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8 MARINE REVIEW. Marked Success With the Monitors. The first of the monitor type of cargo vessel, the Andaste, which has just taken 2,300 gross tons of iron ore from Escanaba on a draft of 14 feet ro inches forward and 15 feet 2 inches aft, can be pronounced a successful carrier. On this draft, 15 feet even, the Andaste's cargo is full 150 tons greater than cargoes carried on the same draft by the Wawatam and Griffin, boats in the same fleet that are of similar dimensions but of the ordin- ary type of steel steamers. President Henry D. Coffinberry of the Cleveland Ship Building Company, builders of the monitors, made the trip to Kscanaba on the Andaste and is very much pleased with the boat. The accompanying illustration, made from drawings pre- pared just before the boat was launched, shows the monitor after several important changes in the original design. The. second boat of this type, the Choctaw, is about ready for launch- ing at the yard of the Cleveland Ship Building Company. 'The boats dimensions are 266 feet keel, 38 feet beam and 23 feet hold. The triple expansion engines are 17, 29 ann 47 inches by 36 inches stroke, getting steam from two 11x12 feet boilers and furnished. 'The commissioners failed to comply, were prosecu- ted, criminally and verdict given in favor of the United States. © Motion-for new trial was made before Judge Sage in the United States district court at Cincinnati, who set aside the verdict and ordered a new trial. The action of Judge Sage was based on two grounds, one special to the case and the other attacking the constitutionality of that part of the river and harbor act out of which the case arose. It was held that the prosecution was premature because sufficient time had not been given the commissioner to recon- struct the bridge. But the main question, said Judge Sage, and that which goes to the root of the matter, is whether Congress has the power to confer upon the secretary of war the authority admitted: to be conferred by the act. 'he power of the secretary depends upon his having adjudged that the bridge 1s an obstruc- tion, and his adjudication is made final and conclusive. This 1s judicial power. The question is one of fact,or a mixed ques- tion of law and fact, and it can not be determined by a court without a jury unless the defendant consent. But the question to be decided is whether Congress could delegate, as it has un- dertaken to do, its authority in the premises to the secretary of war. His conclusion was that it could not. He ordered the turning an 111% foot wheel. The water bottom is 4% feet deep and is emptied and filled by a ballast pump with a 14 inch steam cylinder, 18 inch water cylinder and 12 inch stroke. 'The steam steering gear can be worked by two wheels, one on the windlass house deck and the other from the pilot house aft. Against Government Control of Bridges. Judge Sage of the United States District Court at Cincin- nati, who created a little stir among lake vessel owners by his decisions in two or three admiralty cases at Detroit a short time ago, has madearuling of importance with reference to the clause in the river and harbor act of September, 1890, giving the secretary of war supervision over navigable streams. He attacks the constitutionality of this clause in the act. A state bridge across the Muskingum river had been complained of as an obstruction to navigation.: The river and harbor act author- ized the secretary of war to investigate the complaint and if he found the obstruction to exist he was further authorized to pre- scribe the necessary changes, failure to make which subjecting the offending parties to a fine not exceeding $5,000. 'The secre- tary of war heard evidence, decided the bridge an obstruction to navigation and ordered the commissioners of Muskingum county to construct a new span according to plans and specifications verdict against the defendants to be set aside, and judgment en- tered that the sections of the river and harbor act upon which the prosecution was based are unconstitutional. That the case will be carried up there is little doubt. If the final decision should be against this special feature of the act of 1890 it would be very unfortunate for the shipping interests of the country. 'The Duluth and Chicago bridge cases and hun- dreds of other cases of a similar nature in different parts of the United States will rest mainly upon the constitutionality of this 'legislation. Saucelito is the name given to the wooden steam yacht building at the yard of the Detroit Boat Works for Mark Hop- kins of St. Clair, Mich. The boat was launched Saturday and will be ready for service during the yachting season. She is 120 feet long overall, 106 teet keel, 16 feet beam and 8 feet deep. She will be driven at an estimated speed of 16 miles an hour by a triple expansion engine, the cylinders of which are 9%, 14% and 24x14 inches stroke. Steam will be furnished by a Roberts boiler 7x8 feet. The Saucelito was designed by Mr. Fred A 'Ballin of the boat works and will cost about $25,000. Official Numbers and Tonnage. During the week ending Saturday, May 7, the bureau of navigation, E. C. O'Brien, commissioner, assigned official numbers to the following lake vessels: Steam--Kssen, Cleveland, 334.76 tons gross, 324.35 net, No. 136,285; Janie E. Smith, Cleveland, 24.06 tons gross, 12.86 net, No. 77,023; Oval Agitator, 94.15 tons gross, 63.39 net, No. 155,225; Monitor, Sandusky, 15.21 tons gross, 9.14 net, No. 91,472. late cer tan Ba ey