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DECEMBER 7, 1899. THE MARINE RECORD. SUSPENSION OF LICENSES. Investigation of cause of collision between the steamer James B. Neilson and tug Record, which resulted in the sinking of the Record and drowning of Henry Ellis, one of the tug’s firemen, From the evidence in this case it appears that the tow-line of the James B. Neilson was given to the tug Record outside Duluth Harbor shortly after five o’clock a. m., October 8th, 1899. The Neilson was propelled by her own power, the tug keeping ahead witha strain on the tow-line. They pro- ceeded into the harbor and up to the bend in the channel at the Ohio coal dock at a speed of between four and six miles an hour. After the turn was made at the Ohio coal dock the tug was checked, but as the tow-line, which was short, would slacken with increase of speed of the Neilson the engineer on the tug would increase his speed sufficient to keep the line tight without signals from the pilot. The speed of the tug was gradually increased in this way until she was work- _ing with the throttle of the engine wide open, and having between 100 and 110 pounds of steam. When they were about 2,500 feet past the bend, or about opposite the new elevator, the Neilson ran upon the stern of the Record, roll- ing her down until she filled with water and sunk. It is claimed by witnesses on the tug that they were run- ning about eleven miles an hour when the collision occurred, and by those on the Neilson that their speed did not exceed five miles an hour. The evidence shows, however, that the Record was run, ning at full speed for some time before the Neilson ran into her, which is not disputed. It is therefore evident that the Neilson was running faster than the Record could run. Under these circumstances the Neilson was not navigated with great caution as is required by Rule VI, of the pilot rules. For violation of this rule the license of William J. Hunt, master and pilot of the steamer James B. Neilson, is suspended for a period of one year, commencing Dec. 12th 1899, and ending Dec. 11th, 1900. William C. Burnett, pilot of the tug Record, is guilty of negligence in failing to blow a danger signal to the Neilson ; violation of Section 4450, Revised Statutes, and his license as master and pilot issuspended for a period of four months, commencing Dec. 12th, 1899, and ending April 11th, 1900. : JOHN MONAGHAN, Signed, { MICHAEL F. CHALK. U.S. Local Inspectors, Duluth, Minn. D0 ee THE CANADIAN CANALS. The ocean-going steamship, Porto Rico, built in Toledo, recently passed through the enlarged Canadian canals, and reached New York a few daysago. The ship is about 250 feet long. It is stated that the locks will accommodate ves- sels that are 270 feet long. The change in the capacity of the canals and locks since 1898 is marked. In that year it was necessary to cut in two United States revenue cutters on the Great Lakes to get them through the canals to the Atlantic. Then the canals could accommodate vessels of only 186 feet. The enterprise of the 5,000,000 people of Canada in pre- paring a great water highway to the lakes can not be too highly commended. By that enterprise they have prepared for the naval defence of their southern border by letting the British navy intothe Great Lakes. At least 140 vessels of that navy, some of them turreted, can now pass into the lakes. The navy can command the lakes as it commands the Med- iterranean, should occasion arise. It is gratifying to know that the occasion is not likely to arise and that the canals will be devoted to commerce and the passage of ships built in American yards on the Great Lakes to the ocean. It is possible now, by an understanding with the British government, to build some of our proposed gunboats and light cruisers on the Great Lakes. Such an understanding should be sought. If it can be reached there will be no need of a revision of the treaty concerning the number of armed vessels to be maintained by each country on the lakes. While the Canadian people are to be congratulated, Amer- icans would be better satisfied if the ships built on the Great Lakes could go to the ocean through an American canal and by way of the Hudson. And, if we are not much mistaken, there will be an immediate movement to provide such a canal. So long as Canada remains a part of the British em- pire, we are not sure of free navigation of the Canadian canals. It has been learned in Washington that plans have been matured for the defence by powerful batteries of all the locks on the Canadian canals. Many years may elapse before these batteries are installed. They will undoubtedly be ready for installation at any time if occasion shall require. With these locks securely guarded, 140 vessels of the British navy could pass them, guard the line of the canal, and also operate against the lake cities. There is no likelihood of such contingencies, but there should be preparation for them on this side of the border. Such preparation cannot be con- sidered a warlike act on our part any more than we are to consider the precautions taken by Canada as warlike acts. For good and sufficient reasons we should build a canal to the Hudson capable of floating goodly ships of our navy and of the merchant marine to the Great Lakes. In case of war, the ability to call to ocean service part of the Great Lake fleet under the American flag, might be of the highest usefulness. —Rochester Democrat and Chronicle, eo 2S oOo Wife (to husband who has just joined a fishing club)—-This is a pretty sort of life you are leading !_ Husband—Oh, dobe quiet! Wife--I shall not be quiet. The day before yesterday you did not come home until yesterday; yesterday you came home today; and today, if I hadn’t come to fetch you, you wouldn’t have come home until tomorrow.—London Fishing ee ee eRe Do ho inks ee SHIPPING AND MARINE JUDICIAL DECISIONS. (COLLABORATED SPECIALLY FOR THE MARINE RECORD). Suit for Injury of Vessel—Burden of Proof.—In a suit against a city to recover for an injury caused by the draw of a bridge swinging out and striking a passing vessel, where there was evident fault on the part of the vessel or the bridge tender, but it is not satisfactorily located by the evi- dence, the libel will be dismissed. City of Chicago vs. Wis- consin S. S. Co., 97 Fed. Rep. (U. S.) 107. Towing Contract—Recission-The defendant, having nearly 7,000,000 feet of saw logs on the north shore of Lake Superior, which, when rafted, it desired towed up to its mill at Duluth, entered into a contract with the plaintiff, a Duluth itugman, to do the towing, and to assist the rafts- man with a tugin placing the booms in position and in making up the rafts. The contract contained a provision that, in case the services performed by the plantiff should not be satisfactory, then, and in that event, the cefendant reserved the privilege of terminating the contract at any time. The services to be performed by the plaintiff required skill and care, and more especially promptness in making up the rafts and in running them when made up, owing to the fact that they would be exposed to lake storms from cer- tain directions. When the time arrived when defendant needed the services of the plaintiff with tugs, it, having as- certained that the plantiff had left Duluth with his tugs without leaving word where he had gine, or how long he would be absent, employed another tugman to perform the services, and, when plaintiff returned, promptly notified him that the contract was terminated, and that it would not ac- cept his services. The evidence was conclusive that the dis- satisfaction of the defendant was actual and honest, and not simulated, or fraudulently pretended. In an action by the plaintiff to recover the value of his contract, held, that the court properly directed a verdict for the defendant. The provision referred to considered in the light of the nature, subject, and purpose of the contract, must be con- strued as reserving to the defendant the absolute and un- qualified right at’ anly time to terminate the contract, so far as still executory, whenever it was dissatisfied with plain- tiff’s performance of the work, without any right on part of the plaintiff to call in question the reasonableness or ade- quacy of the grounds of its dissatisfaction, provided, only, that the dissatisfaction was actual and not merely fraudu- lently simulated. It was not necessary that the plaintiff . should have actually performed part of the services before the defendant terminated the contract. The dissatisfaction might be based on plaintiff’s delay in commencing the work as well as upon the character of services already performed. Magee vs. Scott & Holston Lumber Co., 80 N. W. Rep. (Minn. ) 781. OO 2S VESSELS PASSING DETROIT, MICH. The following report of vessel passages is furnished through the courtesy of Postmaster F. B. Dickerson, Detroit, Mich.: Number of day passages from 5 p. m., October I5, to 9 p. m., November 15, 1,654; night passages, 1,379; total, 3,033. TOBIN BRONZE (Trade-Mark Registered. Tensile strength of plates one-quarter inch thick, upward of 78,000 Ibs. per square inch. Torsional strength equal tothe best machinery steel. Non-corrosive in sea water. é c Square and Hexagon Bars for Bolt Forgings, Pump Piston Rods, Yacht Shaftings, etc. Rolled Sheets and Plates for Pump Linings and Condenser Tube Sheets, Centerboards, Fin Keels and Rudders, Gazette. Can be forged at cherry red heat. Round, Send for Pamphlet. 5. HODGE & CO Ansonia Brass & Copper Go, SOLE MANUFACTURERS, 99 John St., NEW YORK. MARINE ENGINES, — - PROPELLER WHEELS, DECK HOISTERS, MARINE REPAIRS. 312 ATWATER STREET, DETROIT, MICH. ° Chas. E. & W. F. 58 William Street, New York City. Royal Insurance Building, Chicago, III. Peck, C. T. BOWRING & CO. 5 and 6 Billiter Avenue, E. C., - Insurance BROWN &CO., - - J.G. KEITH & CO., - London, England. - ¢ 202 Main Street, Buffalo, N. Y. PARKER & MILLEN, 15 Atwater Street, W., Detroit, Mich. 138 Rialto Building, Chicago, Ill. LA SALLE & CO., Board of Trade Building, Duluth, Minn. Are prepared to mcke rates en all classes of Marine Insurance on the Great Lakes, both CARGOES AND HULLS. Chicago Office, ROYAL INSURANCE BLDG. The Salvage Association of North America. INCORPORATED 1899. AN ASSOCIATION FOR THE PROTECTION OF UNDER= WRITERS’ INTERESTS AS REGARDS WRECKED AND DAMAGED PROPERTY AT SEA. Application for the services of surveyors of this Association may be made to either the Chicago or New York offices. New York Office, MUTUAL LIFE INS. CO. BLDG,