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12 THE MARINE RECORD. ~ NOVEMBER 23, 1899, _ OF, Chicago Pautical School 1513 Masonic Temple, CHICAGO. W. J. WILSON, (Late Lieutenant U. S. Navy), Principal. A full and complete course of instruction in lake and ocean navigation. Also special branches taught those desiring to qualify themselves for better positions in the marine service. $200 in prizes (Great Lakes Regis- ter) awarded annually to students. Students taught by correspondence. Students may begin at any time. Send for circular. 5S OF MARINE REPAIRING AT MANITOWOC, WIS. The Goodrich Transportation Co. are prepared to do all kinds of Repair Work to Machinery. Also Joiner Work. Goodrich Transportation Company’s Repair Shops include complete Carpenter and Joiner Shop. New Modern Machine Shop. Blacksmith Shop, including Steam Hammer, Punch and Shears, etc., Brass Foundry. Repair Shops are adjacent to Dry Dock and are equipped with best Modern Machinery. Porta- ble Electric Drills, etc., complete Electric Power Plant for supplying motors on board ships, and lighting. Night work a specialty. All work in charge of experienced and skilled mechanics. Charges moderate. Twenty-one feet of water alongside of shops. Know Your Own e Ship is a book valuable to the Vessel Owner, Mas- ter, Naval Architect, and, in fact, all inter- ested in vessel handling and construction, A simple explanation of the stability, con- struction, tonnage and freeboard of ships. Specially arranged for the use of ships’ offi- cers, superintendents, draughtsmen and others. By Thomas Walton, naval architect; aa, j é i “e lecturer to ships’ officers, government navi- — gation school. Fourth edition greatly en- — larged. Illustrated; cloth, $2.50, by express prepaid. THE T1ARINE RECORD, Third Floor, Western Reserve Building, Cleveland. U.S. S. MICHIGAN—DENSENESS OF OFFICERS. Capt. Ryerse, St. Ignace, sent a communication to the RECoRD a short time ago, in which he stated that the U. S. S. Michigan had passed him by without paying the least attention to his signal of several successive toots from the steam whistle. The following unsatisfactory form of cor- respondence has since been gone through with. TuG NIAGARA, ST IGNACE, MicH., Sept. 22, 1899. THE HON. SECRETARY OF THE NAvy, Washington, D. C. Dear Sir: On Sept. 5th, 10 miles northwest of Gull Is- land, Lake Michigan, the above named tug was in serious trouble, and we wished to get word to any tug, or telegraph office for assistance; about ga. m, of that day the U.S. S. Michigan passed within a half mile of us, without paying any attention to our signals of distress, which were blowing constantly, and what seems still more reprehensible on the part of her captain, or officer in charge, is the fact that after passing us some 6 or 7 miles, the Michigan passed the fish- ing tug Margaret McCann, and saluted her, without report- ing usin trouble. I would like to know if there is any rule, or order of your department, that prevents an officer in charge of a U. S. vessel from answering a distress signal and learning what is the trouble, or is it a matter with the officer in charge to doas he chooses. An answer at your convenience will oblige. Yours respectfully, LEWIS RVYERSH, Master Tug Niagara. P. S. For reference as to the writer’s standing as citizen and master mariner, I would refer you to the Hon. C. V. Shelden, M. C., from our district, or the Hon. James Mc- Millan, Senator, Eastern District, Mich. Pie First ENDORSEMENT, DEPARTMENT OF THE NAVY. BUREAU OF NAVIGATION. } September 29th, 1899. SUBJECT : Mr, Lewis Ryerse, master of the tug Niagara, St. Ignace, Mich., calls attention to failure of the U. S. S. Michigan to answer certain signals of distress made by tug Niagara. Respectfully referred to the commanding officer of the U. S. S. Michigan, for statement in regard to the within matter. A. S. CROWNINSHIELD, Chief of Bureau. SECOND ENDORSEMENT. U.S. S. MicHIGAn. CHICAGO, ILL, October 6, son Respectfully referred to Ensign W. R. Sexton, U.S. N., for statement required by 1st. Endorsement. C. P. PERKINS, Commander, U. S. Navy, Commanding. THIRD ENDORSEMENT. U.S. S. Micuican, CHICAGO, ILL., October 7, 1899. Contents of the letter of Mr. Lewis Ryerse examined. In regard to same, would make the following statement : When the tug was sighted she was almost dead ahead, and after a time was heard to be blowing four blasts on her steam whis- tle. When quite near to the tug, we sheered away from her to pass clear of floating logs adrift from a raft the tug was towing. The tug did not appear to be disabled, and a care- ful scrutiny revealed no signals of distress. We passed with- in a half a mile of her, but her crew made no signals except by the steam whistle (the ordinary call for a tug), I was on watch at the time, the weather was clear and pleasant, and other vessels were in sight then and afterward. ‘The occur- rence of passing the tug Niagara was deemed of no import- ance and no record was made in the log. I am sir Very: respectfully, W. R. SEXTON, Ensign U. S. Navy. FouRTH ENDORSEMENT. U. 8. S. MICHIGAN. Chicago, Ill., Oct. 7th., 1899. Respectfully returned, attention called to 3rd. endorse- ment, further : I was on deck and recollect that the tug with raft of logs in tow was blowing four blasts. We ran quite near her and would have gladly rendered any assistance possible if she had made any signal of distress whatever or asked for assist- tance. C. P., PERKINS, Commander, U. S. Navy, Commanding. FIFTH ENDORSEMENT. DEPARTMENT OF THE NAVY, BUREAU OF NAVIGATION. October 9th, 1899. SUBJECT : Mr. Lewis Ryerse, master of the tug Niagara, St. Ignace, Michigan, calls attention to failure of the U. S. S. Michigan to answer certain signals of distress made by the tug Nia- ara, Respectfully returned to Mr. Lewis Ryerse, tug Niagara, St. Ignace, Michigan. Attention invited to the 3rd and 4th endorsements. A. S. CROWNINSHIELD, Chief of Bureau. or or ico A TREASURY DECISION. FISH—STURGEON. Acipenser rubicundus, or sturgeon of the Great Lakes, held to be distinctly a fresh-water fish and dutiable under paragraph 259, act of 1897. Before the U. S. General Appraisers at New York, Novem- ber Io, 1899. In the matter of protests. 41169 b, etc., of S. Schmidt, against the decision of the collector of customs at Platts- burg, N. Y., as to the rate and amount of duties charge- able on certain merchandise, imported per vessels and entered on dates as set forth in the schedule. Opinion by Wilkinson, General Appraiser. The goods are sturgeon packed in ice, taken in the tributaries of Georgian Bay, which opens into Lake Huron. In view of treasury decision 19472, they were assessed for duty at three-fourths of a cent per pound under paragraph 259. icc 261 levies a duty of three-fourths of a cent per pound upon fresh fish not specially provided for, while paragraph 259 reads: Fresh-water fish not specially provided for in this Act, one-fourth of one cent per pouud. In the act of 1894, paragraph 210, provided for salt-water fish packed in ice, while paragraph 481 gave free admission to fresh fish packed in ice. Under that act the Board held in G. A. 3068 that migratory fish, not being distinctively salt- water fish, came under paragraph 481. But the tariff of 1897 enumerates fresh-water fish and does not name salt-water fish. Following the principal of G. A. 3068, the Board held in G. A. 3954 that paragraph 259 pro- 'vides only for distinctively fresh water fish, and that migratory fish as well as salt-water fish are covered by other paragraphs of the schedule. The sturgeon, or Acipenser, may be divided into three classes: (1) Arcipenser rubicundus, which is common to the Mississippi valley and the Great Lakes. (2) Acipenser sturio, which is found on the Atlantic coasts and in its tributary streams. : (3) Acipenser transmontanus, or the white sturgeon of the Pacific coast. It is unnecessary to consider the sturgeon of the Missis- sippi valley, a territory within the limits of the United States. But it is clear that the sturgeon caught in the Great Lakes is distinctively a fresh-water fish and not a migratory fish, the falls of Niagara being an insuperable obstacle to migration from the sea. We find, therefore, that the fish in question are fresh- water fish and sustain the claim that they are dutiable at one-fourth of 1 cent per pound under paragraph 259, — OOOO OO Tue Superintendent of the United States Geodetic Survey will have the Pathfinder, the new vessel of the Survey equipped with apparatus for the wireless system of tele- graphy. The vessel will go to the Aleutian Isles, and it is thought that by the wireless telegraphy the difference in altitude of the islands will be determined accurately. SHIPPING AND MARINE JUDICIAL DECISIONS. (COLLABORATED SPECIALLY FOR THE MARINE RECORD). Collision—Suit for Damages—Determining Fault.—In de- termining, on conflicting testimony, which of two vessels was in fault for a collision, the court will take into consider- ation the probabilities and presumptions based upon the skill, knowledge, and ability of the crews of the respective vessels, which was the better manned, and the less likely to make a mistake. ‘The Genevieve, 96 Fed. Red. (U. S.) 859. Seamen—Ljien for Wages.—Except in the cases provided forin Rev. St. 2 4527, where shipping articles have been signed, and a seaman is thereafter unwarrantably discharged by the master, there can be no lien as for wages unless ser- vices have in fact been rendered. A seaman engaged fora voyage, but not signed or shipped, has no lien for wages or for expenses incurred. The Glenesslin, 96 Fed. Rep. (U. S.) 768. Steam Vessels Meeting—Signals.—Where the one of two — meeting steam vessels having the right of way fails to signal as required by the rules governing navigation on the lakes (28 Stat. 645), on approaching the other may properly signal by two blasts, in accordance with rule 23, meaning, “‘I am directing my course to port,’’ and she is not required to wait for an answering signal before changing her course. The Genevieve, 96 Fed. Rep. (U. S.) 859. Collision—Evidence of Fault.—Where a steam vessel pass- ing down the Detroit river in the night, and having the right of way, failed to signal, as required by the rules, when half a mile from a vessel passing up, and, on receiving a signal ~ from the latter vessel when nearer, answered by a cross sig- nal, changed her course accordingly, and continued at full speed, in violation of rule 26, although the vessels were then _ near together, she must be held in fault for a resulting colli- sion. Master and Servant—Employing Incompetent Servant— _ Injury to Third Person.—Libelant, who was employed asa laborer by stevedores, and engaged with others in stowing cotton in the hold of a ship, was injured by the rolling against him of bales of cotton lowered by the winchman upon those lying under the hatchway. Held, that in the absence of evidence to sustain allegations of the incompe- tence of the winchman, or of gross negligence on his part, the ship could not be held liable for the injury. The Anaces, 96 Fed. Rep. (U. S.) 856. _ Practice in Admiralty—Taking Depostions—Representa- tion of Adverse Party.—Under rule 4o in admiralty of the district court for the Eastern District of Pennsylvania, which permits parties to attend the examination of witnesses — whose testimony is taken on commission, either personally or by their proctors, if the adverse party desires to be repre- ° sented at such an examination he should furnish the name and address of his representative to the party taking out the commission, or to the commissioner, or file the same with his” cross interrogatories, in which case it will be the duty of the - commissioner to give such representative notice. The West- minister, 96 Fed. Rep. (U. S.) 766. The Federal Supreme Court at Washington, on Mon- _ day, reversed the decision of the circuit court of appeals for the sixth circuit in the case of the steamer Conemaugh — against the steamer New York, involving liability for dam- ages resulting from a collision between these vessels in the Detroit river, in 1891. Justice Brown, who delivered the opinion, recited the circumstances preceding the collision, and announced the opinion of the court that both vessels were equally at fault, and that the damages should be borne equally by both. The opinion also says that insurance com- panies who have paid insurance on the cargo of the Con maugh may recover from the owners of the New York. Te day’s decision restores the opinion of the United States court for the eastern district of Michigan, which held both vessels” responsible.