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% sis Marine Record. MARITIME LAW. COLLISION—STEAMER AND SCHOONER—IDEN- TITY OF COLLIDING VESSL. U. S. circuit Oourt, Southern District of New York. The libellant’s schooner John K, Shaw was sunk with all on board in the neighborhood of Long Branch on the night of Feby. 23rd 1888. On the same night the steamship Newport, bound from New York t> Havana, was in collision with an unknown sohoon- er. In this suit libellants sought to prove that the unknown schooner was the Shaw, and that she was sunk through the fault of the Newport. The District Court held that the libellants had not made out their case against the Newport, and thereupon dis- missed the libel. On appeal to this court, held that the decree of the District Court shonld be affirmed. [Diatrict Court Opinion, Sept. 29th, 1886.[ E. H, Lacomas, Circuit Judge. On February 21, 1884, the libellant’s schooner John K. Shaw sailed from New- port News, Virginia, bound for New Ha- ven. Since then, except as a wreck, she has not been heard trom. At daylight on Feb ruary 24th masts were seen stunding out of water at a point about four and a half miles off sho8e, between Deal Beach and Long Branch. Wreckage identified as coming from the Shaw was, on February 24th and subsequent days, found floating inthe wa- ter or stranded at different places on the beach. "On February 23d, 1884, the steamer Newport, bound from New York to Havana, was in collision with an unknown schoon- er- The log states the time of the collision as 640 P. M.,and adds that apparently no damage was done. These facts are undisputed. Libellants undertake further to show that the un-| known schooner was the ‘‘Shaw’’; that the collision occvrred wholly through the steamer’s fault; that it took place within half a mile of the place where the masts of the wreck, above referred to, were subse- quently found; that the collision resulted in the starboard bow of the ‘‘Newport”’ breaking open the ‘‘Shaw’’ and causing her to sink; that she did so sink within a few minutes after collision, at the place where the wreck was found; and that such a wreck was In fact the ‘‘Shaw”. This case presente solely questions of fact and to the careful and elaborate discussion of the testimony, which is found in the opin- jonof the learned District Judge, little need be added by this Court, As to certain points more or less relied upon by bim— such as the comparative heaviness of the jhaw’s” Joad, and the presence or absence f a deck load on the schooner with which the “‘Newport”’ was in collision—the proofs opinion. But upon the whole cise, as it 10w stands, there seems to be no sufficient reason to dissent from his conclusion. As one branch of the libellant’s case, however, is fortified in this Court by an argument, apparently not advanced before the Dis- trict Judge, a brief con-ideration of such ar- gument will not be inappropriate. It is shown by direct evidence that the wreck, which libellants claim to be that of their vessel, lay probably about four anda half miles, certainly not more than five miles, off shore. Tney also contend that the schooner with which the steamer was in collision, tark within a few minutes,and before she had sailed half a mile. In fact the only theory upon which they undertake to maintain their contention, that the collid- ing schooner was sericusly injured, is found in the statement of the twoor three witnesses who speak of her as listing over and going down within a few lengths, Unless, then, it can be shown that the steamehip, at the time of the collision, was within balfa mile of the place where the wreck was afterwards found, the claim that the steamer was in collision with the “Shaw’’ cannot be sustained. The weight of the direct testimony in the case is clearly to the effec}, as the District’ Judge has found, that the “Newport” was from seven to eight miles off shore at the moment ot collision; and that she passed Scotland Wight at such a distance, and thereafter followed suck a course, at such a speed, as -as to bring her to that point at 6:40 P.M, The force of this evidence libellants seek ‘to break by an acute and elaborate mathe- “matical. argument. Taking the compass ‘bearing of Sandy Hook and of the Scotland Lightship, as recorded in the logs, and Jay- ‘ing Gown Gn thechart the angles formed thereby, counse]. undertakes to show that the lines which subtend those angles could not have been traversed by the steamship within the time allowed by the logs upon any course, Other than the one, which, con- trary to the weight of the direct evidence, he assumes to be the one she followed, and certainly not on the couree which the weight of the direct evidence shows her to have ta- ken, This argument woald no doubt have all the conclusiveness of a mathimatical de- monstration if ite premises were as certain as those from which the mathematician rea- sons. Such, however, is not thecase. The libellants rely upon these entries in the logs. 5:35 p. m., Sandy Hook a beam engineers log). 5:40 Hook West (Steamer’s log), 5:50 Passed Scotland Light Ship (Steam- er’s log). Both the logs state the time of collision #4 6.40 p.m. This is exp'ainable either up- onthe supposition that the respective re- cording officers correctly noted the time, and that the time pieces to which they re- ferred agreed; or upon the supposition that some mutual agreement as to the time of this unusual, and possibly important occur- ance, was arrived at before the entries were originally put down on the slate or finally entered in the logs. On the same afternoon however, the steamer had anchored for sev- eral minute3, and subsequently got under way. These occurences are thus recorded in the logs: 4.25. Thick weather, snow, came to an- chor lower quarantine (steamer’s log). 4,80. Anchored (engineer's log). 5.20. Clearing up, got under way (steam- er’s log). 5.15. Startedagain ‘engineer’s log). The discrepancy in these entries may be ex- plained either upon the supposition that the time pieces referred to by the recording officers did not agree, or upon the supposition that these officers did not note the time with absolute accuracy. Under either presump- tion we must be prepared to find similar vari- ances in other similar entries made by the same officers at about tie same time. When a ‘margin of error so great as this (five to ten minutes) is o be allowed for, the entries at to the bearings of the hook and the lightship be trusted to support an argument so closely reasoned as that of libelant’s counsel. The force of the direct testimony not being thus broken, and its weight supporting claim- ant’s contention that the collision occurred as least more than six miles off shore, it follows that the unknown sche ner, which the New- port encountered was not the Shaw. The decision of the District Court is affirmed with cost. NATIONAL BOARD OF TRADE. The national board of trade which met in Chicago last Friday, adopted the foliowing pertinent resolutions among others: The following resviution was proposed by Mr. Janney. of the Philadelphia board of trade: CORRUGATED FLUES FOR STEAM BOILERS, ALL SES . = Manufactured ‘ SOLELY IN THE AND WITH F tA NC ED UNITED STATES UNDER OUR OWN PATENTS AND THOSE OF Samson Foy, Leeds. England. :) THE CONTINENTAL IRON WORKS, Tuos F. Ro from New York] Warren F inact 1 arabe to Greenpoint | CHAS. H. Corser, j View Presidents, Tuos. F. ROWLAND, Jn., Treasurer. THE NEW YORK BELTING AND PACK ING COMPANY, , Vulcanized Rubber Packing of Every Description Bike: 10:h or 28 Street Ferries SLL oe popes | RUBBER ‘MATS AND STAIR-TREADS ; GATES & ‘ Rod oe , SOON gee Halls, Floors, Decks and Companionways, 32m es oe LX 2 OX te OX ‘ ‘ Rubber Belting, Packing and Hose. JFIRE TEST HOSE FOR STEAMBOATS & TUGS. ‘AP dnd T60! = Ras IAS 9 SAP APAT ATES CO = ce = S28: Peis ESS RES 7! NE IN EKG STKAM HOSE, D., CHEEVER, Dept. Tras WAREHOUSE: 15 PARK ROW, NEW YORK. No, 308 Chestnut St.. Phila, 203 Nicollet Ave, Minneapolis. ; Post & Co, Cincinnati, O. 151 Lake St., Chicago, 52 & 54 Summer St. Boston, i PERFORATED M ak JOHN H,. CHEEVER Treas, Cor Wazee snd 17th Sts., Denver, Colorado, LIDGERWOOD MANUF’G COMPANY, ‘tte. a PIAS ew York. ee HOISTING GIN FOR VESSELS AND DOCKS. European Branch—Pickhuben 5, Hamburg (Freihafengebist), Germany, Whereas, The commercial steam marine of the United States to foreign ports can only be made to succeed by the same means that have made that of other nations successful; therefore be it Resolved, That subsidies similar to those a!- lowed by other nations should be granted to American steamships for carrying the United States mails, Resolved, That these subsidies and every other proper means should be adopted by c7ngres- sional legislation for the purpose of aiding our merchants to compete on equal terms for the South American trade. Whereas, With the extention of steam and electric communication, the field for American products and manufactures is the world; Resolved, That our government should follow the example of leading commercial nations in encouraging the establishment of regular and frequent comuunication by means of American steamship lines, and to this end should recog- nize the same princi; al on the ocean which has proven so successful in increasing the efficiency of our postal service on land; viz,, payinga fair price for a fair service, irrespective of the amount of postage collected on any paticular route; and be it further Resolved, That every legitimate means to fos— ter our merchant marine should be used, [in- eluding the enactment of the law now pending in congress, popularly known as the tonnage bill] applying alike to sail and steam vessels en- gaged in foreign commerce, The resolution was carried, that part urg- ing the enactment of the tonnage bill, hav- ing been previously struck out. A proposition by the Chicago board of trade that congress be memorialized to so amend the interstate commerce law as to es- tablish a standard bill of ladiag, was re- ferred tothe committee on uniformity of laws, The following, offered by the New York board of trade and traneportation, was ad- opted, after considerable discussion: Resolved, That the-national board of traze fa- vors the proposition to organize a naval reserved for the United States, to cousist of officers and men from the mereantile marine, yachtsmen, ex-naval and ex-marine reveaue officers and watermen generally, and of vessels to be built with reference to their use in the time of war as auxiliary to the regalar navy. SUBVENTION OF MERCHANT STEAM- ERS IN AN AUXILIARY NAVY. With reference to the subvention of mer- chant steamers, possibly the following par- ticulars would not be uninteresting to some of your reeders as showing the assistance given to shipowners and indirectly to ship- builders, as it represents not less than eighty millions of dollars paid to shipbuilders for one class of vessels only, by the British govern- ment; indeed it may be taken for granted that such expensive steamers as the City of New York, City of Paris, the new White Star steamer Majestic and hersister ship,each worth about $1,800,000, would hardly have been built were it not for the enormous subsidy paid by the government. The retaining fee for each of the new steamers amounts to over $80,000 per anuum, and the total cost of retaining reaches nearly $2,000,000 per annum, ‘Lhe fleet is a formid- | DEGK HOISTS 4 srecuatty. Engines & Boilers Combined — wpaepea_ Ea EE CD ESS’ 2 EES a. y, i, SUperior Marine boile EAGLE BOILER WOR] : I). RIVKR, PRorPRIKTOR, . Con. Indiana and Many St. Buifala, Neate =] The Latest Improved } Hydraulic Machinery USED IN ALL CLASSES OF WORK. Marine, Stationary, Portable, Locomo- tive and Upright Boilers; also, Salt Pans, Smoke Pipes and Heavy and Light Plate Iron Work of all Descriptions. REPAIRS PROMPTLY ATTEN- ' DED TO. Sl init ow able one ‘‘in its way,” for there are pix vsssels over 8,000 tons with engine power sufficient to drive them ever24 miesanhour. ‘Twenty can steam 20 miles an hour, and the remain- ing 70 are good ‘‘16 mile boats.” Should these vessels be required as trvop ships or a Montague, Mict armed cruisers the price s\ipula ed foreach of the new steamers amounts to about $600,000 MANUFACTURERS OF sth oes per annum. Mee Ge Could not such a fleet be quickly produced in this, the richest, the finest and best gov- : i) erned country under the sun, with its illim- : itable resources both as tomen and materials, A N D B oO ] L E RS if its people would but do their duty towards , | : an industry that has ever gone hand in hand ‘ rae with the rising greatness of the greatest em. et aT eCLy Style exe: pires?—Joseph R, Oldham, in Marine Journal, \ ! sae Ge Bier se eee PROPELLER ‘WHEELS and Hea SUPERVISING INSPECTOR’S REPORT. pera is General Dumont, supervising inspector of . ‘oma 5 sal steam vesse's, in his annual nfo for the last A Specialty. Send for Circular : fiscal year says, that of the 1,878 applications : for pilot licenses, forty-two were rejected for color blindness. During the year 6,825 ves- | 2 sels were inspected, an increase of 805 over | Hig the previous year. Thirty-six accidents were | ~~ reported during the year, twelve collisions, five fires, five explosions, seven bursting of steam pipes, and seven wrecks. Two hundred and two lives were lost on steam vessels last year aginst 220 the preced- ing year. The average annual loss of life on| Smelters and Refiners of old precious a | antiteedas! ade steamboats for the last thirty years, divided | copper ores, cryolite, concentrates, jeweler’s sweepings, dro into decades, shows, General Dumont says, paint drippings, : a gratifying progress in the efficiency of the| Chemically pure Aluminium by mail $2 per ounce, ten officers of the inspection service “in carrying | per pound, ; into effect the laws to prevent loss of life on Catalogue of improved smelting and precious metal saving ! steam vessels ‘The data in this respect, | condensing process) sent free. furnished by hi: report, is as follows: From Assaying and analytical work in allits branches, 1859 to 1868, 721 lives lost annually; from ; 1869 to 1878, 865 lives lost annually, asa teots ie enn solicited, © Wonks in diane hs ie 1379 to 1888 only 218 annually.