The Infanta Maria Teresa

Citations

• 188 U.S. 283
• 23 S. Ct. 412
• 47 L. Ed. 477
• 1903 U.S. LEXIS 1280

Syllabus

<p>The Spanish war vessel Infanta Maria Teresa at the engagement at Santiago on July'3, 1898, was so far sunk and destroyed that she could not be sent in for adjudication, and no survey was had nor was any sale directed by the commanding officer, nor was she taken by and appropriated for the use of the United States and the value deposited under sec. 4625, Rev. Stat. Subsequently she was raised by a wrecking company under a contract with the Government and taken as far as Guantanamo, whence, after certain temporary repairs were made, it being impossible to completely repair her at that port, she proceeded in tow and partially under her own steam to Norfolk, the nearest government navy yard and the nearest point where permanent repairs could be made. On the way she was lost at Cat Island as a result of inability to withstand the storm on account of injuries received in the action at Santiago, became a total wreck, and was abandoned. The commanding officer concurred with the Government in the effort at salvage.</p> <p>Held, that as the salvage was not actually accomplished, there was no appropriation to its use by the Government in the meaning of the statute and the captors were entitled to bounty only and not to prize money.</p> <p>Held, that the disposition of the property taken from the vessel must follow the rule laid down in The Manila Prize Cases, ante, p. 254.</p>