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LAKE LITIGATION. - IMPORTANT INSURANCE DECISION, CORRIGAN TRANSIT CO. VS. THE MAJESTIC. (District Court, N. D. Illinois, March 16, 1896.) MARINE INSURANCE—SUBROGATION—COLLISION.—It is no reason for dismissing a libel for collision that some of the underwriters who underwrote the vessel in fault also underwrote the other vessel, and that the damages to the latter vessel have been paid by the underwriters, since that does not render the proceeding a suit of par- ties against themselves. In Admiralty. Libel for collision by the Corrigan Transit Co. against the steamer Majestic. Grosscup, District Judge. The Australasia, belong- -ing to the libelant, came in collision with the steamer Majestic, in consequence of which they both suffered in- juries. The libel charges the Majestic with having been the cause of the collision. Upon this, after default, a decree was taken, finding the Majestic to have been in fault, and for damages. ‘The underwriters of the Aus- tralasia and Majestic, respectively, were, with some _ exceptions, the same parties. My recollection is that three of the parties underwriting the former did not un- derwrite the latter. It appears that the damages to the Australasia have been already paid by her underwriters. Iam not advised, however, whether the damages to the Majestic have yet been paid or not. In either instance, however, my conclusions would have been the same. Some of the underwriters of the Majestic now move that the decree finding her in fault, and assessing the dam- ages, to be set aside, and the libel dismissed, and, in support of the motion, contend that the libelant had at the time of the decree no remaining cause of action against the Majestic, for the reason that its damages had been satisfied by the Australasia’s underwriters. It is insisted that, because some of the underwriters of the Australasia were also underwriters of the Majestic, this suit, which is beneficially for Australasia’s under- writers, becomes in substance, a suitof parties against themselves. I do not assent to this proposition. In the absence of satisfaction of its damages, the right of the libelant to bring this action against the party in fault is, of course, incontrovertible. The receipt of its dam- ages does not affect this right, except to enable the underwriters who have paid them to intervene, for the purpose of having a share in the control of the case and the results of the judgment. The underwriters of the Majestic have not underwritten her liability for a tort. Their contract is to make the Majestic as good as she was before the collision. ‘The lien of the libelant and his interveners may, on proper process, be extended, not only to the remnant of the Majestic, but to the fund which covers her injury. The remnant and such fund together constitute the res against which their right of lien and action may be made torun. What effect aninnocent payment to the owners of the Majestic might have upon the liability of her underwriters I am not now determining. Now, the fact that some of the parties who are en- titled to intervene, under the libelant, are at the same time liable to make good to the res, against which the lien of the court runs, what otherwise would be lost, does not prevent this action taking the same course as if the interveners and the parties liable over to the fund were, in their personality, entirely sep- arate. ‘The most equitable course open for me is to give to all parties having contributed to the owners of the Australasia, on account of her damages, leave to inter- vene under the libel. If any of the underwriters of the Majestic wish to contest the question of her fault for the collision, or wish to contest the extent of the damages suffered by the Australasia therefrom, and can make a proper showing of the probable existence of either of these defenses, I will open up the decree to the extent of giving them leave to defend upon such terms relating to costs as would be equitable. I will permit the libelant, and the interveners under them also, to make the under- writers of the Majestic parties, for the purpose of ascer- taining the respective amount of their liability, if there be any, on account of the injuries to the Majestic, and to require them to pay such amounts into the fund against which the lien runs. In this way, each under- writer can be compelled to pay his equitable portion of the loss on both ships, and willalso receive his equitable THE MARINE RECORD. portion, by subrogation to the rights of the owner of the vessel not in default. FLOTSAM AND JETSAM. Ore shipments from Marquette last week aggregated 65,600 tons. Chatham, Ont., improvements. Capt. C. M. Ennes has been appointed to the com- mand of the M. C. Neff. Carkin, Stickney & Cram’s dredge No, 17 has com- menced work on Sandusky’s harbor improvement. David Sebastian, Jr., has bcen appointed to succeed John Sebastian, Jr.,as caretaker of the Lake George crib lights. Capt. C. J. Ennes will bring out the Rockefeller steamer Sir William Fairbairn, nearing completion at Wyandotte. Capt. Gilbert Isham, at one time prominent on the Ohio River, died Sunday evening, August 16, at his home in Cincinnati. The Buffalo Dredging Co. has sued the steamer Siberia on aclaim of $600 damages incurred by the Siberia sinking a mud scow last April. Frank H. Doty, well known in Canadian shipbuilding circles, was killed at Hanlan’s Point, Ont., on August 7, by an accidental blow from acapstan bar. He was 46 years old. The Lake Michigan & Lake Superior Trans. Co. has reduced its rate on first-class freight between Chicago and St. Paul to 25c. The Lake Michigan Car Trans- portation Co. promptly met the rate. Capt. D. P. Craine retires from the command of the steamer Ferdinand Schlesinger to take command of one of the new Rockefeller ships. Capt. Wm. Lund has been selected as master of the Scklesinger The work of rebuilding the Manistee piers above the water line has been completed. Four bundred and seventy-five feet of new piers were put in on the north side of the channel, and 225 feet on the south side. The steambarge Liberty has taken a quantity of material, including shingles, brick, cement, pumps, etc., to Cana Island and Bailey’s Harbor, where Mr. Richard Goll is in charge of some extensive lighthouse repairs. Edward Chambers has been promoted to be keeper-of the light station at Stannard Rock, Mich., vice Wm. H. Prior, transferred, and Joseph I. Bishop has been appointed keeper of the Point Iroquois light station, Michigan, vice Chambers. The KHdward Hines Lumber Co., Chicago, has pur- chased the entire season’s cut of the mill of the Spauld- ng Lumber Company at Cedar River, the cut being estimated at 30,000,000 feet of excellent lumber. This will all be moved by water before the close of navi- gation. On August 6, 1896, the steamer Shenango No. 2, off Erie harbor entrance, struck a shoal with less than eleven feet of water over it and thirty feet of water in close proximity on all sides. ‘The shoal lies about a mile and a quarter from the outer end of the north pier, exactly on range of Presque Isle beacon and Erie range beacon No. 1. Improvements in the harbor of South Haven com- menced yesterday. New timber work is being built, and if the funds that can be used for this purpose are suf- ficient, it is intended to extend the piers from 200 to 300 feet further into the lake, making South Haven one of the best harbors on the east shore. Mr. R. LU. Hurst is in charge of the new lighthouse work at Plum Island, and has a crew of 30 men. ‘The schooner S. B. Paige is carrying 164,000 brick from Kewaunee to the island. Nearly all the woodwork for these structures was consumed recently in the Green Bay Planing Mill Co.’s fire. The new work there will consist of an iron skeleton truss tower 70 feet high, which will be the upner light; a range for the lower light, fog station, keeper’s dwelling, barn, boat-house, oil-house, etc. Capt. Martin Knudson, now keeper of Pilot Island light, will probably be transferred to the new light station when it is completed. i _ The lists of vessels and other information contained in Beeson’s Marine Directory render it a complete and invaluable hand book of reference for any requiring in- formation in regard to lake shipping—Marine Journal, New York. For sale at MARINE RECORD OFFICE, $5. will spend $30,000 for water works f THE LIBRARY TABLE. The September Century abounds in articles of timely interest, and in an tunusual variety of fiction. Mr. Richard Burton gives an account of the life of Mrs. Harriet Beechet Stowe, author of ‘‘Uncle Tom’s Cabin,” which is illustrated by several portraits, including the frontispiece, from a daguerreotype taken in 1852, and a facsimile of original manuscript of the story. Mrs. Joseph Pennell continues her story of a ‘‘Midsummer in Southern Spain,” with illustrations by Mr. Pennell. Prof. Henry Fairfield Osborn describes ‘‘Prehistoric Quadrupeds of the Rockies,’’ with curious pictures of the extinct beasts. The number also contains the second paper of E. J. Glave, describing his ‘Journey to the Livingstone Tree.’’ ‘‘The Gold Fields of Guiana,” by an Arizona miner, and ‘'The. Bicycle Ontlook,’”’ dis- cussed by I. B. Potter, chief consul of the New York division, L. A W., are both of timely interest. +3 Arena for September presents the usual menu of good things, but its leading article is a discussion of “The Currency Question,” by Wm. J. Bryan, the Democratic candidate for President, this being a reprint of the ar-— ticle contributed by him to this review in February, 1895. The number contains two full-page portraits of Mr. Bryan, and a eulogy pronounced by the editor. Other topics discussed are as follows: ‘Evils of Land Monopoly,” Rev. W. B. Williams; “Is a Universal Re- ligion Possible?” by I: N. Taylor; ‘“‘Right of Women to the Ballot,” by Chas. H. Chapman; ‘Free Silver and Prosperity,’? Wm. P. St. John; ‘‘Model ‘Model -Tene- ements,’’? W. H. Tolman, Ph. D.; ‘Inherited Wretched- ness; Should Consumptives Marry?’’ by Paul Vaquin, M. D., V. M.; ‘“‘The Negro’s Place in History,’’ by pie Willis py rr THE FIRST BRITISH YACHT. Capt. C. W. McKay, son of the celebrated shipbuilder, Donald McKay, and himself a designer and builder of many swift fore-and-aft vessels, has rediscovered ‘the original British yacht. He says: ‘‘Phineas Pett, who invented the frigate, as is recorded on his tomb, also built the first yacht, as we now understand the tee When a young man Pett made a voyage to Levant. He was two years knocking about the Mediterranean and adjoining seas, during which time he industriously studied the war craft built by the Genoese and Vene- é tians, who, at that time, were the greatest and most skill- ful shipbuilders in the world. On his return to England he was made Assistant Master Shipwright at Chatham, and, in 1603, he was commissioned to build a yacht for — the young Prince of Wales, Henry, to disport himselfin about London Bridge. The littie vessel was carved, gilded and painted to the highest degree. She was twenty-eight feet long and twelve feet wide. The Prince christened her Disdain, and Pett was made captain.” os : VISIBLE SUPPLY OF GRAIN. As compiled for THE MARINE RECORD py George F. Stone, Secretary Chicago Board of Trade, Avensis 1896: RYE. : r WHEAT. CORN. OATS. BARLEY. sgh este ee Bushels.| Bushels.| Bushels.} Bushels.] Bushels. AIDED VE igs an eiecare Se pe ee 25.000 60.000 na al Saseneaeeee Baltimore.........-. 1,291,000} 1,469 000 208.000 44,000) ..0 0. .o. 8. Boston teas 1,029,090 622 000 228 000): 2ST ee eee Buffalo af Hh ; - ae eee 1,265,000 434,000 230,000 109,000 206 000 . afloatie~ <a aipiwins 3g acess [neg Saabs: 2 Sadia ie: Goesae O eael amet eee ae pa 4 ti at i aretha 12,962,000} 5,718,000} 1,392.009 358.000 26 000 , a 0-1 eae Daher Wa err caus Boric crn oes Iie nes po doeve beae ia 9,000 1 000 12.000 4.000 11,000 413,000 29,000 32,000 DG.000 os cate Duluth and Supe ior “4, 621.000 20,000 232,000 234,000 155,000 OAUIE caste ohare oe ae Preis cub eer tec rss ns sahee Indianapolis........ 403,000 G1 000) a 5:0" soy seh aasaia aoe 45s Nipieae Kansas City........- 781,000 23,900 37,600 52,0001. fon Sane Milwaukee eT sect nae 293,000 TOOON OF aoe 236 000 38,000 MMOD. 255 | hse Soeew Sige THEO eee Minneapolis......... Bo 660 000 12 000 126 000 43 000 10,000 Montreal .........- 237.000 56,000} 187,000)... 2.2... 36,000 New York........... 2,348,000} 1,888 000) 1,603,000) 22,000 88,000 rf afloat 80.000 8,000} 152 000)... sh ae SWE Ontrints ste inca 30,000 D5 WOOls scp steve al thes Sauk 33,000 PeOOTION.. Core aiemen te 166.000 60 000. 381,000 18.000 3.000 ern Bee ok Meh 470.000 231.000 156: 000) 555 RO ee [ OMI es cies 2,931,000 845,000 103,000 18 000) .......60% $ BTL ODiTiiice pane | «gat eh Seem ora a aoe ce ence | ee ee ase eats tal MOlbdd vecut 796,000] 107,000 212,000! °""” xO00) 27727 TEEE Toronto , 108,000]... 56: 65.000] 22. 2.o 2. 22,000 On Canal. ++e| 1,272,000 274.000 531,000 338,000 20,00 OD UBKOS; cya anaes 2/249'000| 2,411,000| 761.000 103,000 92,00 On Mississippi...... 160, 000} 124,000 B3000) 375 rik: SSE Grand Total ........ ‘45.574 000] 13 964,000) 6 735,000] 1,699,900] . 740,000 Correspondinz date ‘ 1896 2. RS 35,438,009) 5,407 000) 3.403 000 443,000 100,000