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DECEMBER 21, 1899. THE MARINE RECORD. 13 a SHIPPING AND MARINE JUDICIAL DECISIONS. (COLLABORATED SPECIALLY FOR THE MARINE RECORD). Shipping—Fraud of Shinper—Description of Goods—Loss of Memoranda.—A shipper who puts books containing valu- able memoranda, with some clothing, ina package described in the bill of lading as worn clothing, is guilty of fraud, destroying his claim to indemnity. The St. Cuthbert, 97 Fed. (N. S.) 340. Shipping—Delivery to Customs Officers—Usage.—A ship’s delivery of a consignment of dutiable goods to the customs authorities, being required by the law and usage of the place, delivery to the proper party thereafter devolving on such authorities, is a good delivery as between the shipper and carrier, Herbst vs. The Asiatic Prince, 97 Fed. Rep. (U. S.) 343. Collision — Steamers Crossing — Lookout — Change of Course.—An incoming steamer, bourid up East river, which took a diagonal course across the river and across the course of a tug with a tow crossing from Brooklyn and having the right of way, when by the rules and state statutes she was required to keep to the right and as near the middle of the » river as might be, held in fault for a collision with the tow. The tug also held in fault for failing to keep a proper look- out and for changing her course. The James A. Lawrence and the Comanche, 97 Fed. Rep. (U. S$.) 351. Shipping—Liability to Shipper—Memoranda of Entries, “Writings’’—Notice of Valuable Memoranda Must be Given. - —Memorandum books containing entries of one’s experi- ences and observations at different times and places in the line of his business, valuable to him for reference, are “ writings,’’ within Rev. St. Sec. 4281, relating to a large number of small articles of small size, but of proportionately large value, including ‘‘ writings,’’ and providing if a shipper shall lade them as freight on any vessel without giving notice of the true character and value thereof, the owner of the vessel shall not be liable therefor; but such memaranda are not within a like exception of the bill of lading as to “documents.” The St. Cuthbert, 97 Fed. Rep. (U. S.) 340. Shipping—Rights of Consignee—Application of Payments —Bills of Lading Wrongfully Withheld—H., a commission merchant, had an agreement to buy goods for B. & Co., on their orders, and ship the same to them on their account and risk, and to allow them a credit of $5,000; all invoices to be charged in account current and to bear interest from date of shipment, payments to be by remittances after notice of shipment, remittances to bear interest from time of receipt. Held that B. & Co., having, after notice of ship- ment but before arrival of the goods, sent remittances for part of the price, with notice that they were on account of such shipment, and having, after arrival of the goods, made tender and deposit of the balance of the price, were equitably entitled to delivery, H. having no right to make application of the remittances on an old account; that the bills of lading were wrongfully withheld, and that the carrier was not liable for irregularity in delivering the goods to B. & Co. without the bills of lading. Herbst vs. The Asiatic Prince, 97 Fed. Rep. (U. S.) 343. A DAVIDSON STORY. The Detroit News has the following story this week : Three vessels came down the river and put in at Hurley’s coal dock for fuel yesterday. In the middle of the string was the barge Matanzas, that lost almost all her rudder by smashing into the channel bank of the Soo river. Ahead was the steamer Rappahannock, and astern, trailing on a steering line from the end of the Matanzas, was the steamer Venezuela. Her duty had been to keep the big barge from getting into further trouble. All three vessels belong to Capt. James Davidson. They are big wooden boats, and the owner is always ready to run long risks with the chance of large winnings. He is not only running the vessels without insurance, but in order to get the cargoes of grain that two of the three boats are carry- ing had to personally insure the safe delivery of the grain, The value of boats and cargoes is almost a million, yet with a disabled boat in the center, the string started from the Soo for Lake Erie. 7” When Detour was reached, the gale was raging on Lake Huron, and four days were lost waiting for fair weather. At last the storm abated, and on Friday, with awful suspense staring the captains in the face, a start was made. On the icy deck Capt. Wilam, of the Matanzas, slippped and dis- located his shoulder. The boats were all coated with ice, and the hatches were as effectually sealed up as though with sealing wax. : Not a sign of bad sailing was seen. At Port Huron the disabled captain was put off for repairs, and Capt. Davidson, the owner, came aboard the barge to take command. While passing down Lake St. Clair there was a snap, and the tow line to the Matanzas from the Rappahannock broke off close to the barge. The Venezvela did her duty, and there was no ramming of the forward boat nor grounding of the tow, and ina short time the loose end of the tow line was fished up out of the lake, again made fast to the Matanzas, and the journey was resumed. As she stopped at Detroit, the wealthy owner was stump- ing up and down the long deck with an old cap pulled down on his head. He looked the typical sailor and a reminder to many other vesselmen when bossing:a boat was the best job that Capt. Davidson had. rr LAKE TRAFFIC. The closing of the Sault Ste. Marie locks, on Sunday after- noon, marks the close of a long and exceptionally prosperous season for the lake shipping trade. The phenomenal rise in rates, due to the enormous demand for iron ore by the iron and steel manufacturers of the country, has made a fortune for such vessel owners of the lake carrying trade as were free from season contracts and able to take advantage of the situation. The present outlook shows no signs of a diminution of iron ore requirements in the immediate future. Therefore, the boats tie up for the winter not only with a consciousness of a profitable season behind them, but also a certain out- look for another prosperous and busy year when the channels’ open again next spring. ——— oo orl In the suit for an injunction to prevent the Connors syndi- cate from getting their grants from Montreal, Judge Pagnuelle has requested the harbor commissioners to make affidavits that elevators are actually needed there. REPORTED BY THE LOOKOUT. Z The Mitchell and Folsom owned by Capt. Mitchell Bay City, are being rebuilt at the Gilmore yards Toledo. The steamer Elfin-Mere struck bottom while entering the harbor at Oswego last week, and received damages which necessitated taking her to the government dry dock at Kingston, Ont., for repairs. Owing to the lack of discipline among his men Capt. EB. St. Peter has been transferred from the Jackson park life saving station at Chicago to North Manitou station, exchang- ing places with Capt. Wm. L,. Andres. Secretary Gage asks Congress for $10,000 more with which to keep up the light-houses. On the lakes and seaboard 37 new houses are building for next year, and the appropriation is to cover the cost of maintaining these new stations. Commander Kennedy, U. S. N. light-house inspector, says the Grosse Pointe lightship is in very bad condition and was dangerous to the lives of the keepers for some time before it was taken in. He wants a better lightship for next year. The difficulties connected with insurance of the American line steamer Paris, which ran on the rocks off the Manacles on May 21 last and which was refloated July 11, have been settled. The vessel will be handed over to Harland & Wolff, at Belfast, for a thorough overhauling. When she resumes her place in the trans-Atlantic service a year hence she will be re-named after an American city. One of the largest dry docks in the United States is soon to be constructed at Hunter’s Point San Francisco. It will be built over a natural rock basin, and will cost about $750,- 000. The dock is to be 750 feet long, 80 feet wide at the bottom and 120 feet wide at the top. It will have 28 feet of water over the sill at low tide. It will be slightly larger than the dock at the Boston navy yard, and: will be able to accommodate any vessel on the Pacific coast. The schooner Morning Star, bound from Charlevoix to Chicago with lumber, went ashore last Monday morning on the east side of South FoxIsland. She struck a sandy bot- tom. There she remained until the northeast gale came, which wrecked the boat and piled her deckload upon the shore. The schooner became a total loss but her crew were all saved. The Morning Star was owned by F. X. Ulrich of Milwaukee. She was built in 1868 and was of 205 tons. The anxiety of underwriters regarding fall cargoes of grain and their determination, after a prosperous season, to grant only such extensions of policies as they were absolutely com- pelled to accede to, may be understood when it is noted, for instance, that two cargoes of flax seed moved down the lakes in the closing days of the season by the steamers H. C. Frick and J. J. McWilliams were valued in round figures at $560,000. The Frick carried 240,000 bushels and the McWilliams 160,- 000 bushels. Barry Bros., of Chicago, who have extensive interests in floating property, have had a tug building at Burger & Bur- ger’s, Manitowoc, she is now finished and left the hands of her builders on Saturday. She has been christened the Robert E. Burke, is 95 feet long by 21 feet beam, and cost complete $12,000. With two other tugs she will do work for the city of Chicago, carrying men and provisions to the cribs, and breaking ice in the river and keeping the harbor open during the winter months. TOBIN BRONZE (Trade-Mark Registered. Tensile strength of plates one-quarter inch thick, upward of 78,000 Ibs. per square inch. Torsional strength equal to the best machinery steel. Non-corrosive in sea water. Can be forged at cherry red heat. ; 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, Fiu Keels and Rudders. Round Send for Pamphlet. §.F HODGE &CO The Ansonia Brass & Copper Co, SOLE MANUFACTURERS, 99 John St., NEW YORK. MARINE ENGINES, PROPELLER WHEELS, DECK HOISTERS, MARINE REPAIRS... @ 312 ATWATER STREET, DETROIT, MICH. : Chas. E. & W. F. Royal Insurance Building, Chicago, Ill. C. T. BOWRING & CO. London, England. 58 William Street, New York City. 5 and 6 Billiter Avenue, E. C., - Insurance : BROWN &CO., - - J. G. KEITH & CO., - 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 on all classes of Marine Insurance on the Great Lakes, both CARGORS AND HULLS. Peck, Chicago Office, ROYAL INSURANCE BLDG. 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,