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THE MARINE RECORD. JULY 20, 1899. Almy’s Patent Sectional WATER TUBE BOILERS, NOW USED IN 21 Passenger Boats from 70 to 160 ft. long. 6 Steam Yachts from 50 to 180 ft. long. ae U. S. TORPEDO BOAT «STILETTO.” ne Numerous freight and fishing steamets, launches and ae stationary boilers are giving most excellent results. ALMY WATER TUBE BOILER CO., 178-184 Allens Ave., near Rhodes St., PROVIDENCE, R. 1. SHIPPING AND MARINE JUDICIAL DECISIONS. (COLLABORATED SPECIALLY FOR THE MARINE RECORD.) The master of a ship in a foreign port cannot, at common law, make the owners responsible for money not actually necessary, though he may pretend that it is. Hanschall vs. Swan, 51 N. Y. Supp. 42. A lien upon a vessel for damages caused by her fault to another vessel takes precedence of a maritime lien for sup- plies previously furnished to the offending vessel. The John G. Stevens, 18S. Ct. Rep. 544. The master of a ship in a foreign port gave a draft on the - owners for money advanced for wages and supplies. Held, the instrument was an abbreviated form of bottomry. Hanschall vs. Swan, 51 N. Y. Supp. 42. t No distinction can be made between the proportions of salvage charged against the different kinds of cargo ; and specie must bear its share of the common burden. Interna- tional Navigation Co. vs. The St. Paul, 86 Fed. Rep. 340. Cause for Discharge.—An assault upon the captain of the vessel by plaintiff after his employment had been termin- ated by defendant cannot be urged as a cause for the dis- charge in the defense of an action for a breach of the con- “tract. Gerardo vs. Brush, 79 N. W. Rep. (Mich.) 646. A contract for services such as are usually performed by ship’s brokers and business agents, and performed on land, is not a maritime contract, and cannot be made the basis of a maritime lien, which may be enforced in a court of admiralty. Grauman vs. The Humboldt, 86 Fed. Rep. 35!. A contract constituting a person general passenger and freight agent of a steamship, and giving him entire control of her passenger and freight business, is not a maritime contract, and a suit in rem in admiralty will not lie for breach of such contract. Grauman vs. The Humboldt, 86 Fed. Rep. 351. The right to claim a maritime lien for wages is not re- stricted to mariners who serve the ship with a peculiar nautical skill, but extends to all whose services are in fur- therance of the main object of the enterprise in which the ship is engaged. McRae vs. Bowers Dredging Co., 88 Fed. Rep. 344. Duty of Discharged Employe.—Where plaintiff was dis- charged by the captain of defendant’s yacht, having author- ity to make such discharge, he is not bound to find the de- fendant, and inform him of his discharge, and demand a continuance in his employ, in order to recover for & breach of the contract. Gerardo vs. Brush, 79 N. W. Rep. - (Mich.) 646. Master and Servant.—The captain of defendant’s yacht made a parol contract of employment with plaintiff. Plaintiff claimed that the engagement was for the season, but defendant contended that the captain had only author- ity to make a contract from month to month. A written contract had been sent to the captain by defendant’s attor- ney for plaintiff to sign. Defendant knew that plaintiff had been employed. Held, that the evidence shows a sufficient authority of the captain to make the contract for the sea- son. Gerardo vs. Brush, 79 N. W. Rep. (Mich.) 646. Liability of Carriers—Excluding Loss to Ship.—Although the owners of a vessel have been adjudged exempt from liability for damage to the cargo resulting from a fire due to the negligence of one of the crew, under section 3, of the Harter act, on the ground: that they exercised due diligence to make the vessel seaworthy and in fit condition for the voyage, and were without personal negligence or fault, they cannot maintain an affirmative action against the owners of the cargo for the contribution in general average to the ship’s loss; but where they are invited to such an adjust- ment by an action brought by the sole owner of the cargo, the ship’s loss must be taken into consideration, as the effect of excluding it would be to make the same act for which they are acquitted of responsibility by the statute the basis of an indirect recovery of a part of the damage which was in issue in the direct action. The Strathdon, 94 Fed. Rep. (U. S.) 206. Seamen—Voyage on Lays—Right to Lien on Vessel.—An agreement by seamen to serve on lays on a fishing voyage, made with the master, who has made an oral agreement with the owners of the vessel to ship the crew and to pay to the owners a specified portion of the proceeds of the catch, does not change their character as seamen, their shares being substantially wages, nor deprive them of their right to a lien therefor against the vessel, where the master, after disposing of the catch, absconded with the proceeds. The Carrier Dove, 93 Fed. Rep. (U. S.) 970. Salvage—Compensation.—An allowance of $13,000 for salvage services in getting a steamer off a sand bar should be reduced 50 per cent., though the steamer was worth $300,000, the value of the tugs employed being only $18,000, all the services being rendered under the direction and con- trol of the-master of the steamer, the real services which put her afloat being in the main, rendered by herself, operated by the master and crew, it appearing probable, the good weather continuing, that without the services of the tugs the master would have successfully floated her through the use of his own crew and appliances, no risk being in- curred by the salvors, and the tugs being exposed to no danger, the skill shown in rendering the services being of the ordinary kind, the labor being the ordinary employment of the tugs and persons engaged, the time employed being less than a day, and it appearing that extraordinary awards were given by the decree to members of the crews of the tugs, such as $300 to cooks and firemen, who performed no services out of their usual routine, and whose wages were $1 a day. Ulster S. S. Co. vs. Cape Fear Towing & Trans- portation Co. et al., 94 Fed. Rep. (U. S.) 214. Seamen—Personal Injuries—Irmproper Care—Liability of Master.—Plaintiff, a seaman, froze his hand while obey- ing the orders of the master of the ship. The steward put plaintiff's hand in cold water, and scraped a potato, which was put on his hand; but there was nothing to show whether the latter act was beneficial. Plaintiff was warned not to go near the fire: Nothing more was done until the end of the voyage, five days.later, when two of plaintiff's fingers had to be amputated. The usual plan of treatment for a frozen hand is to bathe it in ice-cold water, give an internal stimulant, and in a few hours increase the tem- perature, gradually bringing the frozen part into contact with ordinary température. The physician who after- wards treated the hand testified that he used oil on it to soothe the pain, and that it was proper treatment in case of frostbites; but it was not shown that the application of oil would have had any effect in curing the frostbite, or in preventing the injury which resulted; nor was it shown that the application of oil was known to the master, or was so commonly used for such purpose that he should have known of it. Held, that the master did not fail to provide proper treatment, so as to be liable in damages. Johnson vs. Holmes, 53 N. E. Rep. (Mass.). 1000. ————— oo It is probably not generally known, but lying in the wa- ter of Spring Lake near Ferrysburg, is the lower portion of the hull of the sloop Porcupine, one of the nine vessels that Com. Perry commanded in the memorial battleon Lake Erie in 1812, when the British: were vanquished. The Porcupine was taken to Detroit in 1830 and her name changed to the Caroline. In 1855 after long years of service, she was allowed to sink off Johnson’s boiler works at Fer- rysburg. So says the Grand Haven Tribune. Some enter- prising individual might reap a snug sum by turning the oak timbers of the vessel. into canes and selling them as relics. Adopted by the English, German, French, Russian, Italian, and United States Light-House Departments for channel and harbor lighting. Over 800 gas buoys and gas beacons in service. Burn a Continuously a from 80 to 365 days and nights without atten- tion, and can be seen a distance of six miles. Controlled by : THE SAFETY CAR HEATING AND LIGHTING Co. 160 Broadway, New York City. TREASURY DECISIONS. ADMEASUREMENT OF VESSELS. Freight rooms must be included in gross tonnage. TREASURY DEPARTMENT, BUREAU OF NAVIGATION, | ~ WASHINGTON, D. C., July 3, 1899. f - Sir: This office is in receipt of your letter dated the 27th ultimo, relative to a steamboat now building at your port, with a house 70.7 feet long, 7.2 feet high, and from 15 to 18 feet wide, the house being inclosed to the roof for 11 feet at the forward end, and for 22 feet at the after end, while the central part or freight room, 37 feet long, ‘‘is inclosed to a height of but 3 feet, leaving an open space of 4 feet on each side aboye.’’ a As the owner desires that the gross tonnage shall not — exceed 100 tons, yon request specific instructions as to the course to be pursued in measuring her. The bureau directs that the freight room in question shall be included in the recorded tonnage of the vessel. Respectfully yours, E. T. CHAMBERLIN, Commissioner. Collector of Customs, Portland, Ore. DRAWBACK—BOILER TUBES. Boiler tubes manufactured from Swedish billets for u e in construction of boilers for two Russian battle ships in couse of construction in the United States, no drawback on, under section 30, act of July 24, 1897, as such use does not involve an exporta ion. ; : TREASURY DEPARTMENT, July 7, 1899. GENTLEMEN: Replying to your inquiry of the 3d instant, — whether drawback under section 30 of- the act of July 24, 1897, will be allowed on boiler tubes manufactured by the Shelby Steel Tube Company, of Cleveland, Ohio, from im-~ ported Swedish billets and intended to be used in the con- | struction of boilers for the two Russian battle ships now being built by Messrs. Cramp & Sons’ Company, of Phila-- delphia, I have to inform you that no drawback of duties — under section 30 of the act of July 24, 1897, can be allowed — on the boiler tubes in questi n, as the use thereof in the construction of the boilers for the battle ships referred to cannot be considered a exportation within the meaning of section 30. Respectfully yours, O. L. SPAULDING, Assistant Secretary. Messrs. F. EK. Wallace & Co., New York, N. Y. & a 8 tt ee ee VISIBLE SUPPLY OF GRAIN As compiled for The Marine Record, by George F. Stone Secretary Chicago Board of Trade. e CITIES WHERE WHEAT.| CORN. Oats. RYE. BARLEY STORED. Bushels. | Bushels. | Bushels. | Bushels. | Bushels. Buffalo.... 1,491,000] 1,033,000 311,000 5,000 Chicago.. ae 5,507,000} 4,41I,00c 621,000 323,000 Detroit 186,000 55,000 10,000 9, 000) 5 vera Duluth) foes 5,066,000 359,000 650,000 12,000 Fort. William, Ont: | 2/000,000) (02305 coche ac cco. oa oe Milwaukee.......... 58,000 3,000 T;O00/ sce ota Port Arthur, Ont.... 200,000} 2s eevee tis dill Se See. oni oe Toledo... eon ae: 1,412,000 712,000 79,000 3, Q0Qls Soros ‘LOKONTOK Pisce sts 56,000) hark ote Taj000}s\4 sano On Canal, oe. 805,000 26,000] 298,000].......... OnWakes: es 1,165,000] 1,703,000 120,000 82,000] .). <<: ates Grand Total..... 34,552,000} 12,634,000] 4,793,000] 731,000 Corresponding Date, IBOSss hae 10,361,000] 19,987,000] 5.572,000] 460,000 INCTEASE hie vcs IBA O00 hai ss Cates [erates 4,000) Sn paces DECTERRE asics allmenus 329,000 B5Q,000! eee anas While the stock of grain at lake ports only is here given, © the total shows the figures for the entire country except the Pacific Slope. ———— a Oe ee ‘THE largest vessel built in 1845 on Lake Ontario was the Liverpool of 350 tons burden. She was constructed at Gar- den Island. The Quebec was also built that year at Long Island.