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TELEPHONE CHARTER PARTIES AND OTHER RECORDS. Can that contract called a “charter party” be made by telephone? ‘This is denied in a pending suit. In a gen- eral-court-martial order of the War Department, in sub- department of the Missouri, May 12. 1874, we find this ruling: “In the case of Sergeant Van Nouhby the pro- ceedings, finding and sentence are disapproved. Avie tele: graphic information recited in the record is deemed insuffi- cient to justify Lieutenant O’Connor to act as a member of the court. The court should have awaited the receipt of the order detailing (Lieutenant O'Connor as member ‘before proceeding to trial.” G. C. M. O. 42, Dept. of Mo. ee valuable analogy can be traced between a court-mar- tial record and the record of a charter party. Here space ‘can only be given to a few samples of the rulings of the War Department as to the necessities of the one. In General Order 120, Dept. of Mo., (1867), it is held, p. 8: “The record does not show that the court convened pur- suant to the order constituting it, nor that it was organ- ized as the law requires, which defects are fatal to the validity of the sentences. The record in each case must be complete in itself. The fact that the court was duly organized cannot be made out by reference to a previous record in the same series. ‘The court and judge-advocate are chargeable with great carelessness in. allowing these prisoners to escape a most merited punishment on ac- count of such a defect in the record. It being impracti- cable to reassemble the court” [to amend the record in accordance with the fact] “the prisoners will be released and returned to duty.” ‘The charges against these men were “desertion” and larcenv. They were found guilty of all, but the charter-party for sailing against them was not in writing—not all of it. G. 297 War Dept. Sept. 3, 1863, reads: “The following defects in the records of a general-court-martial are published for the information and guidance of all concerned: “The records “contain no sufficient statement as to the organization of the court, nor do they set forth the order convening it. For these reasons the sentences in all of the above cases are inoperative.” : : Other “general-orders’ or “general-court-martial- orders” (the names mean about the same, the former being old-fashioned, the latter, more modern), are quoted here as authorities for the completeness of the record. G. C. M. O. 20 War Dept., A. G. O. 1866: “In the case of Haythe promulgated in G. C. M. O. tor Dept. of Va., - Richmond, Va., Nov. 29, 1865, the record, as transmitted to the Reviewine Authority, did not show that two-thirds of the members concurred in the death sentence [Art. 50, Sec. 1624 R. S.J], and was corrected without re-assembling the commission. ‘The officers composing the commission, ‘having been mustered out of the service, the record can- not be remanded. This defect is fatal to the validity, of the proceedings and renders the sentence inoperative. The guilt of the prisoner was clearly established, and it is to be deplored that an aggravated crime escapes punish- ment in consequence solely of the laches of the judge- advocate who tried the case.” G. C. M. O. 46, Dept. of the East, 1893: “It is an in- flexible rule that a record must set forth all the proceed- ings had in a case.” G. O. 64, Dept. of the Ohio, May 16, 1864, pp. 10-11: ‘yentence in case of Lavrin disapproved. ‘The records show that a portion of the proceedings in the case are recorded in some other place than the record, which reads, ‘The prisoner having heard the orders convening the court read at a previous session,’ etc.” G. O. 36, Dept. of Missouri, March 8, 1867, p. 6: “The record which is fatal to the validity of the sentence.” __ G. O. 23, Dept. of the South, 1870: “Disapproved for fatal error, the record failing to show that the court and judge-advocate were sworn in the proceedings of the first day; also, there is no note of an adjournment.” G. O. 20, Dept. of the Platte, 1869: “The proceedings and record in each case should be complete and distinct in itself, without reference to the evidence in any other case in support. The sentence is disapproved.” G. O. 22, Middle Mil. Dept., Baltimore, Md., 186s, Mentos Dhe record of the general-court-martial fails to show that two-thirds of the members of the court con- curred in the sentence of death. This is a fatal defect. view of the defect and of the impossibility of re-con- vening the court in order that the record might be amended, should the facts warrant it, the proceedings, idings and sentence are disapproved.” © O. 172, Dept. of the Ohio, Cincinnati, O., Oct. 24, ee Ge Osi 2, . appointed a court-martial to as- semble at Mount Stirling, Ky. Instead of convening at ount Stirling, Ky., the members assembled without war- nt, at Lexington Ky., and there organized and trans- d the business brought before them. The proceedings uid illegal body, as organized without authority at ton, are null and void. It is assumed that they acted 1 ignorance and without intentional disrespect for the the government of courts-martial. They wiil perceive the injury their conduct in assembling wuthority at Lexington, has inflicted on the service,” Dept, of the Ohio, Nov. 23, 1863: “Sentence d, being void. The court was ordered to meet d Gap; the proceedings are dated Green- pate et ees 1th does not contain a copy of the order convening the court— — THE MARINE RECORD. G. O. 292, War Dept. A. G. O., Washington, Aug. 22, 1863: 1. “The following defects in the records of the general court-martial, which tried ....New Jersey Volunteers ... are published for the guidance of all concerned. ‘The records in each case fail to show that the court was organized as the law requires or that it was organized at all. If a record does not show that a court convened pursuant to the order constituting it, the defect cannot be supplied by a reference to the record of another case tried at an earlier hour on the same dav in which this does appear’ .... [p. 2].° “These defects render the sentences inoperative.” G. O. 5, Dept. of Louisiana, 1858, p. 6. “The record does not show that the court met in accordance with its adjournment.” (Sentence disapproved. ) Page 7,. “the record in one case states that the court adjourned ‘until the 30th July... The record of the session—July 30th— states that ‘the court met pursuant to the foregoing order’ (the order constituting it). It should have been added in this, as in all similar cases, ‘and to adjournment.’ ” G. O. 187 War Dept. A. G. O., 1863: ‘The record is fatally defective in not showing that the court was prop- erly organized, and the sentence is therefore inoperative; but, as the accused admitted his guilt of a most gross, de- basing offense, the President directs that he be dismissed the service. G. O. 180, War Dept., A. G. O., 1863: “The testimony clearly shows that the findings were correct and the sen- tence just, but the record is fatally defective in not showing that the judge-advocate was sworn.” A naval court martial is convened “by a brief written order, addressed to the senior member of the court, stating the names and rank of the members of the court and of the recorder’ or judge-advocate, “and the time and place of meeting, and by written orders to the other members of the court and the recorder.” (Art. 1751, Navy Reg. of 1896). These orders or summons are issued by the officials designated in Art. 38 and 26, Sec. 1626, R. S. Only one such order obviously convenes no court,’ and should a “record” not affirm that any court-martial was convened except, if at all, “by virtue of’ a summons to one officer, the requirement of Art. 39, Sec. 1626, R. S., that not “less than five commissioned officers shall be summoned,’ before trial, would not be affirmed. Washington, D. C Grorce F. Ormspy. rr STATEMENT OF THE VISIBLE SUPPLY OF GRAIN. As compiled by George F. Stone, Secretary Chicago Board of Trade March 22, 1902. CiTIEs WHERE WHEAT.| CorRN, OaTs. RYE. BA LEY STORED. Bushels, | Bushéls. | Bushels. | Bushels. | Bu;hels Buffalo. .. T, 763,000 111,000 BOlOOO! ote tad: 431,000 SS WAHOR tases pais tices chee LoVe e's 0) bia nation SGN oe ea Ile Rate Chicago.. 6,632,000} 4,536,000 429,000 956,000 163,000 Mey anloat sven. 515,000].........5 133.000 77,000] ..... Detroit ... 221,000 I 8,000 2,000 62, 000))) Cage, Duluth.............. 14,127,900 85,000 199 00 458 000 311,coo ASS, ABRDOEES Sct) BAINGOOG sere thi el Cowen eee RENN AR Rae A Fort William, Ont..! 4,512,000]..........). 000.00... SPP tere a Milwaukee.......... 714 000 263,000 154,000 25,006 133 000 Minneapolis ........ 14,296,060 45,000 181,000 45,’ 00 61,000 Mion treats ciccva ie a 73,000 g,0co 195,000 22,0c0 64,000 rort Arthur, Out.... 265; 000 Gs ce earlier amo elie Age chal hoeeiae es Toledo.....+... 81,000] 813,000 531,000 160,000] .... .... Toaronto: ys 6.5 84,000 cat LGOOT Sas esis 44,000 On Canals... 46,000 3,090 112,000 37,000 50,000 Grand Total..... 50 948,000] 9,108,000} 3,219.000| 2,070,000] 1,759,coo0 Cc rresponding Date, HOOT caivei cs eomn as 54,714,0:0] 22,862,000] 10,935,000] 1,118,000] 1,214,000 {Increase for week..| .......]........-. Sea Pent, alate), aS Rae ; Decrease ‘‘ oe 1,049,000 578,000 267,0¢ 0) 10,000] 119,000 While the stock of grain at lake ports only is here given, the total shows. the figure. for the entire country except the Pacific Slope. oe _ EASTERN FREIGHT REPORT. Messrs. Funch, Edye & Co., New York, report the con- dition of the eastern freight market as follows: Whilst the freight market generally cannot be described as being any firmer, prompt steamers from the northern Atlantic ports are commanding a little higher premium, owing to the scarcity of spot tonnage. There have also been a few enquiries for handy size vessels for grain, and whilst the price of cereals has declined somewhat during the present week shippers are unable to effect business except on a very low freight basis, viz.: in the neighbor- hood of 2s. to Cork f. 0. ‘Timber charterers from the Gulf have taken up further tonnage on the basis of previous figures. For the far East three further futures have been made for case oil, but the rates accepted do not show any improvement. [he two charters reported in this issue from southern Atlantic ports have been taken to cover old phosphate contracts. Business in general cargo from the Gulf still continues neglected. While business in sail tonnage continues of a limited character, the market generally and especially for the better class of vessels, displays more stability. We have, however, nothing else of particular interest to note. ee The strike of the ship carpenters and calkers at the Davidson shipyards in Bay City is settled, their demands of 25 cents per hour, with a contract to pay that rate for the coming year, being granted. .to revision, MARCH 27, Ig02. s: | NOTES. Tue H. W. Johns-Manville Co. have secured recently, several contracts for the application of their coverings, among which are the following: The Bark Reality Bldg,. (Blake & Williams, contractors) Sixty-third street and Madison avenue, New York City. Moulded Sectional Covering. Asbestocel Sectional Covering is being used by the International Silver Co., of Meridan, Conn., while the Club House at the Jamaica Race Track is being fitted with Asbestocel covering, the contractors being G. I. Roberts & Bro. _ Fire Felt and Asbestocel Coverings are being used for insulation by the Landers Frary & Clark Co., New Britain, Conn. Tur Bureau or Navicarion of the Navy Department announces that the Secretary of the Navy, having decided to fit the masts of all new vessels, and those being re- fitted at navy yards with wireless telegraphic apparatus, the Bureau is considering the enlistment and training of electricians who are specially fitted for its operation and is giving the preference to the enlisted men in the navy who are competent electricians. Applications for this as- signment should be made at once to the Bureau, stating what experience the applicant has had and forwarding any — recommendations, testimonials, etc. All applicants must be American born or naturalized citizens of the United States. ‘ Tue plans for the new Cunarders are not yet definitely settled. The leading dimensions of the vessels, subject are: Length, over all, 700 ft.; breadth moulded, 73 ft.; and depth, 50 ft. The gross tonnage will be, approximately, 20,0co tons; but this will, of course, depend upon the ultimate co-efficient of fineness, and as the vessels are intended for high speed, they will necessarily be very fine-lined. As the vessels are not yet finally de- signed, it is, of course, impossible to. say who is going to build them, or what power is going to be put into them. Representatives of the company have been in Germany studying the question of triple-screw ships, and, as the working of the engines of the Campania and Lucania have always given the highest satisfaction, they will probably be very closely copied in designing the machinery (whether it be for twin or triple screws) for the new ships. The working of the turbo-motor type of machinery has lately been under the close observation of the Cunard company’s engineering staff, and there is more than a mere possibility that turbo-motors may supply the driving power for the new. ships. Iv was long been known that there is coal in Greenland, and it may some day furnish the most reliable means of reaching the pole, which must be attacked from Green- land or adjacent islands as a base. It also appears that there is coal in the island of Spitzbergen, in the Arctic ocean north of Norway. Consul General Bordewich writes from Christiania, Norway; in regard to coal deposits re- cently found in Spitzbergen. According to newspaper re- ports, there are indications that remuneratve coal min- ing might be conducted in the islands, provided sufficient capital were invested. It has been shown that after havy- ing blasted forty feet through clear ice, solid rock was struck, and at a depth of sixty feet dry coal of good quality was found. ‘The layer of coal had a thickness of ten feet and appeared to be extensive. In the mountain were also found petrified apples, pears, nuts and even leaves of bananas. Here is additional proof of the extraordinary change that has taken place in the climate of our earth. What are now the polar regions once enjoyed temperate if not tropical conditons. Ture Burenos Ayres Stanparp describes a new naval graving dock of monumental dimensions built at Bahia Blanca, Argentina, under the supervision of Luigi Luiggi, an Italian engineer. ‘This drydock is large enough to admit the largest vessel afloat. It can be divided into sections to suit ships of different sizes, or to permit the docking of two ships at the same time. The Standard gives the following figures as to its dimensions: It is 100 feet longer than the dock at Talcahuano, 20 feet longer than the graving’ docks in construction in the dock- yards of Devonport, the most modern in England; 3 feet longer than the four graving docks in construction in the dock-yards of the United States, and 8 feet longer than the largest graving dock at Spezzia. It is the largest gray- ing dock in America and may be said to be the largest naval graving dock in the world. It can be filled with 50,0co tons of water in 4o minutes, and can be pumped dry in 2% hours. The sliding caisson may be opened or shut in three minutes by hydraulic machinery. In its construc- tion were emploved 75,000 cubic meters of concrete; 15,000 tons ot cement; 6,000 tons of granite (facings and copings) and 1,500 tons of iron work (caissons, pumps, etc.) ee ee MARINE PATENTS. 695,711.—Anchor. John Eynon, Gateshead, England, assignor of two-thirds to William Summerbell Richardson, Gateshead, England, and Edward John Williams Powell, Neweastle-upon-Tyne, England. 695,717.—Propeller gear. George W. Gardiner, Phila- — delphia, Pa. 695,634.—Life-boat. Charles Dic Dickenson, Washington, 605,758.—Boat. William C. McElheny, Pittsburg, Pa. oh