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MARINE REVIEW. | : --_-- ---- The Final Determination of a Novel and Important Point. Few cases are better known in lake marine circles, and among marine insurance people generally, than that of the J. P. Donaldson. On November 19, 1880, the propeller Donaldson left Buffalo, haying in tow the barges Bay City, Wesley and Eldorado. On the morning of the 20th a gale was encountered about off Erie, and an attempt was made to make that port for shelter. The violent squalls and heavy seas, however, drove the propeller and her tow bodily toward the shore. The propeller used all her power to prevent herself and barges from going ashore, until the master of the Donaldson saw that is was inevitable that the barges would go ashore, and any further endeavor on his part to prevent involved, almost certainly, the loss of the propeller and would imperil the lives of her officers and crew, all without benefit to the barges. In this view, after timely warning to the barges, the line between the propeller and first barge was cut. Being thus disencumbered, the propeller succeeded in saving herself, and the barges were driven ashore. In January, 1881, libels were filed in the District Court of the United States at Detroit against the Donaldson, alleging that the loss of the barges was due to their improper and negligent abandonment by the popeller. On the hearing it was further urged that if the popeller could be exonerated from negligence, nevertheless she should be held liable for her proportion of the value of the lost barges in general average; that a common, imminent and apparently inevitable danger threatened the whole, and the propeller transferred this peril from the whole to a part of the venture successfully, i. e. jettisoned the barges, and must, therefore, make contribution. The present Justice Brown (then district judge) held adversely to each of these claims, and dis- missed the libels. . The case was appealed to the circuit court, and the late Justice Mathews affirmed the decision of Judge Brown as to the claim based on negligence, and reversed it on the second ground, saying: 'The contract in the present case was for the whole voyage, in view of all its perils and contingencies, and completely identified the propeller with her tow for all the purposes of the enterprise, the success of which the towing vessel itself, as well as the tow, had mutually agreed to share as the sole price to each for their respective contributions to the common interest."' The compensation to be paid the propeller was a given proportion of the barges' freight. As to this, Justice Matthews said: "It had the effect to establish such a mutuality of interest in the enterprise as to constitute the towing vessel and her barges in tow a unit for the pur- poses of the voyage, so for that a voluntary sacrifice by the master in authority over all of a part for the benefit of the remainder thereby saved from destruction by a peril of navigation must be compensated upon the principles of general average." Under this decision, the contribution of the propeller in general average was fixed at $11,282.60. Meanwhile the circuit court of appeals was established, and the case was taken to that court, which, desiring the instructions of the Supreme court, certified the question to it for determination, viz., whether the law of the general average contribution is applicable to such cases. The case was submitted to the supreme court in March, 1896, Harvey D. Goulder appearing for the Donaldson and F'.H.Canfield for the barges, and on the 24th inst., the opinion of that court was filed, concurring in the opinion of Mr. Justice Brown when district judge, that "the law of general average is confined to those cases wherein a voluntary sacrifice is made of some portion of the ship or cargo for the benefit of the residue, and. that it has no application to a contract of towage,"' The case was a novel one, and the question certified to the Supreme court and answered in the negative had never before been Submitted to any court of final jurisdiction. It is a happy conclusion of a long litigation. It would have been most unfortunate if the Supreme court had so broadened the doctrine of general average that it could embrace more than a single ship, her cargo and freight list. The doctrine of general average contribution rests upon the established law of the sea, "in the light of and subject to which all owners of ships and cargoes undertake maritime adventures." No principle of law has continued for so long a time in so many different jurisdictions with so few violent modifications. No "similar principle obtaizis out- Side of maritime law, but from the earliest recorded time to the present: seafaring men have been of a single mind, to-wit, that which in the Presence of imminent peril has been sacrificed for the good of all, should be made good by the contribution of all. Whether this has its origin in natural justice, or in implied contract or agency, it rests in justice to all "and is older than any other law or rule in force."' Every maritime nation in the world has yielded it willing obedience; every owner and every shipper has experienced its beneficence; its age renders it venerable, and bears unassailable testimony of its even justice. To make it applicable to more than asingle vessel would have been the extinction of the old principle and the establishment of an entirely new one, and would have introduced anomolies not rest- ing upon the established law of the sea and not to be reconciled with it. This case will undoubtedly be determinative of similar questions arising in the courts of any maritime nation. Suggestions Regarding Gas Buoys. A list of places where gas buoys would prove of great assistance to navigation has been submitted to the Lake Carriers' Association by Mr. E. T. Evans, general manager of the Anchor line, who has con- sulted his captains in the matter. As in other cases, the list include some locations for which gas buoys have already been provided. It is as follows: Lake Erie---Waverley shoal; Seneca shoal; Grecian shoal; Mouse island reef; Starve island reef; Niagara reef; Erie pier in place of can buoy; Sturgeon point; Dummy light; Grubb's reef, W. N. W. of Dummy light; shoal 34 miles 8. E. of Point Pelee main light; middle ground at Point Pelee; Little's point, N. W. of Colchester light, and Rose's reef, W. by 8. of Buffalo harbor. Lake Huron--Point Aux Barques reef; Martin's reef; Middle island; Thunder Bay, north point; Mackinaw island, south east end; Raynold's reef, and Shoal W. 8S. W. of Spectacle reef light. Detroit River--West bank below Ballard's reef. St. Clair river--Lower end of Stag island; head of Russell's . island; middle ground between Port Huron and Sarnia, and upper and iower ends of Woodtick island. Straits of Mackinaw--Waugoshance 16-foot shoal; Hog island reef; shoal south of Graham shoal; shoal E. S. E. 14 miles from Gray's reef lightship; Graham shoals, one on each; Vienna shoal and Cheboygan shoal. . Lake Michigan--Gravelly island shoal; east end of Racine reef; Squaw island shoal; Boulder reef; Poverty island shoal; nine-foot shoal, Rock island passage; Lansing shoal; Milwaukee south point; entrance to So. Chicago; Hyde Park, outer shoal; So. Fox island, 4} miles south of (13-foot shoal.) Fisherman's shoal; St. Martin's shoal]; Garden island shoal; Gray's reef, and Richard's shoal, W. by S. from Beaver island, Green Bay--Drisco shoal; Peshtigo point; Long Tail point, and Death's Door. St. Mary's river and Lake Superior--Round island shoal; Pointe Aux Chenes; turning point at upper end of Mud lake; Pointe Aux Pins; middleground, point Iroquois, one at each end; 5-foot shoal, Detour passage; Grand island, east entrance; Grand island, west en- trance; S. W. end of Magdalene island, and Dark Hole. Large Boulder in the Detroit River. A very large boulder with not more than 16 feet of water over it was found recently in the Detroit river, after it had been struck by two vessels. It is too large to be removed at present with the appli- ances that are being used for clearing odd shoal spots. This obstruc- tion is abreast of the Ballard's reef light ship, and 2C feet east of the channel indicated by the Duff & Gatfield range, being about 120 feet east of the range line. Vessels should keep to the west of the channel at this point. The large single-sheet chart of Georgian bay, just issued by the British admiralty, was prepared from the surveys on which Staff Commander J. G. Boulton, R. N., has been engaged for several years past. This chart may be had from the Marine Review for $1.75. The price is higher than is usually charged for navigators' charts, but this one takes the place of probably ten sectional charts and is corrected . up to date. A list of country homes along the south shore of Lake Erie open to summer boarders will be mailed to any one enclosing a two cent stamp to B. F. Horner, general passenger agent of the Nickel Plate road, Cleveland, Ohio. 54 Jul 15