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MAY 3, 1900. THE MARINE RECORD. 13 Sor eee the pilot house, the mate on the forward turret, which posi- tion gave him an unobstructed view of the harbor and its surroundings. The captain asserts that the rate of speed of the Neilson did not exceed 5 miles an hour at the time of the collision. This statement is corroborated by the mate, eelsinan and chiefengineer. The time of leaving the piers yjhown by the log of the Neilson, was 5:20 a. m., and the time of the accident 5: 45 a. m., and the distance as given on United States engineers’ map of Nov. 17, 1899, is 8,970 feet, or 1.69 miles from piers to point where accident occured, so that the average rate of speed was 4.05 miles an hour. In ‘addition, the captain, wheelsman, chief engineer and oiler of the steamer Neilson, who were on whatch, all swear that the rate of speed was not increased after entering the harbor. “The after ballast tank only being filled, leaving three empty, depressed the stern of the Neilson, which resulted in elevaing the steamers high and protruding overhang, peculiar sthis type of vessel (whaleback) at the end to a distance to above the water variously estimated by Capt. Hunt and by Capt. Burnett at 18 to 25 feet, being at least 15 feet above the deck or stern of the Record. Under these conditions, Capt. Hunt swears he was unable to see the Record from his station on top of the pilot house. The mate also states that the position of the Record was not visible and that he could not see the Record when dead-ahead; also asserts that the Record dropped back under the bow of the Neilson 40 feet; when he discovered the position of the tug, he immediately passed word to the captain to go slow and give her a turn back, and from the movement of the boat the engines must have been reversed. The statements of the enginer and oiler show that the engines were stopped and backed strong, above five or six revolutions. At notime was the Neilson signaled tocheck herspeed. Capt. Burnett of the tug Record | states that the Neilson was increasing her speed from the _ time she passed the Ohio coal dock to the time of the acci- dent; consequently it was necessary for him to increase his speed in order to keep out of the way of the Neilson. The distance from the Ohio coal dock to the point where the accident occured is 3,700 feet, taken from United States Engineers’ map, or 7 of a mile. _ Ata constant rate of speed of 11 miles an hour, the time re- quired to make this distance would be 3.81 minutes, time sufficient to have either checked the speed of the Neilson, or to have dropped back with the line dragging, which maneu- ver Capt. Burnett coutemplated executing if the Neilson ignored the signal to check in passing of a dredge in the channel. Instead of giving the Neilson a check signal, or throwing his wheel hard over one way or the other, avoiding the direct course of the Neilson, and again shifting the wheel to bring the tug parallel to and outside of the path of the steamer, which action would have obviated the danger, Capt. Burnett made no effort whatever to determine the po- sition of the Neilson. Said action can only be justified by the fact that he did not consider the rate of speed at all danger- ous. He admits that there was an unobstructed view from the pilot house of the tug Record aft; that he could not see over the bow or forward turret of the Neilson; that the cap- tain of the Neilson would not be able to see the tug if he stood in the center of the pilot house (pilot house of the Neil- son estimated to be Io to 12 feet athwartships and 250 to 280 feet aft); that he did not’even look aft to ascertain the position of the steamer or to locate the captain; that he knew it was his privilege to check the steamer by signals or whistles, and that, in fact, it was his intention to do so, on account of a dredge some distance ahead, which they were not allow- ed to pass at a speed exceeding six miles an hour. Quoting his exact words: ‘‘I intended to check her down, and if the steamboat would not check down I would have dropped back with the line dragging so as toshow the man on the dredge I was not to blame; and further that the engines were being operated to their full capacity, throttle valve wide open the speed of the tug being about 11 miles an hour, which statement is corroborated by theengineer. I am of the opin- ion that had the throttle been open to its fullest capacity at any time, Capt. Burnett’s attention would have been direct- ed to it, as was that of the mate of the Neilson, who noticed the tug’s exhaust suddenly increase in intensity, and in looking over the bow of the Neilson saw the tug under the bow, demonstrating the fact that the throttle was not open- ed wide until the engineer, who was on his knees in the en- gine room oiling the machinery, felt the shock of the colli- sion, the first indication to those on the Record that the line was slack. He immediately sprung to his feet, looked out and discovered that the Neilson had lapped on the stern of the Record. Engineer R. F. Barrows, of the tug Record, in his examination before you on Oct. 10, 1899, positively assert- ed: ‘When I was on my kneesI had my hand on the throttle and she was wide open and working all right.’? On April 7, 1900, Mr, Barrows swore that it was impossible for him to reach the throttle when same was wide open and he on his knees, which latter evidence is corroborated in a ‘conclusive manner by the experiment relative thereto mentioned ina former part of this report. “The only person connected with the tug who watched the tow line (50 feet in length) was the engineer on watch. He also admits it is the privilege of the tug man to blow check whistles to the steamboat in tow, and in addition considers the whaleback the most dangerous type of steamer to handle. If the speed was the cause of the accident Capt. Burnett was, in my opinion, entirely at fault for not even attempting to control, as he asserts, excessive speed, of which the tug master is supposed to be the judge, such being the practice by an unwritten common law in vogue ever since the use of tugs in this capacity became prevalent on the Great Lakes; but in my opinion the accident was not caused by excessive speed, but was caused by’the throttle valve closing automat- ically while the engineer was on his knees oiling the ma- chinery, permitting the Record to drop back under the bow of the Neilson. “From the evidence submitted I fail to discover wherein Capt. Wm. J. Huntis guilty of violating any of the laws, rules or regulations governing navigation, and I therefore reverse your decision by which the license of William J. Hunt as master and pilot was suspended for a period of one year, commencing Dec. 12, 1899, and ending Dec. 11, 1900.” or or AN ENGINEER’S LICENSE. We have received this week an original license granted to Samuel C. Welch at Detroit 23d August, 1856, signed by George W. Strong as local inspector. Mr. Welch was born November 17, 1792, in Delphos, O., and died at the age of 89 years while at West Bay City. It may be of interest to a number of our readers to note the clauses contained in the old license which is one of the earliest on record. DUTIES AND LIABILITIES OF ENGINEERS LICENSED UNDER THE STEAMBOAT LAW OF AUGUST 30, 1852. Section 9, Ninth Clause. ‘The license of an engineer may be revoked upon proof of negligence, unskilfulness, or in- attention to the duties of the station.” Tenth Clause. ‘‘It shall be unlawful for any person to serve as an engineer on steam vessels carrying passengers, who is not licensed by the inspectors, under a penalty of one hundred dollars for each offense.’’ Thirteenth Clause. ‘‘If it shall appear satisfactorily that any such engineer is incompetent, or that life has been placed in peril by reason of such incompetency, or by negli- gence or misconduct on the part of any such person, the board shall immediately suspend or revoke his license.’’ Fifteenth clause. ‘It shall be the duty of all engineers to assist the inspectors in the examination of any vessel to which such engineer belongs, and to point out all defects in the hull or the apparatus for steaming, and also to make known to them, at the earliest opportunity, all accidents occasioning serious injury to the vessel or her equipment, - whereby life may bein danger, and in default thereof the license of any such engineer shall be revoked.” Section 11. ‘‘That if an engineer, whether acting under orders or not, shall intentionally load or obstruct, or cause to be loaded or obstructed, in any way or. manner, the safety valve or valves of a boiler, or shall employ any other fneans or device, whereby the boiler shall be subjected to a greater pressure than the amount allowed by the inspector’s certifi- cate, or shall be exposed toa greater pressure, or shall in- tentionally derange or hinder the operation of any machinery or device employed to denote the state of the water or steam in the boiler, or to give warning of approaching danger, it shallin any such case bea misdemeanor, and any person concerned therein, directly or indirectly, shall forfeit two hundred dollars, and may, at the discretion of the court, be in addition thereto imprisoned not exceeding eighteen months.’’ ee Section 12. ‘‘That if at any time there be a deficiency of water in the boiler, by suffering it to fall below three inches above the flue, unless the same happens through inevitable accident, the engineer shall -be guilty of an offense for which he shall be fined one hundred dollars, and if an explosion or collapse happens in consequence of such deficieney, he may be further punished by imprisonment for a period of not less than six nor more than eighteen months.” Section 29. ‘‘Should any engineer, by neglecting or wil- fully refusing to stop or start the engines, be the mearis thereby of causing collision, any such engineer so neglecting or refusing shall be liable to a penalty of thirty dollars, and to all damage done to any passenger, in his person or baggage.” Section 30. ‘‘Any person sustaining loss or injury through carelessness, negligence, or wilfull misconduct of any engi- neer, or their neglect or refusal to obey the provisions of law herein prescribed as to navigating such steamers, may sue such engineer and recover damages for any such injury caused as aforesaid by any such engineer.’’ y Section 38. ‘‘If any such engineer, or any witness sum- moned under this act before the inspectors, shall, when under examination on oath, knowingly and intentionally falsify the truth, such person shall be deemed guily of per- jury, and if convicted, be punished accordingly.”’ At ameeting of the Board of Supervising Inspectors of Steamboats, held at Washington, November 2, 1852, it was Resolved, that the local inspectors be instructed to urge upon all engineers of steamboats the absolute necessity and propriety that exists in all cases, immediately upon the stoppage of the engine, for opening the furnace doors or flue caps, where flue caps are used, or to close the dampers where dampers are used; and in cases where, from accident or other cause, the water in boilers has fallen below the point of safety, the imperative necessity for immediately putting out or damping down the fires, as the occasion may require. Ata meeting of the Board of Supervising Inspectors of Steamboats held at Washington, Aprll ro, 1854, the follow- ing preamble and resolution was adopted: Whereas, it has come to the knowledge of the Supervis- ing Board, that in very many instances the fire pumps re- quired by law, are not kept in proper condition for imme- diate use in case of emergency; and that this inefficient con- dition of the pumps is the result from the want of a clear explanation as to whom the duty of keeping said pumps in order, therefore, Resolved, that it shall be the duty of the engineers of all passenger steamers to keep their fire pumps, hose, attach- ment and appurtenances in perfect condition for immediate use, and the local board are hereby directed in all cases to see and know that said pumps are so kept by the engineer. Weare indebted to Mr. Harry E. McArthur, Saginaw, Mich., for’ this copy of license. 5.F. HODGE &C MARINE ENGINES, PROPELLER WHEELS, DECK HOISTERS, MARINE REPAIRS. @ 3i2 ATWATER STREET, DETROIT, MICH. Chas. E. & W. F. 58 William Street, New York City. 5 and 6 Billiter Avenue, E. C., . SNSUFANCE BROWN &CO., - - - J. G. KEITH & CO., - Royal Insurance Building, Chicago, III. C. T. BOWRING & CO. London, England. 202 Main Street, Buffalo, N. Y. A. A. PARKER & BRO., 15 Atwater St., W. Detroit, Mich. 138 Rialto Building, Chicago, Ill. LA SALLE & CO., Board of Trade Building, Duluth, Minn. Are prepared to make rates on all classes of [Marine Insurance on the Great Lakes, both CARGOES and HULLS. Peck, Chicago Office, ROYAL INSURANCE BLDG. 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.