Maritime History of the Great Lakes

Marine Record (Cleveland, OH), April 18, 1889, p. 7

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OF TUGS— — aS 4s Roberts patent boat detaching apparatus. See SIMPSON & 60., |GENERAL comnrRACTORS. 9) SPEREYE ANCHOR Works, | ; ( J Dal ROP . \% BLOCK P "gt Ae 3 i - ~T Pr oe rT oR A TE BAP A D UCKS:: eg AGS THE STANDARD SELF-DETACHING the patent is positively automatic and can be IA BOLT ROPE, WARE AND SHIP-CHANDLERS’ GOODS GENERALLY. ) 35 Sours SrrEET D, WORTHINGTON, Horizontal Straight. Base Hydraulic Jacks. b PUMPS, ROTARY A > Divers, Hawsers; Lighters, ete. SE AND OFFICE ON DOCK, PCOT OF FIRST STREET. i fia? » Detroit, Mich. RY PRINGLE with Steam Hoister and Wrecking Outfit on Board. (CE OPEN PAY AND NIGHT—SATISFACTION GUARANTEED. oy at PORT HURON & CHEBOYGAN, MICH. a oe aH Mwes EU ae \THAN, CAPTAIN M. SWAIN, STATIONED at CHEBOYGAN han, M. Swain Champion, . A. Moore and Oswego. we ew ee ee ee ee ee ee er en eens oe eee ee eee DUNBAR & SON, ——MANUFACTURERS OF—— sting Engines; Single-and Double Drums FOR VESSELS & DOCKS. Accompanying Cut shows our Double Drum Hoister, operated by ONE engine. Two hatches can be Two machines in one, at low cost. Send for descriptive catalogue- R. DUNBAR & SON, BUFFALO, N. Y. Hi, B. & &. B. BURGER, Ship-builders and Contractors. | MANITOWOG6 DRY DOCK. Dry Dock will admit Vessels of 1100 tons drawing 12 feet. Have also a set of Boxes in connection with the Ship yard capable of. lifting Vessels of 350 tons. large stock of SPARS CONSTANTLY ON HAND. VESSELS POCKRD AND REPAIRED ON REASONABLE TERMS, MANITOWOC, WIS. DETROIT BOAT WORKS. SOLE MANUFACTURERS OF Olank’s Patent Metallic: Life Rafts. HIGHLY INDORSED BY THE bOARD OF SUPERVISIA iL - SPECTORS. Life Boats """ E awl Boats in stock 14, 16, 18,20 and 22 feet long. 78, anand 2 feet lors. “Steam and Hand Steering Wheels to Order Shops ft. of ORLEANS ST,, DETRO1! MICH. a a ay Also for THOS. DREIN & SON BUILDERS OF METALLIC LIFE BOATS and LIFE RAFTS of all classes Governmentand PleasureBoats Biock Cork Life Pre- servers. Sole manutacturer ov: Capa JomaTHan Cone’s celebrated PatentLifeRafts Watnal and Railroad Wilmington, Del ’ _ Agent for Ericson’s patent oil ‘distributor for vessels. . AND BUILDERS OF E | sim2son's PATENT IMPR | NO, 8} BROAWWAY OVED TIMBER DRY DOCK » NEW YORK GITY, DAVIT FALL TOOK. By referring to the illustrations below own- : ers and masters of vessels will see that this device is one that could be used for lowering small boats with great advantage. The cuts represent the hook open and closed and the beckets which will prevent a heavy sea from unhooking it while a vessel is under way. The use of these hooks will allow a boat to be Idwered without a hand getting into her, as quently a greater satisfaction to the buyer. These hooks have been thoroughly tested with entire satisfaction, and may-be seea im practi- cal use on steamers Samnel Mather, Progress, Lackawanna, schooners Golden Age, Wadena, Fayette Brown, Thomas Quayle, Warner, | Annabel Wilson, Ahira Cobb, Kent, Alva, "ST utilized on all occasions, Although the hook has been manufactured for some years it is only now coming into general, use. Seamen, as a rule, are usually chary about adopting new ideas and inventions, preferring to stick to the old, true and tried systems, even if they do entail a little Scotch navigation; but this appliance is meeting with unbounded favor, and as the inventor, Mr. Learman, is always willing to allow trial tests, there is conse- Bradley, Ogariia, Hattie Wells, S. A. Irish, Sumatra, Montgomery, John O’ Neil, and, the musters of these vessels will testify to the speed with which it can be handled. Sold by ship chandlers ., Address GEORGE W. LEARMAN, 24 Seneca st., Cleveland, Ohio. MARITIME LAW. STATUTE OF LIMITATIONS—DISCRETION OF AD- WIRALTY COURT TO EXTEND COMMOM LAW PERIOD—WHEN EXERCISED. U SS. Yistrict Court, Southern District of New York. An admiralty court may grant relief after the expiration of the period of limitation fixed-by-statute.in.common law suits of a simi- lar nature But it is not warranted in so extending the statutory period, except for some cause of practical inability to sue, or for some peculiarity of a maritime nature that demands recognition in a maritime court, and make it plainly a matter of justice, that this discretion should be applied. Brown, J. The above libellants were the owners of a cargo of brick on board the canal boat Idle Hope, which was sunk on the 23d of Novem- ber, 1881, while in tow of the Amboy, by a coliision with the Transier No. 2, in going up the East River to the westward of Blackwell’s Island. Upon a previous action against the defendant's bouts, brought by the owner of the Idle Hope, both tugs were found in fault and a decree entered against both in December, 1884, which upon appeal was affirmed in the Cireuit on July 14, 1886, The Amboy, 22 Fed. Rep. 555, The libel in the present case was filed July 6th, 1888. Theclaimants plead the statute of limitations; and under the re-' cent decision in the case of Southard vs. 3rady, I feel bound to sustain the plea. There has been no time since the collision during six and a half years when an action could not have been brought by the libellants, or their representatives or assigns, to recover their damages. It appears, however, that the claim was early placed in the hands of competent counsel, who advised waiting until the pre- vious case was decided, in the expectation | that if the tugs were held liable, payment would be made without further legal expenses. The previous case was fully tried on the merits; the testimony printed in full in the Apostles on appeal; and both tugs being held liable, the libellants in the present case offer the former record as an adjudication determining the liability of both tugs and available in the | present suit. By the reception of this record the respondents would obtain all the benefit of the former hearing, and of all the witnesses, some of whom have since died or disappeared, There is no question, therefore, in this case about the loss of evidence, which is doubtless: one of the grounds of the statute of limitations, and the wish to avoid unnecessary litigation was so far meritorious. As the statute is not strictly applicable to suits in admiralty, there is no doubt of the discretionary right of the court to give relief in a proper case after the expiration of the statutory period of limitation upon common law suits of a similar nature. But the general course of the admiralty is to shorten not to lengthen, the statutory period, as re- spects the enforcement of liens, This is done in the interest of subsequent purchasers, mortgagees or lienors, who are prejudiced by prior secret encumbrances. The general rule therefore, is that us respects such subsequent | bona fide encumbrances, liens must be _prose-| cuted with reasonable promptness or they will | be lost. Bat when no subsequent bona fide | liens have arisen, there is no good reason why a suitor should not be permitted to pro- ceed in rem ia courts of admiralty, so long | as he may sue in personam, or maintain a suit at law for thesame debt. The Lillie Mills, 1 Spr. 307; The Bristol, 11 Fed. Rep. 162; Martino Cilento, 22 do, 859. But the policy of statutes of limitation as statutes of repose must be respected in courts of admiralty as much asin courtsof common law. In the careful brief furnished by the libellant, no case is cited where any suit has been sustained after the lapse of the statutory period. In Willard v. Dorr (3 Mason, 91) though the services were rendered 12 years previous, the cause of action did not accrue, in consequence of the capture of the ship, until within the statutory period. Tn my judgment the court is not warranted is extending the statutory period in the ex- ercise of its discretionary powers in admiralty suits, except for some cause of practical di-- ability to sue, or for some peculiarities of a maritime nature that demand recognition in a maritime court, and make it plainly & matter of justice that this discretion should beapplied. In the present case noth ng of the kind exists, nor did the defendants in.any degree induce the delay, or encourage the expectation of settlement, The libellants delay was wholly voluntary; and much as the loss of an appar- ently just demand may be regretted, I f el constrained to hold the claim barred, Judgment for defendants without costs. A FINANCIAL DIFFICULTY OF A GREAT COUNTRY. The board of bereau chiefs of the uavy de- partment to which was referred for report the proposals received for the construction of the armored coast defense vessel is in daily ses— sion, A financial difficulty has arisen which threatens to render fruitless all of the elabo— rate work of design or competition which has occupied the bureaus of the department for months past. It springs from the apparent requirement of the act of congress making the appropriation of $2,000,000 that it shall be the total cost of “naval structures.’””?’ Some months ago bids were invited and proposals re- ceived for building a submarine torpedo boat: the cost of which was to be met from this ap- propriation of $2,000,000. Up to the present date no award of contract has yet been made, The lowest suitable offer to build this craft placed the cost at about $150,000, If the award should be made at this figure, there will not be sufficient money remaining, ac- cording to the closest calculations of the board, to build the armored coust defense vessel. On the other hand if the submarine boat is aban- doned, and the contract awarded to the bid- ders for the larger vessel, the question would arise whether such action would not violate the apparent intention of congress to provide for more than one nayal structure, It has been suggested as a means of escape from the ' dilemma that by close figuring enough money might be saved over and above the cost of the coast defense vessel to build a small torpedo boat, and that the submarine boat might be abandoned. Itis probable that the board will not attempt to solye this problem, but will simply report the facts to Secretary Tracy, who will refer it for solution to the Judge advocate general for the department. COMPASS DEVIATION. The fol'owing communication from the hydro- graphic office is full of interest to mariners, ‘Lt has long been an established fact that the deviation of the’c mpass needle (the variation ~ from the magnete north caused by the materials in the bull of the vessel) >s liable to sudden and decided changes, due to violent motions aud heavy shocks in a seaway, but antil recently no ~ example bas eom- under the observation of this office,” : “Ca; tain Kimman,” commandins the Swed- ish) steamship Victoria, has recently wade a very interesting statement concerning such a cnange in the compasses of his vessel. During the gale of the 11th to 14th Feb,, 1889, the vesse was more than usually violent in her motions, vid suffered xevernl very severe shoeke from the tremendous sea, which was runuing at the time. Alter the vale the discovery was made that the deviation of the en. pass had undergone a com- [plete and viry decided change, umountiog in Sume case~ tu 13°, or more than ove point of the vompass; as, in setting courses, an accurate kuowled se of the devia ion is an absolute neces- sity, in order to ensure the vessel being properly vuided, it may readily be imagined to what danger a vessel may be exposed should such a change as hat recorded above fail to be dis- covered, The subject is one of g eat interest to sea-faring peo: le, especially to thuse who serve in irou or ster] vessels, and it is hoped, should others have any such experience as the above, “that they will not fiil to report all the facts as promptly and as fully as possible to this office, —~ —> A RA‘ ER OF THE SBAS, [fas the reader ever s ood 1n the engiue room of An ocean steamer when she was planging through an Atlantic gale at the rate of seven- teen or more Knots an hour? Even if he has done so, and been awed by the experience, it is not tikely that he has been able tu fully realize the immensity of the power exerted. He needs some standard of com) arison, and tor that pur- pose we way offer him the ancient galley, and r peat @ passage from the address made by Sir Prederick Bramwell at the meeting of the Gritish Association last September: ‘Compare 4 galley, a vessel propelled by oars, with the modern Atlantic liner. Take her lensth as some 600 feet, avd assume that place be found for as many as 400 cars on each side, each oar worked by three men, ur 2,400 men; and allow that six men under these eondirions could de- velop-work equal to one horse-power; we would have 400 hurse-power. Double the number of men, and we would have 800 hors¢-puwer, with 4,800 men at work; and at least:the same num- ber in reserve, if the journey is to be ca continuously. Contrast the re obtained with the 19,500 h by # large prime-mover of | Figeb adel j ; to carry this number of men in such a u'ilized so #8 to impart.to it a speed of twenty knots an bour.—Seribner’s Monthly. ¢ CREW SPACE, TONNAGE MEASURE \VENT. The allowance from the register tounage in respeet of crew space was thesubject uf an act, known asthe Merchant shipping ae, of 1867 (30 and 31 Viet., cap. 124.) This uct is of a twofvld character, making certain regulationa as to the proper construction and arrangewent of the places appropriated to the crew, whieh are binding upon all British ships; and provid- ing thal if certain additional conditions are complied with, a deduction sha'l be made from the tonnage in respect of the crew space, The ; cumpuleory regulations may be thus summar- izid: For the use of every seaman or appren- tice there must be 72 cubic feet of space and 12 square feet of deck or floor area. Every place appropriated musi. be fit and proper for use, must be lighted and ventilated, protected from weather and sea, shut off from effluvia, and kept free from gvods and stores not being the property of the crew. If the latter regulatiou is not complied with, the master is held lable to pay one shilling a day to each seaman lodged in the place for every day that the stores or goods remain in the place after complaint, such comp aint having been made by not less than two of the crew, Ail these regulations apply to all Briish ships, whether their owners have or have not applied fur and obtained the de- duction from register tonuage in respect of crew space.—Loudon Nautical Magazine, SIGNAL OFFICE, WAR DEPARTMENT. The Chief Signal Officer finds that an er- roneous opinion prevails with a large number of persons to the effect that the pub- lications of the signal service can only be obtained through the personal intervention of intermediate parties. It is the aim and desire of the chief signal officer to distribute the publications at his disposal to such persons, corporations, and institutions as are entitled to them on account of their scientific pursuits, original investi- gations, for educational purposes, or proposed application to agricultural, commercial, man- facturing, and other business transactions. The intervention vr recommendation of a second party is unnecessary, except so far as to guarantee the standing and good faith of otherwise unknown parties. A simple appli- cation for what is wanted, with a brief state- ment as to the necessity for the same, ad- dressed to the Chief Signal Officer, Washington, D, U., will receive prompt attention. If the publications cannot be furnished the app icant will be so informed, A. W. Gree y, Chief Signal Officer.

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