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_ valid stipulation. MARITIME LAW. MARINE INSURANCE — POLICY—STIPULATION AS TO COURT WHERE SUIT ON POLICY SHALL BE BROUGHT. U. 8S. District Court Southern District of New York. A policy of insurance was issued in Canada to American citizens, through brokers belong- ing here, on freight of a vessel of the United States, and in respect to a voyage between South American ports. A clause in the policy provided that any action brought on the policy should be prosecuted in a court in the city of Toronto, Canada, Suit was brought on the policy in this court, and a motion was thereupon made to dismiss the libel on the clause above mentioned. Held, that the clause was invalid, and under the circumstances no equitable reason appeared requiring a court of admiralty of this country to decline in its discretion, to entertain jurisdiction of the suit. Brown, J. , : The respondents are a corporation organized and doing fire and marine insurance business at Toronto, Canada, and haying a branch office in New York for fire insurance only. In November, 1887, the company executed at Toronto a marine policy on freight per bark Aquidnock, belonging to the libellant, Slo- cum, a citizen of Massachusetts, upon the ap- lication of Galligher, Currey, & Whitney, insurance brokers of New York, in the sum $1,000, insuring Simpson & Shaw, on account of whom it might concern, in case of loss to be paid to their order. The company had conformed to the requirements of the Statutes of the state of New York as respects the transaction of fire insurance business within this state, but not as respects marine insur- ance; and it had filed acertificate providing for the service of papers upon its agents within this state as required by Statutes. The resent policy was issued at Toronto. A total oss haying arisen, the above libel was filed by Simpson & Shaw, residents of this state, and by Slocum, a resident of Boston. ‘he policy contains the following c!ause: “And if the assured proceed at law or Equity by suit or action to recover the whole or any part of the sum assured by this policy, such suit or action shall be brought and prose- cuted in her majesty’s court in the city of Toronto, and elsewhere, within twelye months from the date of such loss or damage, under the penalty of forfeiture of all benefit of this insurance, and of the same becoming thereby wholly void.’’ : Process was served upon the agent specified in the certificate. The respondents move to dismiss the libel upon the ground that this court, if not without jurisdiction of the cause, should as a matter of discretion decline to entertain it in the face of the above quoted stipulation in the policy. Whe Marine Record. MONTAGUE IRON WORKS, MONTACUE, MICH., WILSON & HENDRIE, Props. ——MANUFACTURERS OF— MARINE & STATIONARY ENGINES AND BOILERS OF ALL KINDS. HEAVY CASTINGS A SPECIALTY. PRICES QUOTED ON APPLICATION FORE AND AFT COMPOUND MARINE ENGINES, ——:0:____— by 26. 16 and 28 by 26. aft compound marine engine. guarantee them to give satisfaction. The engines on the following boats are of our manufacture: Steam barge Sachem, Grand Haven, Mich., 21 and 38 by 36. Steam barge Charles A. Street, Chicago, Ills. 20 and 36 by 36. Steam barge Isabella J. Boyce, Michigan City, Ind, 19 and 32 Steam barge M. T. Green, Chicago, Ills, 20 and 36 by 36. Passenger and freight steamer Mabel Bradshaw, Muskegon, Mich. The engraving represents our 20, 86 and 86 by 36 fore and We build them in all sizes and Prices furnished on application. Wison & Hendsie, Montague, Mich ? (A WIDE PXPERIENCE.) Laker Horon, May 27 1890. To the Editor of the Marine Record. I noticed in your issue of May 8th an edi- The authorities, I think, sustain the general doctrine that a stipulation inserted in a con- tract limiting the remedy for the breach of the contract to a particular forum is not a Several cases have held that such a stipulation distinguishing between the differen! courts of the same county or state will not be recognized or regarded as valid 2, {do not see why any greater effect be given to it abroad, or as between ts of the country of the contract, and opriate foreign tribunal. Prince Lehmann, 39 Fed. Rep. 704; H. L, 811: Nut vs. Hamil- 674, Sec, 596; Venins vs. 22; Bartlett vs. Union a vs. Routledge 7 Ind. 25; , 31 Mo. 518. The furnishes, therefore, no yn. y may, doubtless, in its to entertain jurisdiction in arising al , where none dent here. Suits for the foreign seamen involving a deten— ship, and brought here without stif reason, are declined. But where the controversies are communis juris special reasons should appear for declining jurisdic- tion. The Belgenland 114, U. 8. 355 365; Davis ys. Leslie, Abb. Adm. 123. 263; Tomas- sen ys, Whitewell. 9. Ben. 243; the Caroline, 14 Fed. Rep. 424; the Noddleburn, 30 Fed. Rep. 142. The Jibelants are all citizens of this country; two of them reside in this state and one in the district. No special circumstances are shown, as respects the particular matter in litigation to the convenience of witnesses, why the de— termination of the libelant’s rights should be had in Toronto rather than in New York. Though the policy was formally and techni- cally issued at Toronto, the whole business was with citizens of the United States, through brokers belonging here, upon freight ona vessel of the United States, and in respect to a voyage between South American ports. These circumstances do not present, so far as I perceive, any equitable grounds for re— fusing as a matter of discretion, to entertain asuit brought lawfully here to enforce an apparently lawful demand. On the contrary, this country, where the libellants reside, and where the business was in effect procured and its protits realized, seems to me to be the more appropriate forum. No case is cited in which, under such circumstances, jurisdiction has been declined. In the recent case of ex parte the Louisville Underwriters (134 U. 8.) Mr. Justice Grey observed: “Tn all nations, as observed by an early writer, such courts (admiralty) haye been directed to proceed at such times and in such manner as might best consist with the oppor- tunities of trade, and least hinder or detain men from their employments.” Zouch Adm. Jur, 141. * * To compel suitors in admiralty * * * to resort to the hcme of the defendant, and to prevent them from suing him in any district in which he might be served with a summons or his goods or cre- dits attached, would not only often put them to great delay, inconvenience and expense, but would in many cases amount toa denial of justice. I would not intimate that to remit the libellants to a suit in Toronto would in this case be a denial of justice, but an invalid stipulation is notsufficient reason for refusing jurisdiction of a cause which in all other respects seems more appropriately brought here, Motioned denied. April 5th, 1890. The Montreal Transportation Company, of Kingston, Ont., willsoon begin work on a new steambarge to cost $100,000. She will tow the Minnedosa. torial and letter from a Charleston correspon- dent of the New York Marine Journal, headed “Sound on the Wheel Rope Question.” Ihave sailed on the lakes for about forty years and would like to give my experience with the wheel chains.if you will permit me space in your paper. 1 commenced sailing on vessels and steered the straight chains for twelye years, I then went tugging on the De- troit and St. Clair rivers and steered the cross chains or steamboat fashion for eight- teen years, [then went to steambarging and steered the siraight chains or vessel fashion for six years, not for choice; but because the builder had more influence with the owners than I had, and persuaded them that the straight chain system would be 4aw in less than two years on the lakes. I managed to get along with the straight chains after a fashion without doing any damage; but I must say that it never came natural to me to steer with the straight chains again, so when Thad the power to order a steam steerer for the boat I sail now, and have been in for the last three years, I ordered it crossed chains or steamboat style, and it came as natural as life to me to handle a boat again with crossed chains. You say that “owners, masters and pilots are awakening to the necessity of a uni- form law to compel all buats on the lakes to steer straight chains’ but I think it will be the worst law that was ever gotten up for owners and insurance companies. Now, asI understand, the nautical terms of starboard and port mean right and left, it does not mat- ter to a wheelsman which way the boat’s bow swings; it is the wheel he controls and not the ships bow, we neyer say to a wheelsman to put the boats bow to starboard or port, but always say put your wheel a-starboard or port and with straight chains it necessitates him to put the wheel directly opposite to the meaning of the word, you say the straight chain rule is universally adopted in the Brit- ish mercantile marine thus necessitating the wheelsman “to avoid” starboard or port, but why make him put the wheel directly oppo- site tothe meaning of the word. I would hike an explanation of that part of the business, then our printed laws say when boats are meeting head and head they must put the wheels to port and pass to the right, we are compelled to frame those laws and hang them in the pilot house so the wheelsmen can read them, now why compel the wheelsmen to put the wheel directly opposite to the printed rules. As I understand it the tiller, or helm 1s the starting point that yoes to the right, when you say starboard the boats stern goes to the right, and I claim in handling a boat three hundred feet long in our harbors on the lakes; the stern has to be steered as much as the bows, when I’am on the pilot house and looking aft, if I want the boats stern to go to starboard and know the chains are crossed I don’t have to turn around and face the bow and stop to think, but I know the helm, the wheel and the boats stern all go to the right, and vice versa, and I can act on the impulse of the moment and I know I am not telling the man at the wheel to put the wheel directly opposite tothe meaning of the words star- STEERING WITH CROSSED CHAINS. { board or port. Now the “Mud pilot” says that formerly all seagoing vessels and tugs on the rivers steered yessel fashion; till some farmer inspector got in and changed the law wrong end to. Idon’t know what rivers he refers to, but I will guarantee him that nine-tenths of the tugs both river and harbor, on the lakes, always steered cross chains and do so yet. He says all steamboats on the lakes. steered straight chains till the farmer inspector got in, but I will guarantee him that it is just the reverse, a8 the inspectors statistics of four years ago will show that three-fourths of the steamboats and tugs on the lakes steer cross chains. He says why make the majority go with the minority, but I claim the majority of the steamcraft on the lakes steer cross chains, and you will find that nine out of ten of the vessel men on the lakes that have steered poth straight and cross chains prefer the cross chains as the most natural, of course there are some vessel eaptains in steamboats on: the lakes now, that never steered crossed chains, and I claim it woule be unjust to compel them by law to steer the cross chains now. I think the farmer inspectors: have done very wisely in not intertering with the present system of steering, but let every captain use his own judgment and it will not be long be- fore the thing will regulate itself universally on steamboats on the lakes to crossed chains. Thave never had any trouble yet breaking vessel men in to steer the crossed chains, but it seems to come to them at once as the right way to steer. The “Mud pilot” says he has steered both ways and has no preference, [ have steered buth ways and have a decided preference for the crossed chains. He says we have probably 5,000 steam vessels and he will guarantee that two-thirds were originally ship fashion until the farmer inspector dis- covered the mares nest; but I know of no law on the lakes yet, that has ever interfered with the wheel chains Iknow there has been a good deal of talk about it but I will guarantee the “Mud pilot” that three-quarters of the steamboats on the lakes always steered and do now steer with crossed chains. I can’t see why steamboat men must give way to ves— sel men as regards steering, I think they are just as intelligent and smart as the vessel men that are left, in every respect. He says when a tug is docking a vessel the difference in the wheels is liable to cause serious damage, but Tnever pay any attention toa tugs wheel when I have one aliead or astern of me hand- ling my boat, I have them very frequently, which way she steers, I don’t consider it has anything to do whatever with the handling of my boat whether the tug steers with crossed or straight chains, He says it no doubt sounds unenglish like to say starboard and put the wheel to port, but I say itis both unenglish and unnatural, I think we had better keep the farmer inspector in a while longer and keep the law asit is now, but if we must hayea uniform system of steering let it be crossed chains by all means, on the lakes, and let the about it, but I think the Americans can man- age to steer their vessels just as well as the English can and do it with crossed chains too. A VesseL, Tue AND STEAMBARGE CAPTAIN ON THE LAKEs, C. D, Waterman, of Grosse Isle, will have a 250 foot freight steamer built. PROPERTIES OF STEAM. (By E. BE. Roberts, late of Engineer Corps U. 8. N.) Steam is composed of the same gases that form water, viz: oxygen and hydrogen, and in the same proportions. ‘Ihe weight of a cubic foot of water is about 62 pounds, and the weight of the steam made from it is the same, (if unsupported by the atmosphere) no matter what its pressure or volume. By volume is meant space occupied; the greater the volume the less the pressure. If a cer— tain quantity of water be evaporated without being confined, it will occupy in the shape of steam about 1,700 times as much space as it did in the shape of water. The steam then is subject to the pressure of the air, which is equivalent to about fifteen pounds per square inch, and in order to resist the pressure of the atmosphere the steam must, of course, have the same pressure itself. Now, suppose this steam is compressed so as to occupy only 850 cubic feet of space in- stead of 1,700 cubic feet, then the pressure will rise to thirty pounds, and if compressed again, so the volume is only 425 cubic feet, the pressure will again .be doubled, making 60 pounds per square inch. This is not mathematically exact, but will answer for the illustration, and is based on the supposition that we still have the original quantity of steam, and that there has been no condensa— tion or return to water. Hence the rule, that the volume is inversely as the pressure—that is, as the volume decreases (without conden— sation) the pressure increases. T have frequently been asked how we could weigh steam go as to express it in pounds per square inch. The answer is that it is not weight thatis meant in this case, but simply pressure, which, exerted on a square inch of surface, would balance the weight mentioned. Now whence is this pressure, on which the whole power of the engine depends, derived? Let us go into it in detail: The boiler is partially filled with water; above the water is air. We start fire, boil the | t water at a temperature of 212° Fahrenheit, and begin to make steam. If the safety valve be open, as soon as the steam acquires a press- ure of about fifteen pounds per equare inch it drives out the air, and takes its place in the boiler above the water. Now close the safety- S. B. GRUMNA —TUGS— ‘Winslow,’ ‘ 7M. ys ae : + itecan's aoertng aaceen'} Detroit, ("OFFICES OPEN DAY AND NIGHT, SATISFACTION GU. English merchant marine do as they like Branch Offices, Port Huron, Cheboy q and Sault Ste valve and watch the result. No pressure is shown in the steam-gauge, because the press— ure of the steam within the spring of the gauge is balanced by the pressure of the air on the outside, and the gauge is made in such a way as to show only the pressure of the steam above that of the atmosphere. But wait a moment—the index of the gauge begins to move slowly, and after a while indi- cates that there is in the boiler pressure ¢ steam of fifteen pounds to the square above the pressure of the atmosphere, ‘ is now double the quantity of steam boiler above the water that there Y we closed the safety-valve, and water. The weight of the wl the boiler, both steam and ¥ changed, and their yolume has either, because being confined that was impossible, but t created because steam is volumes of steam : same space that one the safety-valve; doubled. Two volumes forced into one generated by the vented from the’ confinement of the work designed science of navig: of the Marine ‘Marie. WRECKING TUGS LEVIATHAN Capt. Chas. E. K Martin Swain Stationed i@rWITH FULL