the salvors and the danger to it do not figure in this award since no claim is being made by the Government, the owner of the vessels involved. (4) The risk incurred by the salvors in securing the property from the impending peril was certainly not great. The tug was supplied with special fire-fighting equipment and it was not necessary for either her or the LST to come close to the burning ship before the fire had been brought under control and very nearly extinguished. Although it had been ascertained that the cargo was not explosive, the boarding parties from the LST and the men from the tug who jumped to the Else Basse incurred risks which puts them, as to this factor, in a class above those who stayed on board their respective vessels -- a fact which will be considered in the apportionment of the award. (5) The value of the property rescued. I fix the value of the cargo at $ 95,324.37. The evidence shows that the ore which constituted the cargo came from a single mine, the entire output of which was contracted to this respondent. No general market for it existed and no market value can be found, but it is reasonable to assume that the price agreed upon represents the actual value. The fact that, due to the peculiar nature of its contract for its purchase, it would have cost the cargo owner more the replace it if it had been lost does not in my view change the value of it when, in fact, it was not lost. (6) The degree of danger from which the property was rescued was high.
I award the total sum of $ 10,100 to the libellants for salvage, bearing in mind that the owner of the vessels is not making any claim and that a very frequent apportionment of salvage award between the owner of the salving vessel and its crew is two-thirds to the former and one-third to the latter. It is also well established that the fact that a party entitled to claim salvage waives his claim does not increase the share to which the others are entitled.
In dividing the award among the claimants, I do not think that the division should be made by ships, giving a certain percentage to one vessel and the remainder to the other. We are dealing with the claims of 60 men engaged in a salvage operation, 14 of whom happen to have been on one ship and 46 on another, both ships contributing substantially and almost, if not quite, equally to the success of the operation. The award will be divided per capita upon the merits of the individual services rendered by each man and the risk incurred. On that basis, I make the following award:
To the Masters of the two Government vessels, $ 400 each.
To the two men from the tug and the four men from the LST who first went aboard the Else Basse in order to secure lines to her, $ 400 each.
To the eleven men from the LST who remained on board the Else Basse, engaged in extinguishing the fire, $ 200 each.
To the remaining claimants, $ 100 each.
An additional allowance should be made to Feleggi who was injured in the course of the salvage operation. However, to award him an amount equivalent to damages which he might recover in a civil action for such an injury would be to ignore the whole theory of the law upon which salvage awards are made. The basic principle is not compensation for loss but a reward or bonus given for successful and meritorious service in saving life or property above and beyond a seaman's ordinary duty. With this in mind, I award Feleggi the sum of $ 600 in addition to the amount awarded him above.
A decree may be submitted.