DISTRICT C0tTRT FOR TIRE CANAL ZONE.

by the charterers of the ship on account of the Shipping Board; that his company is also agent for the Barber Line, the charterers of the Olockson, and the Barber Line atually paid the money, but he could not state whether the Shipping Board finally paid the bill or not; that he made an arrangement with Captain Sargent some years ago that at any time he could call up and arrange for a tug at $25 an hour, and that rate is put in the regular Canal tariff; that they were also charged for the work done by the fire department, in fact, "for everything and plus;" that on the morning in question he arranged with Captain Sargent for the use of the tug at the regular rate and asked if there was any salvage in this;" that Captain Sargent said as far as he was concerned he did not see that there was; that he asked this question as that in the first thing that would occur to any shipping man, but he did not think he asked seriously about it as he remembers Captain Sargent laughing about it; that the Master of the Qlockson asked the crew to be paid off by wireless; and the crew returned to shore on the Tacoma.
Captain E. P. Jessop testified that he is the present Marine Superintendent of The Panama Canal, and has been since April 15, 1920; that he is in charge of the transportation and handling of shipping in the harbors of Colon and Balboa, transit through the Canal, and all marine equipment in charge of that work; that he knows the Gorgona; that she is a seagoing tug of 1,200 horsepower, belonging to The Panama Canal; and is used for the purpose of general service for shipping in the port of Balboa and elsewhere; that the tug "is employed for the necessary towing work about the harbor of Balboa; for offshore work in the nature of going out and picking up vessels that may be disabled or need towing in the Canal or Canal port;" that she is part of the public equipment of The Panama Canal,. and the revenues derived from her services are used in the maintenance and operation of the Canal, and go into the Canal treasury.
Captain Howard, in command of the Gorgona, says he was shown, the radiogram sent by Captain jackson of the Tacoma, quoted above, and was told by Captain Sargent that he did not think he would have a chance of towing the Olockson in, and that he was sending him there to beach her wherever it was possible, to the closest land.
This statement of Captain Howard is the only positive evidence contained in the record, indicating the character of service the Gorgona was to perform.
The law seems clear that before services r endered under a contract can bar a salvage claim, the terms of the contract must be so plain and explicit that the court can reach no conclusion other than that a salvage recovery or compensation was expressly excluded. 35 Cyc.