[Sorry for not posting sooner-been busy with work!]

Judge Okays Titanic Salvage

A federal judge has ruled in favor of R.M.S. Titanic (RMST)to go on an expedition to recover artifacts from the Titanic wreck. The company had petitioned to court to allow it to retrieve the Marconi telegraph and other artifacts. The company argued that due to deterioration these items had to be removed or they would be lost forever. The company, which has salvor-in-possession status, was seeking a modification of a July 2000 order which forbade it from cutting into the hull.

The National Oceanic and Atmospheric Administration (NOAA) opposed by filing an amicus curiae with the court. NOAA challenged the evidence justifying the expedition and arguing it was illegal under a 2017 Commerce Appropriations Act that prohibits this activity unless approved by the Secretary of Commerce. They also argued it was out of bounds due to an international agreement. Judge Rebecca Smith found the only issue before the court was whether RMST had followed the requirements required by previous court rulings. Since NOAA was not an actual party to the case, she did not rule on any of the merits raised in their brief to the court.

Source:

• District Court Allows Salvage Company To Recover Telegraph from Titanic Wreck (Jurist, 24 May 2020)
• https://www.jurist.org/news/2020/05/district-court-allows-salvage-company-to-recover-telegraph-from-titanic-wreck/

Commentary:

This was not wholly unexpected. While many in the Titanic community were against the salvage, RMST claimed it was trying to preserve important artifacts from being lost as the wreck deteriorated. They were able to show to Judge Smith had to merely determine if this was a proper request, that how it would be done be consistent with previous authorized salvage, and that the items would be properly conserved. She was satisfied with what they presented to her.

NOAA’s involvement with the case was odd. Since they were not an actual party, they could only file a friend of the court brief. Their brief though was clearly meant as if they were an actual party to the case. One gets the distinct impression that folks at NOAA believe the federal government and not the court has jurisdiction here. They argued that the Secretary of Commerce is the one that makes decisions here and that an international treaty was also an issue. Judge Smith acknowledged the treaty but made it clear that NOAA has no seat at the table. They were essentially in the stands looking down waving paper at the judge. This must have miffed those behind it at NOAA. They can choose to appeal but on what grounds? If they go the route the Department of Commerce has authority, it sets up an interesting fight on maritime law. They may very well appeal this to stop the salvage. Providing of course they can convince a higher court to stop it. That may not be so easy as it sounds.

Titanic Chronology Updates

May 16,1912

• Two boys thought orphaned when Titanic sank-Michel Navratil, Jr., 3, and Edmond Navratil, 2, were reunited with their mother. Their father had placed them in a lifeboat and perished when Titanic sank. A worldwide appeal to find relatives of the two boys led to finding the mother.

May 14,1912

• 

  The first silent disaster movie, Saved From The Titanic, was released. Starring Dorothy Gibson, who had been a passenger aboard Titanic, received positive reviews from critics. Sadly due to a fire in 1914 at the film studio, all prints of the movie were lost. All that we have are production stills and secondary evidence from other accounts of its existence.

May 13,1912

• RMS Oceanic found the remains three people in a lifeboat from Titanic. The body of passenger Thomson Beattie and two unidentified firemen were recovered. While they apparently survived the sinking, they died from hypothermia or thirst in the collapsible lifeboat. The Canadian ship Montmagny  recovered three victims and brought them to Louisberg, Nova Scotia where they were transported to Halifax.

May 6,1912

• The cable ship Minia returned to Halifax, Nova Scotia with 17 bodies from Titanic . Only 1 had died from drowning and the rest from exposure.
• The will of John Jacob Astor IV, who died in the Titanic disaster, was probated. His $150,000,000 estate (worth more than $3.3 billion in 2012)^[17] was left to his 22-year-old son, Vincent Astor.^[18