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NLA By Harry Bowne Skillman E 7 Attorney at Law : UUU0tHHNUVCCtC Fh... xs isiniiciiicici\nii cincinnati HE German vessel KaisER WIL- HELM II was at Southampton, England in the months of June and July, 1914, and had certain repairs made by, and received certain necessary supplies from, a British corporation. The vessel then proceeded to this coun- try, and while at dock the European war broke out. Thereupon libelant filed a libel in rem for the repairs and sup- plies, and it was held, in the opinion re- ported in 230 Federal Reporter 717, that as neither the laws of England nor those of Germany, which were pleaded, give libelant a lien or right to proceed directly against the vessel, the suit could not be maintained, although in the ab- sence of a showing of such foreign laws our own law would be applied. It appears, from the decision, that the Ger- man government, by decree of Sept. 30, 1914, forbade its subjects from making any payments to British subjects, and that on Sept. 9, 1914, the British gov- a ernment promulgated a similar decree, and parliament shortly after passed a statute, known as the Trading With the Enemy Act. In view of these decrees, it was said that a court of admiralty of the United States, in a case where its action is discretionary, will refuse to entertain jurisdiction of a suit between subjects of the two countries to enforce payment of a claim arising in a foreign country. ee ene “Due care requires,’ it was said in the case of GoverNor, 230 Federal Re- porter 857, “that the judgment of the officers when dealing with injured sea- men should be exercised, not only with such knowledge as they possess, but also with such as they can readily acquire.” It was held in the above case that fail- ure to call a physician until 11 hours after the injury, one being available an hour thereafter, constituted negligence rendering the vessel liable in damages. ** * * New York Central No. 18,230 Federal Reporter 299, decides that the starboard hand rule applies to a boat which is approaching on a crossing course, and which must pass other boats in motion and affected by the tide, even though they do not seem to be navigating in a definite direction at the time. A drift- ing boat, with power available, is re- sponsible for any effect of her move- ments undertaken while drifting, unless a proper signal is. given. eR ke A tug which went to the assistance of a steamship stranded on a reef, and for more than 50 hours pulled con- stantly, rendering valuable service in preventing the swell from driving such ship further on the reef, was held ens titled to salvage, in the case of -CELTIC Cuter, 230 Federal Reporter 753, though her hawser was cut and she was dis- charged from further service on refusal mn ee @ @ Late Decis Legal Tips For Ship Owners and Officers Specially Compiled for The Marine Review of request of master of the ship to give her place to a larger vessel, she, however, conunuing to stand by. Rk Peace A vessel which undertakes a towing “service is not an insurer of the safety of the tow. It meets the full measure of its obligation if it is reasonably ade- quate to the towing service, ana is in charge of men who possess and exer- cise the skill and care ordinarily exer- cised by those having experience in like service; and where the master is shown to be experienced and competent, much must be left to his judgment and dis- cretion, and the burden rests on the owner of the tow to prove that loss or injury thereto resulted from negligence on the part of the tug—Hardy, 229 Federal Reporter 985. Oe ee Where all hands on a fishing vessel ship on the lay, but the cook is to re- ceive an extra of a certain sum per day or month, the extra wages due the cook, it was held in Metrracomet, 230 Federal Reporter 308, are a preferred charge against the catch, and, in the absence of any different agreement, the vessel is not liable therefor, where there was no catch. And where an owner lets his vessel to a master on a lay by which master and crew are to pay all running expenses, and master ships his own crew, they are not partners with the master in the enterprise, so as to. be liable with him for’ advances made to him by the owner for running expenses. * * * The Harter act was involved in the case of CoAstwisE, 230 Federal Reporter 505, and the court presented the ques- tion as follows: “The owner of a barge charters her to carry a cargo between ports. He provides a tug, also belong- ing to him, to tow her. Both barge and tug are seaworthy, and are _ properly manned, equipped, and supplied. The barge and her cargo are totally lost by negligence in operating the tug. Does the Harbor act relieve the tug from liability?” The court then cited the case of Baltimore & Boston Barge Co. vs. Eastern Coal Co., 195 Federal Reporter 483, and decided that such act did not apply, and that the tug was liable for loss of the cargo. a ee The case of Brooks et al vs. Hilton- Dodge Lumber Co., 229 Federal Re- porter 708, holds that where a cargo of lumber was purchased from a charterer to be delivered at the purchaser’s wharf under an agreement to supply “suitable berth on arrival for receipt of the lum- ber in accordance with rules of port”, the purchaser was bound not only to furnish a suitable berth but also to do nothing to prevent receipt of the lumber from the vessel in accordance with the rules of the Maritime Exchange, and it is liable to the charterer for demurrage 314 sc INA wy it was required to pay because of delay caused by the purchaser. In the same case it was said that in the absence of agreement to the contrary, it is the duty of the vessel to load and- discharge cargo, and such duty should not be transferred to the charterer, unless the intention of the parties to do so is clear. kk Ok Whiskey is not necessary for the navigation of a ship, it was decided in STERLING, 230 Federal Reporter 543. That case involved a construction of the act of Congress (Comp. St. 1913, section 7783), which gives a lien for supplies, libelant contending that certain liquors which he furnished for use by the crew of the fishing boat STERLING were neces- saries;. The court said: “The term ‘necessaries’ includes whatever is fit and proper for the service upon which the vessel is engaged or whatever would have been ordered by a prudent owner, if present. It is sufficient if the ar- ticles form part of the actual and rea- sonabel outfit of the vessel for the busi- ness in which it is engaged. Supplies may be considered of two classes: First, those which are necessary to the naviga- tion of the ship; and, second, those necessary for the venture in which the ship is engaged. Sufficient food, suitable clothing, proper shelter, and such luxur- ies as contribute to the comfort and convenience of the seamen are neces- saries. While these seamen may have the habit and desire to consume spiritu- ous liquors, other seamen might have other desires craving to be satisfied, and can it be said that the rule is so flexible as to be adjusted to the habits or de- sires of seamen, rather than necessaries for the navigation. of the ship, or for the safety and comfort of the crew?” 2k 2K * Cancellation of a charter. party and withdrawal of a vessel from a charter party are not the same, it was decided in Luckenbach vs, Pierson, 229 Federal Reporter 130. Withdrawal of a vessel means that the owner shall deprive the charterer of any further enjoyment or use of the vessel and take it into his own exclu- sive possession. This can be done, even where the vessel is at sea, provided she is light; but if there be any cargo on board no withdrawal can be made until the cargo be relanded if the vessel is at the loading port, or until it be dis- oes if she is at sea or at destina- ion. A charter calling for $72,000 a month, believed to be one of the highest ever written for a vessel, was obtained re- cently for the steamer Kansas, owned by the American-Hawaiian Steamship Co. Kansas has been under charter to the France-Canadian line, engaged in carrying supplies to St. Nazaire.