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2 - ' E E January, 1912 court held that the agreement be- tween the companies affects foreign commerce because its operations must divert a part of the commerce from the natural channels of free compe- tition into fixed channels assigned to the parties to the agreement. The contention that the combination was formed: in a foreign: country: is /im- material as it affects the foreign com- merce of this country and is to. be put in operation here. The exact lan- guage of the court is as follows: "The agreement directly and materi- ally affects foreign commerce and is partly intra-territorial, because it is to be carried out in part in the United States. eastbound traffic, it is evident that the Confining ourselves to the contract contemplates the solicitation of business, the making of contracts of carriage, the taking on board of passengers and the actual commence- ment of. transportation within the territory of the United States. It re- quires acts to be done in this country; such acts are as material and essen- tial as those to be performed abroad, and the part of the contract requiring them cannot be. separated from the remainder. "The prohibitions of the anti-trust statute apply broadly to contracts in restraint of trade or commerce with foreign nations. This contract direct- ly and materially affects such com- merce, and if it unlawfully restrains it, it comes within the statute. - "We see nothing to warrant the contention that the act should be narrowly interpreted as prohibiting © only contracts which are to be « per- formed wholly within the territorial jurisdiction of the. United States, nor --_if it were for us to consider--any: ° reason for concluding that a broader construction would lead to: interna- tional complications." / Olympic-Hawke Collision Case. The decision of the admiralty court in the Olympic-Hawke collision case will be read with interest everywhere. The Hake collided with the Olympic in the English channel on Sept. 20, striking her on the starboard quarter * reply. "TAE Marine REVIEW and punching a deep hole both above and below the water line, necessitating The early accounts seemed to indicate that extensive repairs to the liner. the cruiser had attempted to cross bows but that endeavored to get under her stern. the Olympic's later According' to the decision this ap- The court: has held that the courses of pears not to have been the case. the two vessels were crossing rather than parallel and holds the Olympic to blame for approaching too close What actually hap- had within a certain distance of each oth- to the 'cruiser, pened when the vessels come er is that the Hawke was irresistibly drawn to the Olympic by the suc- tion of the greater ship. This par- ticular phase of the case was dem- onstrated to the court by Naval Con- David We «Taylor; "ot tie who has made structor United States navy, elaborate experiments of the effects of suction in the tank at Washington. This force has' long been known on the great lakes where ships are con- stantly meeting each other in re- Suction has fig- ured extensively in lake cases, but this is the first time that stricted waterways. collision it appears to have attracted any at- tention abroad. The force of suction is so. generally recognized on the lakes that it is avoided altogether. Most steamship companies have given strict ordgrs to their masters as to how - they 'may -approach other vessels in the rivers. The sympathy of the practical nav- igator is, of course, with the Olym- pic in. this unfortunate occurrence. 'When the vessels sighted each other the Hawke had: the: Olympic on her starboard bow, while the Olympic had the Hawke 'on her port bow. Both vessels were proceeding for a narrow- channel, the Olympic under a starboard helm and the Hawke under a port helm. The Olympic signi- fed her intentions hy a_two-blast whistle to which the Hawke did not If the Hawke was unwilling that the liner should take precedence she should have blown an alarm. The collision was the direct result of this failing. 'Erie docks 17,453,258 tons in 1908, 29,737,018 tons 'to, are determined in this way: First, -May 1, as compiled from figures re- ' : 2 7 Ore on Lake Erie Docks Figures compiled by Tur Marine Review from the: returns sent in by the various dock companies show that iron ore receipts at the Lake Erie: ports during the season of 1911 were 25,- 531,550 tons, out of a total movement of ore by lake of 32130411 tong Lake Erie docks on Dec. 1 held a balance of 9,131,664 tons, which is the largest store on hand in the_ history of the traffic with the exception of last year when the docks on Dec. 1 held a balance of 9,426,881 tons. "During 1910 the total shipment by lake was 42,620,201 tons, of which Lake Erie docks received 34,042,897 tons and held a balance on Dec. 1, 1910,. of 9,426,881 tons. During 1909 the total shipment by lake was 41,- 683,873 tons, of which Lake Erie docks received 33,672,825 tons and held a balance on Dec. 1, 1909, of 8,965,789 tons. During 1908 the total shipment by lake was 25,427,094 tons, of which Lake Erie docks received 20,414,491 tons and held a balance on Dec. 1, 1908, of 8,441,533. tots. Dur- ing 1907 the total shipment by lake was 41,288,755 tons, of which Lake received 35,195,758 tons and held a balance on Dec. 1, 1907, of 7,385,728 tons. The reserve of 9- 131,664 tons is more than will be needed for winter consumption. Never in the history of the trade have 5,000,- 000 tons gone forward from dock to furnace during-the-winter season. Shipments to furnace between May 1 and Dec. 1, 1911, aggregate 23,178,- 370 tons, compared with 30;060,096 tons in 1910, 30,077,304 tons in 1909, in 1907, 27,615,392 tons in 1906, 24,311,- 720 tons in 1905, 16,658,806 tons in 1904, 16,903,013 tons in 1903, 18,423,364 tons in 1902 and with 14,204,596 tons in 1901. ; The shipments to furnaces during the season of navigation, as referred we have the amount of ore on Lake Erie docks 'as of May 1, last, 6,778,- 494 tons; add to this the receipts of the season just closed, 25,531,550 tons, and the total is 32,310,044 tons; de- duct the amount on dock, Dec. 1, 9,- 131,664 tons, and we have 23,178,380 tons as the amount that was forward- ed either direct or from dock to fur- nace yards. The ore on dock, as of ceived from the dock companies amounted to 6,850,285 tons. This tot- al, however, included April receipts, amounting to 71,791, which must of course be deducted before adding re- «