Page:Federal Reporter, 1st Series, Volume 4.djvu/489

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ATLAS BTEAM-SHIP 00, ». STEAM-SHIP COLON. 475 �disbursements, and gave proof in regard to them, but after- wards abandoned such claims. The district court refused to allo-w costs to the owners of the Etna �On the foregoing facts my conclusions of law are that the compensation awarded by the district court to the owners of the Etna — $4,875 — was adequate and liberal; that costs in that court were properly refused to them; and that they should pay to the claimant its costs of this court. �The claim of the owners of the Etna, in theîr petition of appeal, is that they are entitled for the salvage service to not less than $25,000, with costs, besides compensation for the actual losses and damage sustained by them in the serv- ice, and exclusive of any award to the master and crew of the Etna for their services. In other words, they claim that the $500 should be increased to $1,856.65, and the $4,375 to $25,000. This would make the entire amount paid and to be paid by the Colon $34,181.93, besides costs, and it would make the relative compensation of the owuer of the Etna and her ship's Company as 4.87 to 1. �There is no appeal by the owners of the Etna from the ratio of distribution of the $9,500. There is no allegation in the petition of appeal that the decree below is erroneous because it did not give to the owner of the Etna a larger prq- portion of the $9,500 than $4,376, and no allegation that the master and crew should not absolutely have had as much as $5,125, or as much of the $9,500 as $5,125. The ratio of distribution adopted by the district court, if applied to a sum large enough to give to the owners of the Etna $25,000 in place of $4,375, would require that sum to be $54,285.73, so as to give to the master $4,285,73 instead of $750, and to the raaster and crew $25,000 instead of $4,375; and, adding to this the $1,856.65 and the $2,200.28, would make a total of $58,342.66, exclusive of costs. But the owners of the Etna really contend, on this appeal, that the compensation to them, relatively to the compensation of the ship's company, should beas 4.87 toi. ����