next »

[Please Support Us!]

Please Support Us!

November Goal: $40.00
Due Date: Nov 30
Gross Amount: $25.00
PayPal Fees: $1.58
Net Balance: $23.42
Below Goal: $16.58
©

59% 

November Donations

7th Anonymous $20.00

5th Anonymous $5.00

TRAILBLAZERS
for students

ArchaeoFind
Archaeology News
Articles
Browse Attachments
Calendar
Downloads
Forum
Gallery
Links
Member Map
Our News Feeds
Submit Article
Tag Cloud
Video Channel

Odyssey Marine in the media
Trailblazers
Play Phaos
Chat
Trailblazers: Virtual Tours

[Bart]

Greetings;

Wopper wrote " The Judge separated the two, (treasure and antiquities) and awarded the finders the treasure and the State of California the antiquities."

Was this a circuit court or a Federal Court judge? I am not familiar with the story, if you could post it or a summary, that would be appreciated. My take on it is if it is a Fed, judge, a precedent may well have been set, but judges have wide discretion in any rulings, and no two cases are ever identical.

Bart

[Wopper]

Howdy Bart,

I wrote my original post from memory of an article I had read in the "Treasure Hunter Confidential News Letter," years ago. I just found the actual court case on line, and it differs from what I wrote. Here is a brief of the case, which can be found here. http://acuaonline.org/legupdates/brojonCC.html

The practical effect of the decision and the order of the Supreme Court was to return the case to the Federal Court in San Francisco for a full trial. In the words of the Court, �the judgment of the Court of Appeals assuming jurisdiction over this case is affirmed, its judgment in all other respects is vacated, and the case is remanded for further proceeding consistent with this opinion� (California vs Deep Sea Research, Inc (96-1400) 102 F. 3d 379). Rather than proceeding with a full trial and its inherent cost in time and money, the parties sought a settlement. After a number of months, an agreement evolved which was eventually confirmed by the Court on March 11, 1999. The State received title to the ship and all the non-monetary artifacts. It also received 200 of the gold coins. The remaining 1007 coins were granted to Deep Sea Research as a salvage award. DSR will also be given a State permit to continue recovery operations under State supervision.

Here is another link. http://supct.law.cornell.edu/supct/html/96-1400.ZS.html

I will try to find the original article and post it.

Sincerely,

Wopper

[Wopper]

Howdy Bart,

Here is the original story that appeared in Treasure Hunter Confidential Volume 15, Number 3 March, 1999 I must have a slight case of CRS. I some how had it in my mind, or read in another magazine that there was a Court decision not a settlement. I'll be the first to admit that I was wrong, and I thank you for making me revue the story.

Sincerely,

Wopper

[Bart]

Thanks Wopper;

It is essentially as you stated earlier. Something tells me that artifacts and coinage are about to be redefined under Cal. law. I saw no mention of Wells Fargo, insurers, or heirs/antecedents receiving anything, or even being mentioned. Have you heard any reason why the State received some of the coins? What was that all about? Does DSR's acquiescing to that somehow set a precedent of some sort for the future? And why must these things be adjudicated over and over? It is enough to take the wind out of a salvor's sails.

Bart

[Wopper]

Howdy History Hunters,

Bart asked the following questions:

Have you heard any reason why the State received some of the coins? What was that all about?

If my memory serves me correct, DSR agreed to give the State of CA. 20% of any treasure recovered for DSR being given a State permit to continue recovery operations under State supervision.

why must these things be adjudicated over and over? It is enough to take the wind out of a salvor's sails.

Each case is unique, and the laws can apply differently. In the Brother Jonathan case, the salvers purchased the title to the ship and its contents from insurance companies that had paid claims. In the case of the S. S. Central America, the Columbus-America Discovery Group failed to do so leaving themselves open to legal claims by the insurance companies. I believe that Spain now claims ownership of all their shipwrecks, no matter where they are located in the world.

The only thing that is certain is the fact that the treasure salvage business is complicated in every aspect, from the search, recovery, and ownership.

Sincerely,

Wopper