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6 MARINE REVIEW. Passing Signals in Fog. At the last annual meeting of the board of supervising inspectors of steam vessels, the following resolutions were adopted and have since been printed for distribution from the offices of local inspectors: Resolved, That pilots of steam vessels be instructed through the local inspectors, when licenses are being issued to such pilots, that the signals provided in the pilot rules for lakes, seaboard and western rivers, for steam- ers meeting, passing or overtaking, are never to be used, except when steamers are in sight of each other, and the course and position of each can be accurately determined, in the day time, by a sight of the vessel itself, or at night, by its signal lights. In fog, mists, or falling snow, when vessels can not see each other, fog signals only may lawfully be given, and pilots should, upon hearing the fog signal of another vessel ahead, or on either bow, run slow, with frequent stoppages, until the fog signals of the opposing vessel are heard abaft the beam. Be it further resolved, That these resolutions be printed in afoot note on the pilot rules when new editions are printed, and also in circular form, -- to be presented by the local inspectors to each master and pilot, when issu- ing to him his license. This resolution was printed in a circular from the board of supervising inspectors dated Feb. 19, 1894, and although little attention has been given to it in the newspapers, the subject is one of great importance. The man- ager of a large line of steam vessels, writing Attorney Harvey D. Goulder of Cleveland about the board's action in calling special attention to this feature of the steamboat laws, says: "I understand these are the regulations pre- scribed by the International Marine Conference, and under them, unless vessels can see each other or their lights, it is illegal to exchange passing signal whistles. I can not find that there has been any newspaper notoriety given to these new regulations since the circular from the board of was issued. I would like to ask, if under them, in case a vessel in a fog should blow two whistles, or a single whistle, or in fact anything but a fog whistle, would she, in case of collision, be held to have committed a fault? I sup- pose your Cleveland clients must have discussed this subject." Mr. Goulder, answering the foregoing communication, says: "We have heard very little talk here in regard to the circular of Feb. 19, 1894, concern- ing passing signals in fog. I think there is no doubt but that the law of 1885 applies to the lakes. By article 19 it is provided that in taking any course authorized or required by these regulations, a steamship under way may indicate that course to any other ship which she has in sight by the following signals on her steam whistle. It then provides that the use of the signals is optional, but if used the course of the ship must be in accord- ance with the signal made. The rules, which were the outgrowth of the International Marine Conference, are to become binding whenever the president makes his proclamation. These rules, in the twenty-eighth arti- cle, provide that when vessels are in sight of one another, a steam vessel under way, in taking any course authorized or required, shall indicate that course. I do not know the detailsof the supervising inspectors taking this action, but I am making some inquiry for particulars regarding it. I have heretofore corresponded with General Dumont and others of the board, calling attention to certain features of their rules for the lakes which were in conflict with statutes, and took occasion to suggest that the law of 1885 applied, and that there was serious conflict between that law and the rules of the board. This was winter before last. They did nothing about it at that time, and I am inclined to think they did not give due consideration to the matter. "Replying to your inquiry, whether a vessel using passing signals ina fog would be held in fault, I think it would be unwise to use them. The only decision I know of on the subject is by the circuit court of appeals for the first circuit, decided in Boston. The court says: "Ihe assumption of Capt. Crowell that he had a right, under the conditions in which he found himself, to use and act upon the signals specified in the nineteenth article of the sailing rules, was not warranted. By that article a steamship under way has permission--only permission--to employ the signals therein named for communication with 'a ship which he has in sight' They are not signals allowed in a fog or other state of the atmosphere, when sight is cut off. Absolute knowledge of the relative positions of the vessel, such as sight only can convey, is a prerequisite to their use. This case well illus- trates the great difference between the certain imformation of sight and conclusions resting on inferences from sound.' "The court then quotes the following from the supreme court of the United States: 'There is no such certainty of the exact position of a horn blown in a fog as will justify a steamer in speculating upon the probability of avoiding it by a change of the helm, without taking the additional pre- caution of stopping until its location is definitely ascertained.' "Tt seems to me that this decision answers the question, with this fur- ther consideration taken into account--that no fault is material unless it may be said to have, in some degree, directly contributed to the collision. The real gist of the fault to be ascribed to a vessel using passing signals in a fog would not consist so much in the blowing of the signals, as in seek- ing by the aid of passing signals and_ the use of the helm to navigate in a fog without the precaution of stopping and feeling her way by. It is held that where a vessel which comes into collision was violating a statute, she must establish that her violation of the statute not only did not probably contribute, but could not have contributed to the collision. A steamer using the passing signal in a fog would, therefore, find herself in this position: She would be violating a statute which provides that she may use the passing signal and depend upon it only when the other vessel is in sight, and the assumption would be that instead of observing the rule, slowing right down and coming to a stand-still if necessary and feeling her way by the other ship, that she had gone on, not simply using but depend- ing and relying upon the passing signal and the use of the helm. If she slowed down, and, if necessary, came to a stand-still and felt her way by, the use of the passing signals would beimmaterial. In practice that would result substantially to this: That the passing signals were used and the vessel got by without collision; the blowing of the whistle would lead to no damage and would count for nothing; but if a vessel used the passing signal in a fog so thick that she could not see the other vessel and collision resulted, it would be very difficult for her to establish that her action--not necessarily of blowing the whistle, but in consequence of the blowing and depending upon the prescribed method of passing instead of adopting the prescribed method--did not contribute in some way to the collision. As the court once said in respect to stopping and backing, it is always safe to stop and back, at least so far as respects a charge of fault, and I would say the same thing in regard to omitting to blow passing signals to a vessel not in sight, so long as the law stands as it is." In reply to this letter from Mr. Goulder, the vessel manager referred to says: "I have your interesting letter of April 3. In going over the sub- ject with our captains, I find they make continual use of the expression: 'If those Cleveland boats would only navigate according to law, it would be safer for all of us.' In asking them what they meant by the term 'those Cleveland boats,' I discovered that they mean generally the later type of boat that can run pretty fast, and I suppose their use of the term would apply to all of such boats, whether Cleveland boats or not. They tell me that it is a general custom of those fast boats to go through a fog, appar- ently running at full speed, and blowing a whistle which indicates that they have a tow, the notion being that having a tow other vessels will keep out of their way. I think additional safety for all lake vessels would result from a general discussion of these new regulations, with particular em- phasis on the fact that it is illegal to blow a passing whistle unless a boat is actually in sight." Programme for Introducing the Northwest. Mr. F. P. Gordon, assistant to Mr. John Gordon, general manager of the Northern Steamship Company, gives the following as the programme now outlined for the early excursion trips of the passenger steamer North- west. The boat, after leaving Cleveland at the close of the present month, will go direct to Buffalo and will be stationed within the breakwater en- closure there, where she will receive furniture and other cabin fittings that await her arrival. About May 15. when entirely finished, she will go to the company's dock at the foot of Main street and for three hours each morning for three days she will be open to public inspection. During these three days excursions taking up the afternoon and evening will be made with invited parties aboard. The first of these excursions in Buffalo will be tendered to managers of transportation companies and representa- tives of newspapers, about fifty of whom will be invited from eastern cities. A trip is then to be made to Cleveland, Detroit, Milwaukee and Chicago, in each of which places excursions similar to those occurring in Buffalo will be given, but probably during only one or two days, as against three days in Buffalo. From Chicago, the boat, with the small party in- vited to make the entire round trip, will steam direct to Duluth, and the guests will then be given a trip by rail to St. Paul. 'Then. with only the crew and representatives of the owners and builders aboard the boat will be taken for several trials on the deep open waters of Lake Supe- rior. The return to Buffalo will be made without stopping at any point, the boat arriving at the Lake Erie terminal in time to start on her first regular trip June 5. It can be definitely stated that no formal invitation has been extended to President Cleveland and his cabinet to*make a trip on the Northwest, and the president is not expected to doso. Secretary Lamont and Secre- tary Herbert together with Mrs. Cleveland and some of the ladies of the cabinet may be passengers on the boat at some time during the summer, but even this is simply a probability. Neither has any general invitation been extended by vessel owners to members of congress to. visit the lakes during the coming summer. Capt. Alex. McDougall, who was said to have made a request of this kind to members of congress while in Wash- ington looking after river and harbor legislation, was in Cleveland a short time ago, and explained that he simply announced that if some of the members of congress were desirous of making a trip up the lakes accom- modations could probably be provided for them, but, as he said, it would be absurd in him to extend an invitation to the entire membership of either the house or the senate without first consulting all lake vessel own- ers and making the preparations necessary for such an undertaking.