and donkey hoist, extra fuel, loss and depreciation of ropes, lines, and anchor chain and anchor. Overtime cost $456 and extra stevedores $1,059.

The highest value of the Inter-Island ships engaged at any one time was $465,000, the lowest $240,000.

The values of the Miller vessels engaged were, according to Captain Miller, as follows:

Concord, $3,000; Mokolii, $8,000; James Makee, $15,000; Kaimiloa, $2,000; Elizabeth, $4,000.

The value of the Miller anchor and tackle was claimed to be $12,000. The aggregate of these values is $44,000. The values were shown, by comparison with tax returns and purchase prices and other data, to be so exaggerated, that they can be safely discounted to one-half and still be very liberal.

[4] [5] In consideration of the foregoing views, I find that the services of the salving agents are reasonably worth $30,000-which is about 1712 per cent. of the value of property salved, plus interest at 6 per cent. for the 3% years since the services were rendered: see The Chiusa Maru, 3 U. S. Dist. Ct. Haw. 361, 371, for it is only just and equitable that allowance be made for the great delays, most of them at least unavoidable. Deducting $500, which though small, is all that can be allowed for the services of the Arcona, which is not suing for an award, there remains $29,500, which is apportioned as follows:

To the Intrepid and her men, $4,000, to be divided 3/4 to her owners the Matson Navigation Company, and 1/4 to her master and crew, pro rata according to their salaries or wages and the number of hours of their service, there first being deducted, however, an award of $175, in place of any pro rata aforesaid, to Captain McAllister, whose award might have been somewhat more but for his attitude toward the request of the Celtic Chief's master.

[1b] To the Miller Salvage Company, Limited, and men, $8,000, to be divided 3/4 to the company and 1/4 to the men, pro rata according to their salaries or wages and the number of hours of their service, less $500 which would have been awarded to Captain Miller but for his attitude above discussed. That is to say, the 1/4 is to be reduced by $500 to $1,500. And, as above determined, the 3/4 is to be reduced by $400 on account of the matter of the bumping of the Arcona. The contention that the Miller company should have all the award and its men nothing, is not favored. It is urged that the men were mostly at least hired for this special work, and that the rule contended for applies also where men are in the regular employ of a company engaged in salving as a business. It is not shown with any clearness or conclusiveness, if at all, that the men were to waive any rights to a share in the award. This fact, and considerations set forth by Judge Benedict in The Cetewayo, 9 Fed. 717, 719, 720, influence my view of the contention.

To the Inter-Island Steam Navigation Company, Limited, and her men, $17,500, to be divided 3/4 to the company and 1/4 to the officers and crew, pro rata according to their salaries or wages and the number of hours of their service. The award to the men is to be first applied as follows: $500 to Captain Haglund, superintendent of the Inter-Island operations, $250 each to Captain Tullett of the Mikahala and Captain Nelson of the Helene, $150 to first officer Piltz of the Mikahala, and $75 to Captain Naopala of the Likelike, all these special awards to take the place of the pro rata shares of these officers in the general award to the men.

Captain Macaulay whose services were of special value, and who was on duty throughout and was the guiding spirit in the operations, and whose testimony has been

helpful in a full view of conditions at all times, makes no claim. But it would not be just to pass his services without special commendation.

As to the claims for expenses, the Inter-Island company's claim of $3,561.77 is allowed, except as to $1,515 for overtime and extra stevedores, which are covered by the general award; and the claim of the Miller company is allowed in the sum of $1,400, being the amount claimed in its libel (the actual proof was $65.26 more, but no amendment to conform to the proof is asked for, and while the court's equitable powers may permit the presumption of an amendment, this seems not a case for the exercise of such powers at this stage, unasked). The Miller company's claim of $726.30 for regular wages of men is disallowed as covered by the general award.

The court is indebted to Mr. Warren, of counsel for libelants, for his very thorough, well arranged and on the whole fair synopsis of the vast mass of testimony. Such briefs are most helpful, though it must not be understood that the court has not itself given the case full and conscientious attention or that briefs of other counsel were not able and helpful.

[7] As to the costs, the court considers the claims aggregating $70,000 excessive, and orders that the libelants divide the taxable costs herein, hereafter to be taxed, between them pro rata according to the amount of their original claims set forth in the first paragraph of this opinion. See The Manchuria, 3 U. S. Dist. Ct. Haw. 150, 168.

Affirmed, with modification of awards in cases of InterIsland Steam Navigation Company and Miller Salvage Company: The Celtic Chief, 230 Fed. 753.

THE CELTIC CHIEF.

May 31, 1916.

1. Appeal-Mandate-Allowance of interest in modified decree in admiralty: A mandate of an appellate court reducing a salvage award in admiralty but making no provision for interest, is to be carried out by entry of a decree for the substituted award without interest.

2. Same-Same—Subsequent decree of lower court-Amendment of mandate: In entering decree pursuant to the appellate court's mandate after determination of an appeal, the lower court's "duty and function are ministerial rather than judicial," and it can only execute the mandate. Any amendments of the mandate, even in the interest of justice, are to be secured by application to the appellate court.

Admiralty: Entry of decree pursuant to mandate of appellate court.

L. J. Waren (Smith, Warren & Sutton with him) for the Inter-Island Steam Navigation Company, Limited, and the Matson Navigation Company.

P. L. Weaver for the Miller Salvage Company, Limited. C. H. Olson (Holmes & Olson with him) for the Celtic Chief.

CLEMONS, J. The mandate of the Circuit Court of Appeals has been filed herein reading in part as follows:

"It is now here ordered, adjudged and decreed by this Court, that this cause be, and hereby is remanded to the said District Court with directions to reduce the award made to the Inter-Island Steam Navigation Company, Limited, to the sum of $12,500.00 plus its expenses amounting to $2,046.77, and to reduce the award made to the Miller Salvage Company to the sum of $6,500.00,-the costs in this court to be apportioned two-thirds against the appellees because of the large amount of unnecessary matter put into the record, and one-third against the appellant."

The libelant Inter-Island Steam Navigation Company, Limited, now presents its final decree providing inter alia for interest on the aggregate award of $14,546.77, above, at six per cent. per annum from the date of the lower court's decree. And to such allowance of interest the libellee objects, relying on the case of The Haxby, 83 Fed. 720, and on rule 30 of the Circuit Court of Appeals providing, in section 4, that, "in cases in admiralty, damages and interest may be allowed, if specially directed by the court," referring to "cases where a writ of error is prosecuted" in that court "and the judgment of the inferior court is affirmed." Id. sec. 1. It is to be noted that in cases other than admiralty the provision is, that "interest shall be calculated and levied from the date of the judgment below." Id. The latter provision is significant, and in connection with section 4 of the rule, enforces the independent holding of the courts, that interest is not a matter of course in salvage See Hemenway v. Fisher, 20 How. 255, 260.

cases.

In the Haxby case the "district court awarded to the salvors the sum of $27,000." (with interest from the date of the completion of the salvage services, s. c., 83 Fed. 717), and upon appeal this award was reduced to $16,666.66, and on receipt of the mandate from the appellate court, "the district court entered a decree for libelants in the sum specified, with interest from

the date of the completion of the salvage services," but upon a "second appeal assigning error in respect to the court's action in allowing interest," the court above "without filing any written opinion, thereupon reversed the decree below, and remanded the cause, 'with instructions to enter a decree for the sum of $16,666.66, with interest thereon from the 3d day of November, 1897,' this being the date of the decision on the prior appeal." Id. 720; Id. 715. The contention of the libellee here is, there