Manchuria, Capt. Combe answered:

The evidence shows that by far the heaviest damage suffered by • the Manchuria was sustained prior to the arrival of the Restorer. The unsuccessful result of the first day’s attempts to release the Manchuria *31 was cabled to the claimant at San Francisco by its Honolulu agents the next day, to wit, August 21st. In doing so the agents gave the claimant this information:

In reply iliev were instructed on the same day that Capt. Metcalfe, Lloyd’s and underwriters’ agent, and an expert salvor, would leave San Francisco on the 23d with a powerful wrecking outfit, and that he recommended that the ship’s anchors be so placed as to prevent the vessel from going further on the reef and twisting broadside, and that the vessel should be kept as deep in water as possible until the anchors should he properly laid; that no part of the cargo should be removed unless it appeared certain that there was no risk of the vessel going further on the reef; that his opinion was that the vessel would have to be floated largely by warping, and could not be pulled off by towing alone. Capt. Metcalfe and his assistant, Capt. Pilisbury, with a large wrecking outfit, reached the Manchuria in the afternoon of August 29tli, and thereupon took charge of the salvage operations. In the meantime — that is to say, from the cessation of the unsuccessful attempts to pull her from the reef — the efforts of those in charge of the disabled ship were directed towards holding her in her then position, in which efforts the Restorer participated from and including the morning of August 22d, having during that time four of her grapnel ropes on the Manchuria, which she pulled and stopped pulling as ordered by the Manchuria. These grapnel ropes were ropes of wire wound with hemp, designed for grappling deep sea cable, each having a breaking strain of from 18 to 18 tons. In adjusting them they were wound over the large cable drum of the Restorer, so that they could be taken up inch by inch if necessary, and were adjusted so that they hung in parallel curves, equalizing the strain to some extent. During the same intervening time the steamers Manning and Maui and the tug Fearless rendered service in„the same behalf, and the Manchuria herself put out numerous anchors. Extensive soundings were also taken of the waters of the bay surrounding the ship, much of the Manchuria’s cargo was shifted, and everything was put in as good condition as possible-preparatory to the arrival of Capt. Metcalfe and his outfit. During the same time the Restorer also furnished a grapnel rope to the Manning, which was broken, after which she gave it to the Manchuria to use on her anchors. Capt. Combe, of the Restorer, also participated in the soundings referred to, furnished a chart and cable buoys for running lines over the coral, and assisted in laying anchors.

On the arrival of Capt. Metcalfe he ordered the Restorer’s engines stopped and her lines cast off from the Manchuria, and cabled to the claimant’s representative in San Francisco to know what arrangement had been made concerning the services of the Restorer, in response to which inquiry he was informed by cable that the Restorer’s charges would be adjusted in New York, and to “use as necessary,” whereupon *32 he furnished the Restorer with a 4%-inch plow steel cable in place of her four grapnel ropes, and made such use of her thereafter as he saw fit, in connection with the numerous steam and other craft engaged in the work.in hand. The record shows that from the time of Capt. Metcalfe’s arrival until the forenoon of September 14th the preparatory wórk of laying the wrecking anchors, discharging the ship’s cargo, and installing additional pumps was vigorously and unremittingly carried on, involving the labor of a large number of men, as well as the assistance of various boats of one kind and another. On the 14th of September an attempt was made to pull the Manchuria from the reef. A strain was put on the moorings laid out from her, and the towing vessels, consisting of the Restorer, Manning, Iroquois, and the tug Eleu, pulled as directed. The result was thus reported by cable on September 14th to the claimant at San Francisco, by Capt. Metcalfe:

As indicated in this cable; the movement was not in the direction anticipated or desired. Accordingly it was determined to shift the towing vessels more nearly astern, with a view to a further effort to move the ship, which was done under the direction of Capts. Metcalfe and Pillsbury; the tug Eleu being sent to help keep the bow of the Restorer to the wind during the operation, and the sea bottom around the ship’s stern being d5mamited in order to break up the coral. The Restorer attempted to make the shift without letting go her line to the Manchuria. In making the maneuver the Restorer crossed the bows of the Iroquois further inshore, and was dragging her anchors toward the coral reef, when she finally, by letting out sufficient anchor chain and slacking her towing hawser, was brought under control. The difficult work of warping the vessel from the reef commenced, and about noon of September 16th she was floated, and towed to Honolulu by the Restorer, and, after the making of temporary repairs, sailed to San Francisco under her own steam.

The expenditures in the salvage operations from the time of the stranding of the ship to the time of her release amounted to $126,-248.91, not including the services of the United States revenue cutter Manning, nor the services of the tugs Fearless, Iroquois, or Eleu, nor the services of the schooner Melacthon, the towing lighter Pioneer, the steamer James Makee, the steam dredger Pacific, nor the steamship Niihau, nor the fee of Capt. Metcalfe. The permanent repairs to the vessel exceeded $500,000. The original cost of the Manchuria was $2,061,349.42. At the time of the accident she seems to have been valued by the claimant at $1,800,000, although it is contended on the part of the libelant that it was then about $2,563,000. ' The libelant claimed for the services of the Restorer $300,000, and it was for that sum that it libeled the ship, contending that it was the chief agent in the operations which ultimately rescued her from her perilous position. In respect to that contention the court below said, in its opinion:

The court below also took notice of the undisputed fact that the libelant was not a volunteer, but contributed the services of the Restorer upon request only, without any specific agreement at the time as to her compensation. Said the trial court:

The court below also found against the contention of the libelant that its services were effective in preventing the Manchuria from being carried further towards the shore by the sea from the bed in which slic lay when the Restorer arrived. A careful consideration of the record satisfies us that the trial court was quite right in each of the above-mentioned findings in respect to the services of the Restorer; but that court further found that that vessel “was of material assistance to the Manchuria’s own anchors in preventing her from swinging to a position more broadside on to the shore than the Restorer found her on the morning of August 22d; was of material service in swinging her stern outward from the shore during the period from August 25th to August 29th, as set forth above, in which movement she was the chief agent, being assisted by the United States revenue cutter Manning during a part of that period, and the four stern anchors of the Manchuria as above stated; was of material service, which, however, is not to be compared with the united power of the steam winches of the Manchuria, in the final operations of September 14th and 16th; and was of material service in towing the Manchuria when floated to the port of Honolulu” — all resulting in a finding and decree “for the libelant in the sum of $5,219.53 for consumption and loss of stores and expenses on account of salvage operations, and in the sum of $56,000 for salvage proper, making a total of $61,219.53.”

Based upon the contention that it appeared from the decision of the court that the said award for salvage proper of $56,000 was estimated upon an allowance of $2,000 a day for the services of the Restorer, the claimant asked the court, by motion, to reduce the allowance for salvage proper by $4,000 because of the fact that the Restorer was only engaged in the service for the period of -26 days. The record shows these proceedings upon the hearing of that motion:

It thus appears that the allowances made the libelant by the court below for the services of the Restorer were as follows: $5,219.53 for consumption and loss of stores, and expenses on account of salvage operations; $1,000 a day for the time of her employment, to wit, 26 days, and an additional $10,000 for her services in steadying the Manchuria, an additional $10,000 for swinging her,, and an additional $10,-000 for pulling her. As has. been shown, the view of the law entertained by the court in approaching the consideration of the case was that, notwithstanding the fact that the libelant was not a volunteer, but undertook the services only upon express employment, “yet, success having been achieved, the ordinary principles of salvage compensation may be applied, if its services contributed to the salving of the libelee.1* In holding that “the ordinary principles of salvage compensation'* are applicable to such a case, the court below erred.

In Wilmington Transportation Company v. The Old Kensington (D. C.) 39 Fed. 496, 500 , which was also a case for salvage, it was said:

*35 In the ease from which the foregoing quotation has been taken there was not only promptness, but no lack of good faith, nor any mercenary spirit shown on tile part of the salvor, such as is claimed to have been shown on the part of the libelant in the present case That the law is as indicated in the decisions above cited was also decided by this court in the case of The Elmbank, 69 Fed. 104, 108, 109 , 16 C. C. A. 164 . See, also, The Queen of the Pacific (D. C.) 21 Fed. 460 , 471; The Sandringham (D. C.) 10 Fed. 556, 570 ; The John Gilpin, 13 Fed. Cas. 675, 678 ; 24 Encyc. of Law, 1206; The Kate B. Jones [1892] P. D. 336, 7 Asp. Mar. Cases, 332; The Beularig, 14 P. D. 3; The Endermore, 7 Asp. Mar. Cases, 334; The Mark Lane, 15 P. D. 135, 137; The Lustre, 3 Haggard, Adm. 154.

As a matter of course, the libelant was entitled to fair compensation for the services of the Restorer, which the court below fixed at $1,-000 a day, with which award, in view of the record, we are not disposed to interfere. Nor can we say that the $5,219.53 awarded the libelant for consumption and loss of stores, and expenses on account of the salvage operations was too much. Whether the libelant is justly entitled to a bonus in addition to those allowances, and, if so, in what amount, depends upon 'the facts and circumstances hereinafter referred to. Even if the Restorer was entitled to any bonus, we think the trial court attributed to her efforts too much effectiveness, as well as exaggerated the risk to her. In respect to the risk to the Restorer, we think the evidence shows it to have been very slight. Both sea and weather were moderate, and we are unable to see where there was any danger to a well-appointed, powerful steamer, such as the Restorer was, in doing what she did, unless it he in the maneuver of September 11th, directed by Capt. Metcalfe and his assistant, Capí. Pillsbury. In respect to that maneuver the log of the Restorer is as follows:

As has already been said, the maneuver, was directed by Capt. Metcalfe, after the Manchuria had been unexpectedly moved almost directly astern some 250 feet, where she had stuck fast. The then towing vessels were the government vessels Iroquois and Manning and the Restorer. The movement directed was executed by the government vessels without difficulty; but the Restorer, although given the aid of the tug Elen, got beyond the position to which she was assigned, and, her anchor dragging, she began to drift towards the shore. Capt. Metcalfe then sent Capt. Pillsbury to the Restorer to see what the trouble was, and on Capt. Pillsbury’s arrival on board he suggested to Capt. Combe to stop his port engine, pay out more chain, and slack up on the *36 towline, which was done, and the threatened peril thus avoided. The sole fault seems to have been that of Capt. Combe.

Capt. Carter,-of the government vessel Iroquois, was questioned, and answered as follows:

The evidence showing, as it does, that the steamers Manning and Maui and the tug Fearless, with 8,Gi7 combined horse power, together with the Manchuria’s own engines and two of her anchors, were unable to pull that ship from the reef or to keep her from going further on, and that before the Restorer got any line to the Manchuria the ship was firmly embedded, it does not seem likely that the Restorer was capable of doing very much in the way of steadying the Manchuria, although no doubt she aided to some extent in that direction. The finding of the trial court, however, to the effect that the Restorer was

*38 the chief agent in pulling the Manchuria’s stern out 9% degrees between August- 25th and August 29th, we think clearly unjustified by the record. The court in its opinion said:

The-log of the Restorer shows that at 5:20 p. m. of August 24th the Manchuria signaled her to “reduce speed to 20 revs.,” and that accordingly the Restorer’s engines were then set at 20 revolutions. The next entry in her log, made at 8 p. m. of the same day, is as follows:

*39 And at midnight of August 24th this entry was made:

Yet it appears from the log of the Manchuria that during that time the Manchuria’s head changed íx/¿ degrees, which, as a matter oC course, could not have been caused by the slack lines of the Restorer; it appearing by the testimony of her own captain that-20 revolutions of her engine were necessary to prevent her lines from chafing. Jt further appears from the log of the Restorer that at 7:33 a. m. of August 25th the Restorer obtained permission from the Manchuria “to put weight on hawsers” and to set her engines at 35 revolutions, and that two minutes thereafter the engines of the Restorer were accordingly set at 35 revolutions and so remained, according to the log, at 35 revolutions until 7:22 p. m. of August 26th, when the revolutions were reduced to 30. At 10:57 a. m. of August 27th her engines were stopped, at 11:18 a. m. of the same day they were set going' at 30 revolutions, at 4:10 p. m. of August 28th they were increased to 35 revolutions, at 5:02 p. m. of the same day (August 28th) they were reduced to 30 revolutions, and at 1:45 p. m. of August 29th they were, according to the log, increased to 45 revolutions. During these various changes on the part of the Restorer, the Manchuria’s head, according to her log, shows three changes, besides the change of 1% degrees already referred to, to wit, at 1 p. m. of August 26th there was a change oí 1 degree in her head, and between midnight of August 26th and 1 a. m. of August 27th a change of 5 degrees, and at 1 a. m. of August 29th her head changed 2 degrees. It thus appears that the greatest change in the Manchuria’s head,.to wit, 5 degrees, occurred at a time when the Restorer's engines had been running ai 30 revolutions for between 5 and 6 hours, and that there was no change during the 29 hours that her engines remained at 35 revolutions, and, further, that die change of 2 degrees in the head of the Manchuria which occurred between midnight of August 30th and 1 a. m. of August 31st occurred at a time when the Restorer’s engines were making but 20 revolutions —just enough, according to her captain’s own testimony, to keep her lines from chafing. These facts, shown by the logs of the Manchuria and Restorer, respectively, would seem to indicate quite conclusively that the Restorer was certainly not the chief cause in the changes in the head of the Manchuria, aggregating 9j/> degrees, although she probably was instrumental to some extent in those changes.

But, assuming that the conclusion of the court below to the effect that the swinging of the Manchuria was chiefly due to the action of the Restorer was correct, and conceding that the latter also rendered valuable services in the steadying and pulling of the Manchuria, still is the Restorer entitled to any bonus in view of the facts and circumstances of the case? As said by the proctors for the claimant, a vessel could hardly have been more favorably situated to render a genuine salvage service than was the Restorer, for “she was fully equipped and manned, yet disengaged, and neither seeking nor desiring the employment that, commercially, would have been advantageous to other ships.” Yet there was not even a tardy offer on her part to go *40 to the'assistance of the distressed ship, pounding heavily on the reef. Upon written request for-her services only did she, in the afternoon of the second day,’ consent to render any assistance. The libelant’s representatives at Honolulu would not even consent to get up steam, in order to be ready to start upon hearing from its head office in New York, without a guaranty on the part of the claimant for reimbursement for such expense. Such precaution and exaction may be commendable in securing the actual and true value of services rendered; but they come with no grace at all before a court of admiralty in behalf of a demand for a bonus. But this is not all. The libelant’s head office in New York-having, on the 21st day of August, 1906, granted the request for the Restorer’s assistance to the Manchuria, that office on the same day cabled its Honolulu representatives to—

On the 24th of August Gaines, the libelant’s superintendent at Honolulu, cabled its New York office, among other things, as follows:

The next day, August 25th, Mr. Gaines cabled the libelant at New York the following report of Capt. Combe of the Restorer, of date August 23d:

On the same day, to wit, August 25th, the New York office of the libelant cabled its representative at Honolulu, among other things, as follows:

In the Restorer’s log we find this entry made at 7:50 p. m. of August 25th:

On August 27th Mr. Gaines cabled the libelant’s office in New York this further report of Capt. Combe:

Not only do these communications and proceedings disclose upon the part of the libelant a very keen desire to obtain a large salvage award, but a distinct threat upon the part of the master of the Restorer, under direct suggestion from the libelant, to withdraw his vessel unless he was given a chance to get the Manchuria off before other aid could arrive, in disregard of the orders of the Manchuria’s owners, of which the Restorer’s master was aware, and which “chance” involved the lightening of the Manchuria, with the inevitable result of further embarrassing her should the Restorer fail; and this, too, when according to Capt. Combe’s own testimony he had had no experience whatever in the matter of salving distressed vessels, and at a time when there was no immediate emergency so far as the Manchuria was concerned, ’since she had not only made a bed for herself, in which she was constantly becoming more secure, and at a time when there was not only no bad weather prevailing, but none to be anticipated, and when capable expert assistance was known to be on the way, soon to arrive. Upon these points we extract from Capt. Combe’s testimony:

The record shows that, as a matter of fact, it was little, if any, short of absurd to talk, on August 23d, about the Restorer pulling the Manchuria from the reef. When Capt. Metcalfe arrived, that expert said that five ships the size of the Restorer could not have done so. In further pursuance of the manifestly studious plan to make a case for a large salvage award to the Restorer, was the cable from the libelant’s New York office of date August 29th, in which the libelant’s representative at Honolulu was instructed, among other things, as follows:

The record shows that these instructions were acted upon, and that an attorney was secured in Honolulu; his presence on the Restorer being noted in its log at 6 :4o p. m. of the same day, August 29th, which, it will be remembered, was the day of Capt. Metcalfe’s arrival from San Francisco with the wrecking outfit, and the day on which he ordered the Restorer’s engines stopped. Two days afterwards, to wit, August 31st, Gaines cabled from Honolulu to the libelant „in New York, as follows:

At this time, to wit, August 31st, Mr. Ward, vice president of the libelant, was at Guam, and the Restorer had been expected to meet him at a place called Midway. On August 31st, the libelant cabled from New York to Mr. Ward as follows:

*43 The next day. to wit, September 1st, Mr. Ward cabled from Guam, among other things, as follows:

The New York office of the libelant having been informed that Hie Restorer’s compensation would be adjusted in New York, that office cabled its representative at II onolulu on September 6th, among other things, as follows:

It thus appears that Capt. Combe was specially requested to keep certain records in regard to tlie matter. And we find in the log of the Restorer certain entries which were manifestly made with a view of furthering the claim of that ship to a salvage award. For example, at 0:45 p. m. of the first day of her service, to wit, August 22d, is this entry:

And, after the night of August 22d, during the whole of which, with -the exception of 2 hours and 10 minutes, when her engines were set at 20 revolutions (just enough, according to her master’s testimony, to keep her lines from chafing), they were at 15 revolutions, there is this entry in the Restorer’s log, made at 8 :54 a. m. of August 23d:

The facts shown by the record did not justify the cable of September 6th, above set out, in which the New York office stated in effect that the underwriters had proposed to settle “salvage” in New York. The record shows this in respect to that matter: On Metcalfe’s arrival on the afternoon of August 29th, he dispensed with the services of the Restorer. That fact was thus reported by Gaines from Honolulu the next day, August 30th, to the New York office:

In Gaines’ cable of the next day, August 31st, which has already been set out, it will be seen that he therein stated that:

So that compensation, not salvage, was the matter spoken of between the parties to be referred for settlement in New York; and that fact is further shown by Metcalfe’s cable of August 30th to the claimant’s agent in San Francisco, in which he asked “What arrangement has been made services Restorer?” and by the San Francisco agent’s telegram to_ Harriman in New York, and Harriman’s reply thereto of dat'e August 31st, as follows:

And by the San Francisco agent’s reply to Metcalfe of the same date, to wit, August 31st, reading as follows:

The record shoiys that in view of these telegrams Metcalfe retained the Restorer^ which fact was communicated to the libelant’s New York office by its Honolulu representative, Mr. Gaines, on the 3d day of September, in these words:

In view of these facts it cannot be doubted that Metcalfe’s understanding was that the compensation for the employed services of the Restorer would be adjusted by the respective parties in New York, and such is his testimony, from which we extract as follows:

The libelant's New York office was informed by the cable from its Honolulu agent of August 31st that:

And when, according to Metcalfe's understanding, it had been finally agreed between the parties in interest that compensation for the Restorer’s services should be adjusted by them in New York, and he had continued her employment, which certainly excluded any idea of salvage remuneration for her future services, the libelant’s New York office was notified by its Honolulu agent’s cable of September 3d that:

If, notwithstanding all this, the libelant intended to claim a reward based on salvage principles, surely good faith required it to apprise Metcalfe of that fact. There was not only this bad faith on the part' *46 of the libelant, but its action throughout was not only calculating and mercenary in the extreme, but was entirely lacking in those elements which often induce courts of admiralty to make awards at times greatly exceeding the expenses, losses, and actual value of the salvor’s services. A salvor, said the court in the case of The Howard, 12 Fed. Cas. 630 , 633—

In line with these remarks and our conclusions, are the cases already cited, and The Bello Corrunes, 6 Wheat. 153 , 5 L. Ed. 229 ; The Boston, 3 Fed. Cas. 932 ; The Byron, 4 Fed. Cas. 956 ; The D. M. Hall, 7 Fed. Cas. 770 ; Hand v. The Elvira, 11 Fed. Cas. 413 ; The Mount Washington, 17 Fed. Cas. 925 ; Spreckels v. The State of California (D. C.) 45 Fed. 649 ; The Clandeboye, 70 Fed. 631 , 17 C. C. A. 300 ; The Ragnarok (D. C.) 158 Fed. 694 .

The cause is remanded to the court below, with directions to strike from the judgment the bonus allowances, aggregating $30,000, and the interest allowed thereon by said judgment and, as so modified, the judgment will stand affirmed; Pacific Mail Steamship Company to recover its costs on this appeal.

^ITor other cases see same topic & § xtimbeii in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes