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i898.] MARINE REVIEW. 13 TEN YEARS IN COURT. SUCH WILL PROBABLY BE THEsLENGTH OF TIME REQUIRED BY A THREE-OCORN- ERED COLLISION CASE--AN EFFORT TO ADVANCE OHIO-MATHER-SIBERIA OASE TO THE SUPREMX COURT. Away back in May, 1890, more than eight years ago, the steamer Ohio was sunk in the St. Mary's river (Mud Lake) by collision with the steamer Siberia. A three-cornered law suit was begun, as it was claimed that the Siberia when she ran into the Ohio was swung from her course by the wrongful approach of the steamer Mather, which was also bound down the river behind the Siberia. In the United States district court (Judge Hammond) all three vessels were held and damages were divided equally between them. Now comes a decision from the United States circuit court of appeals, sixth circuit, in which the case is reversed as to the Ohio, and the Siberia and Mather held for damages and costs, including those of the appeal, which amount in all to about $60,000. But the matter is not at an end even yet. It is more than probable that an effort will be made on the part of representatives of the Siberia to get the case into the supreme court, and if they are successful ten years will have elapsed between the final settlement and the time of collision. The Ohio, bound up Mud lake, coal laden and having in tow the schooner Sheldon, came into collision with the Siberia, bound down Mud lake, and was so injured as to almost immediately sink in 33 feet of water. The Siberia was the colliding vessel and sustained but a slight injury. The collision occurred between the can buoy and the entrance of the river into Mud lake. The Ohio sighted the Siberia and Mather just as she was east of and about abreast of the can buoy. The Siberia and Mather had just come out of the river and were distant from the Ohio about two and one-half miles. At that time the Mather was some 400 feet in the wake of the Siberia, and both were about heading on the can buoy. When distant about one-half mile from the Ohio, the latter indicated her intention to pass port to port by a passing signal of one blast. This was replied to by both with like signals of one blast. At that time these boats were about abreast, the Mather having overtaken the Siberia and being in the act of passing on the latter's starboard hand. When these passing signals were exchanged the course of the Siberia and Mather were nearly parallel, the Siberia being headed for the can buoy and the Mather for a "lump" beyond that buoy and slightly to the starboard thereof. They were then running very close together, the weight of evi- dence being that they were from 40 to 75 feet apart. At the same time the courses of the Ohio and Siberia were such as that if each held its course they would have passed each other at from 600 to 700 feet apart. The Mather was under a speed of about 10 miles per hour and the Siberia at a speed of about 9 miles. The Mather in a short time gained on the Siberia so that she was about one-half of her length in advance of the latter. Just at this point, and when the distance diagonally between the Siberia and Ohio was from 800 to 1,000 feet, the Siberia departed from her course and sheered suddenly to port, and within less than 60 seconds struck the Ohio on her port side, about 50 feet abaft.of her stem, making a great hole, through which she filled and rapidly sank. The district court found that the Siberia was at fault in not reversing so soon as her sheer began, and that it was negligent to experiment with the helm before stopping and backing; that the initial force which started this sheer was the suction of the Mather, which was at fault as an over- taking vessel in not passing the Siberia at a safe distance; that the Ohio was negligent in not stopping and backing so soon as the sheer was dis- covered. It was not surprising that this decision was reversed as to the Ohio. Almost everybody connected with the case was disposed to admit that, as the collision occurred within 40 to 60 seconds after the sheer of the Siberia began, there was little time for the master of the Ohio to even think, as against acting in the matter.This was the view taken by the higher court in letting the Ohio out. : The opinion of the circuit court of appeals dealing with the Mather and Siberia is quite lengthy. "It was prepared by Judge Lurton. "It is indisputable," says the court, "that the cause of the collision was the departure of the Siberia from the course she was on when about to pass the Ohio. An agreement to pass port to port had been established. If the Ohio and Siberia had each kept their then respective courses, they would have passed each other at a distance of 600 or 700 feet apart. This establishes a prima facie case of negligence against the Siberia, for this sudden change of course was the immediate cause of the collision. If this swing from her course was caused wholly by the wrongful approach oi the Mather, and could not have been prevented or broken before the collision by the use of all the means which were reasonably within the control of those charged with her navigation, she must be acquitted, for the cause of the collision would be a cause not produced by her. But the burden is upon her to show, not only that her sheer was caused by the wrongful conduct of the Mather, but that her own management was such, both before and after the sheer, as not to have contributed to the final collision." 3 ee ee ' This finding, according to representatives of the Siberia, requires that vessel to show inevitable degree of accident, and it is on this score that an effort will be made to reach the supreme court. It is claimed that the court treats the matter of mismanagement of the Siberia as a suspicion, but still requires that vessel to prove that there was no mis- management. The court does not actually find the Siberia at fault, mee cording to this claim, but still holds her because she did not prove that she was not at fault. : The Ohio was represented by John Shaw of Detroit and C. E. Kremer of Chicago; the Mather by W. C. Wisner of Detroit and Hoyt, Dustin © Kelley of Cleveland, and the Siberia by Canfield & Canfield of Detroit an Harvey D. Goulder of Cleveland. i 'on tickets via the Nickel Plate road are on sale Dec. 23 ae 30 and 31, 1898, Jan. 1 and 2, 1899, and are good returning to and including Jan. 3, 1899. With their splendid train service and low rates the Nickel Piate road adds a pleasing feature to the enjoyment of holiday travel. 275, Dec. 31 _BUFFALO'S IMMENSE FLEET. A SPEOTAOLE NEVER WITNESSED BEFORE IN THE GRAIN TRADE-- CHICAGO WILL BE SHORT OF WINTER STORAGE CAPACITY. Buffalo, Dec. 18.--There is a spectacle in this harbor just now that was never seen here before, and considering the stress brought to bear on the transportation business by it, there has never been anything like it before in the world. At 7 a. m. today there was afloat in Buffalo harbor 6,236,000 bushels of grain in the following sixty-three vessels: : Thousands. Thousands. NGAI cea see ce ee 32. Adriatic. .2.%h. sheers 8 ~ Al @eriais, oy ei retn tee tee 58 Australiaiiis ounce tae serpere 215 AMAZONASMAMe Geen 107 Abyssinial. iessissciss eia tenee 118 Barge LO isonet eel tiene 85 Barge loa.ue. whee oe ek tls 78 Cubas.citi, sits. 2 ee bites 20 City of Cleveland............ 75 Gentitiont: cena pee eee 40 Castalia: sijsaa serie eee 80 Colgate'. siins seen. he. 121 Carnegie: i iiidin en oiee ere 200 Mintpinec Citys ee see ete eee 197 Fedral init iit ieee ae ee 95 Butzgenal dein ee. ane. see 50 Griffin'. 383.56 ese eee eee 100 EN Oa ss een ee ae sek ante 25 Grover: .G2 ee AS Ae eee 18 Eharp ence eeeta ata eee teas 120 Holden... Heese Serer 223 Place alee eit eben 85 Ttalta' istic (hh SOR eee ee 91 JOWWGti a 23ee. Me eet atte ny es 50 Lackawanna /.-c338.a ee ae 60 Tamnising aie ee i ae ee ee 80 Louisiana: tin. 2 seer ae 59 Miaricoparth a5. has Deane ane 50 Maythami(: 2c 3 ee eae 120 Miaritania seine nae tetcene es 100 Sami Mitchellie seme 38 Miecostat: eee rena iee 90 Matoae ic iu. Sat Gee ee 101 Miontanaen, (2 tere see ee 50 Minnedpolismeesae arenes 125 PM Minin a Se, Seen ener 90 Norton' (her n era: eee 180 Naples a4) 25 ara ae: 106 Nicatagua: i222 eee 73 Oglebay. 2 sks eee 50 Qades*: et A eee 42 res qucelslemecerie eee 141 Paisley 280. 2et eee eee 56 Penobscot arc aie meee 150 Rees! S02. 20 ae See 160 Russias ra ee eee ee 55 Ramapo ne fa eee 116 Rochestersesic). ote see 59 Rockeiellersen sae ener 162 Republickaees sae ccs een: 120 Syracusetces 225 aes 84 SEONMIMCGMIOs o cao0o0c00000 0000 83 Superior iG@ity. 2.550 a0. foe 230 Ey LONE ae sei e sie eae gerne 137 Sitka: 3%.20 Jigeere oe 114 TERGV One Reo: Bare eee eros 63 Vanderbilt ......... nisecstol pee 50 MVictonyutiis tance ce Bie Beige 174 CG a fiw Agnes wee eee eee 125 Wilburs a eee on caaeae 65 Nakimatjctesia s..chasee. 6 eae 96 Malle. ck pee eens ae 166 A: total ofc aecinee ee 6,236,000 I would be pleased to see this list find a more permanent place of record than the daily press. It was practically all here before the idea of getting out again, at least to lay up, was abandoned. So far asi is now contemplated the entire fleet will winter here and there is more to come. The Bar Point ice fleet, now being released at an expense of $1,000 a day to be paid for the car ferries, numbers some twenty-seven vessels, that have about 2,000,000 bushels more of grain for this port. As to the time when the fleet will be liberated by unloading no one knows. All that the agents will say is that it will be well into January. Some are loaded for holding, though these mostly belong to the fleet now getting out of the ice. The elevators are doing all they can and so are the roads, but cars have run very short in all branches of business and as soon as they give out there is a stoppage somewhere, of course. We hear of no more threats of demurrage, for it happens that practically all that are loaded here now would have been unable to return to the upper lakes anyhow. Some might have taken coal, but that has been so cut off by the snow storms that it was almost impossible to get the vessels loaded that were chartered. Some were several days about it. There is an abundance of coal now. One dock has 20,000 tons and others report "plenty of it," but it came-too late. The situation insures a fleet to winter here that was never known be- fore, especially as to individual size. There will be about seventeen of the Minnesota and American Steel Barge fleets. Davidson will have more than a dozen, and all of the Zenith City boats will be here. It will make winter storage in Chicago high, and it is going to be a hard task . to find dock room enough for the vessels here. This morning the insurance agents took alarm. They had been asked to cover the floating cargoes, and they said that if a fire should break out in the harbor it would swamp some of the companies. A move was made to urge the fire department to set up a special patrol or in some way make sure that all possible precaution is taken. JOHN CHAMBERLIN. There is absolutely no truth in reports from West Bay City about F. W. Wheeler having ships to build. He is working very earnestly on the difficult task of trying to buy up the ship yard bonds on credit, and it is understood he has secured about half the issue at prices in some cases as low as 20 cents on the dollar. It is also understood that he has succeeded in inducing nearly all of the numerous creditors who brought suit against the Rockefeller ships to withdraw their claims. He is being helped in this, of course, by the Bessemer company, and it would seem, in fact, that the opening of the ship yard is entirely dependent upon these claims being wiped out, as Wheeler evidently has some kind of a promise from Mr. Rockefeller's representatives of a contract with which to begin work if all suits against the Bessemer boats are withdrawn. The promise, of what- ever kind it may be, evidently includes also the withdrawal of the large claims which the Bessemer company holds against Wheeler & Co. Under these circumstances, the yard when opened will undoubtedly be under the control of Wheeler personally and not the firm of F. W. Wheeler & Co. Officials of the navy department have decided that all torpedo boats now building on the Atlantic coast, or which have already been built, but have not had their governmental trials, shall be speeded over a course on the lower Delaware river. Commodore George W. Melville, engineer in chief of the United States navy, has been elected to the presidency of the Society of Mechan- ical Engineers.