The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

" ‘MARITIME LAW. SOLLISION—VESSELS UNDER STEAM MEETING END ON—CHANGE OF 2OURSE. YS. STEAMBARGE TRANSFER NO 5—LONG {SLAND R. CO. VS, STEAM PROPELLER SEA GULL AND STEAMBARGE TRANSFER NO. 5. U. 8. District Court, Eastera District of New York. he steamboat Sra Guil was proceeding by night up the East River, just below Black- well’s Island. The steamtug Transfer No. with a car float gn her starboard side, came down the channel on the east side of Black qell’s Island made the lights of the Sea Gull on her starboard bow and blew her two whistles. The Sea Gull ported to go to the right of the tow, but struck the float and w6s gunk. Her claim was that the Transfer blew her one whistle. The court found that the Transfer’s whistle was a signal of two blasts, ‘and therefore held that the Sea Gull was tn fault for the collison. Benedict, J. ; The pleadings in these cases and the testi- ‘mony of the master of the Sea Gull, make it entirely clear that the Sea Gull was proceed- dng up the channel outside of Transfer No. 5, which was moyiong down the channel. The wvegsela were not on parallel courses, and the matural navigation under the circumstancas would have been for the Sea Gull to pass up in the tide outeide of Transfer No. 5, and for Transfer No. 5 to keep near the shore coming down. Instead of passing outside the Trans fer No. 5, the Sea Gull ran across the course of the Transfer No. 6, intending to pass up inside of her, and so caused the collision. Her only justification for this course is that ehe received a signal of one whistle from the Transfer No. 5. The cause turns, in my opinion, upon the question whether the Transfer No. 5's signal, being the first signal given between these two vessels was a signal of two whistles or of one. Dpon this question of fact the weight of the evidence is against the Sea Gull and in favor of the ayerment onthe part of the Transfer Wo. 5, that her first signal was two whistles, This finding is conclusive of the case. The libel of Reed against Transfer No. 5 must accordingly be dismissed, and the Long Jsland Railroad Company must recover in their action against the propeller Sea Gull, and her libel as against the Transfer No. 5 must be dismissed. April 14, 1890. MEMURRAGE—CHARTER PARTY—AGREEMENT ABSOLUTE TO FURNISH CARGO—UNFIT WEATH- ER FOR LOADING. District Court, Eastern District of New York. 1. Where the charter party of a vessel rovides that so much cargo shall be furnished yessel each day for loading, and is silent mn the subject of the weather, the charterer akesthe risk of the weather being unfit to Ow. 8. loading libellants vessel at At- five days demurrage in dis- York. The charter provided as. kiln-dried boards, 2 rate of 30,000 feet _ was mad aster place designal recovery could be at that place. This is an action to recover three days _ demurrage in loading the libellants vessel at _ Atlantic City, Norfolk, Va., and five days sdemurrage in discharging the vessel ar New York. In regard to the detention in Atlantic City da loading the vessel the fact is undisputed that the vessel was detained three days, and that the detention urose solely from the fact that the weather was rainy, and that the boards having been kiln-dried, could not be put on board in such weather without damage. The provision of the charter was as fol- dows: “It isagreed that the lay days for foading and discharging shall be as follows, af not sooner despatched. From the time the vessel is ready to receive or discharge cargo 30,000 feet per day, Sundays excepted, to be furnished for loading; and quick dispatch for discharging; and that for each and every day’s detention of the vessel by default of said party of the second part or agent, $25 per day, day by day shall be paid by said uparty of the second part to the party of the first part or agent. The cargo or cargoes to +e received and delivered alongside in reach of the vessels tackles at ports of loading and discharging.’’ There is no dispute as to the fact that the vessel was ready for loading at Norfolk at the appointed time, and that if “30,000 feet of boards had been furnished her seach day she would have been loaded three -days sooner than ghe was. Nor is there any -dispute as to the fact that the sole cause or failure of the charterer to deliver the boards alongside the vessel, as agreed in the charter arty, was that the weather was rainy, and the ards which were kiln-dried would be dam- caged if loaded in the rain. Under such a contract, absoltite in its terms efor the delivery to the yessel of 30,000 feet of boards per day, I amof the opinion that the wisk of the weather is assumed by the char— aerer. It would have been so easy to have said “weather permitting;’”’ that the absence of words of that import indicate an under- * standing that the weather was at the risk of athe charterer. The words “by default of the party of the second part’’ mean the default in urnishing 30,000 feet per day alongside the vessel for the loading thereof. Thiss vs. Byers 1Q. B. Div. 244. In regard to the detention of the vessel in New York in unloading, the evidence makes it clear that the delay was by fault of the masterof the ship in not proceeding to the lace designated forthe discharging of the ‘9 on Saturday or even Monday morning. ff he had arrived at the place on Monday morning even, itis evident that he would Have been discharged at once. 3 Whe Marine Record. MONTAGUE IRON WORKS, MONTACUE, MICH., WILSON & HENDRIE, Props. ——MAN MARINE & STATIONARY ENGINES UFACTURERS OF—— AND BOILERS OF ALL KINDS. HEAVY CASTING A SPECIALTY. PRICES QUOTED ON APPLICATION FORE AND AFT COMPOUND MARINE ENGINES, The engines on the following boats are of our manufacture: Steam barge Sachem, Grand Hayen, Steam barge Charles A. Street, Chicago, Ills. 20 and 36 by 36. Steam barge Isabella J. Boyce, Michigan City, Ind, 19 and 82. | ry 26. Passenger and freight steamer Mabel 16 and 28 by 26. The engraving represents our 20, 36 and 86 by We build them aft compound marine engine. guarantee them to give satisfaction. ikon & Hendrie, Montague, Mich, Mich., 21 and 38 by 36. | Steam barge M. T. Green, Chicago, Ills, 20 and 36 by 36. Prices furnished on application. Bradshaw, Muskegon, Mich., >: o 6 fore and in all sizes and The libellant must recover for three days detention at Atlantic City atthe rate provided in the charter. Let a decree, be entered libellant for $175 and costs. May 10, 1890. in favor of the NAVAL RESERVE MILITIA. Mr. Wallace, of New York, introduced the following bill: Making an appropriation for the establishment of the State naval militia of the United Statesenaval reserve. Be it en- acted by the Senate aad House of Representa— tives of the United States of America in Con- press assembled, That fifty thousand dollars is hereby appropriated, out of any moneys in the Treasury of the United States not other— wise appropriated, fgr the purpose of pro- viding ordnance, arms, ammunition, uniforms, acd equipments for is-ue to the naval militia, which sum shall be apportioned thirty ‘days after the passage of this act among the sev- eral States which shall, on or before the ex- ~~ | piration of that time, have authorized the establishment of a naval militia, according to the number of Senators and Representatives to which each of said States, 1e-pectively, is entitled in the Congress of the United States, as compared with the total number of Senators and Representatives from all the said States; such apportionment being made by the Secre- tary of the Navy upon the certificate of the governor of the State transmitted on or be- fore the expiration of the said thirty days: Provided, That if, within six months from the date of the apportionment of the said fifty thousand dollars, the number of regul- arly enlisted and organized nayal militia in any of the said States shall not appear upon the certificate of the governor thereof to equal fifteen men for each Senator and Re- presentarive from said State, its allotment shall be reduced pro rata, and the balance which is thus determined pot to be available shall be covered back into the Treasury of the United States: And Provided furtner, That the purchase and manufacture or ordnance, arms, ammunition, uniforms, and equipments for the naval militia under the provisions of this act shall be made under the direction of the Secretary of the Navy as such arms, ord- nance, uniforms, equipments, and ammunition are now manufactured or otherwise provided for the use of the regular Navy, and they shall be receipted for and shall remain the property of the United States and be annually accounted for by the governors of the States, for which purpose the Secretary of the Navy shall prescribe and supply the necessary blanks and make such regulations as he may deem necessary to protect the interest of the United States; and the Secretary of the Navy is further authorized, on the request of the governor of any State, to permit the naval militia to be embarked on board receiving or other ships of the Navy for purposes of drill or to assign for their use any vessel which may be unfit for sea service in the regular Navy if, in his opinion, the exigencies of the publie service will permit. Src. 2. That this act shall take effect im- mediately. AMENDMENT PROPOSED To THE NAVAL AP- PROPRIATION BILL, For the purpose of providing ordnance, arms, ammunition, and equipments for issue to the naval militia, fifty thousand dollars; which sum shall be apportioned July 1, 1890, among the seyeral States which shall, on or before that date, have authorized the estab- lishment of a naval militia, according to the number of senators and representatives to which each of said States, respectively is en- titled in the Congress of the United States, as compared with the total number of senators and representatives from all the said States; such appointment being made by the Secre- tury of the Navy, upon the certificate of the Governor of the State, transmitted on or before said date. Provided, That if within three months from | the said date, the number of regularly en- listed, organized, and uniformed naval militia in any of the said States shall not appear to equal fifteen men for each senator and rep- re-entative from said State, its allotment shall be reduced pro rata, and the balance which is thus determined not to be available shall be covered back into the Treasury of the United States; and x Provided, further, that the purchase and munnfacture of ordnance, arms, ammunition, and equipments for the naval militia, under the provisions of this Act, shall be made un- der thé direction of the Secretary of the Navy, as such arms, ordnance, equipments, and ammunition are now manufactured or otherwise provided for the use of the regular navy; and they shall be receipted for and shall remain the property of the United States, and be annually accounted fur by the Governors of the States, for which purpose, the Secretary of the Navy shall prescribe and supply the necessary blanks, and make such regulations as he-may deem necessary to pro- tect the interest of the United States; gad the Secretary of the Navy is further authorized on the request of the Governor of any State to permit the naval militia to be embarked on board receiving or other ships of the Navy, for purposes of drill, or to assign for their use any vessel which may be unfit for sea service in the regular Navy, if in his opinion the exigencies of the public service will permit. OBNOXIOUS LEGISLATION, Mr. Farquhar introduced the foliowing bill in the House of Representatives, December 18, 1889. Read twice, referred to the Com- mittee on rivers and harbors, and ordered to be printed.—A bill to authorize the use of the North Pier at Buffalo, New York, for com- mercial purposes. Be it enacted by the Sen ate and House of Representatives of the United States of America in Congress as— sembled, That the Delaware, Lackawanna and Western Railroad Company be, and it hereby is, authorized to maintain upon the North Pier at Buffalo, New York, coal trestles and pockets for the transfer of coal to vessels: Provided, That said company shall maintain such pier in good repair at its own expense: Provided further, That such use shall not be deemed to divest or in anywise affect the right, title, or interest of the United States in the land whereon such pier stands: Provided further, That such company shall at all times provide and maintain, as now constructed, a landing stairway upon said premises, and per- mit the officers and men in the service of the United States to have free use thereof and access thereto over its tracks and property in the rear thereof in the manner specified and pursuant to the terms of the supple- mental agreement between said company and the Secretary of War, bearing date the four- teenth day of February, eighteen hundred and eighty-five. A JUDICIOUS PROTEST, To the Senate and House of Representatives in Congress assembled: We, the undersigted, owners and managers, as well as masters, of steam and sail vessels employed in the navigation of the Great Lakes, hereby beg to protest and object to any and all bills, joint resolutions, or petitions, for the purpose of assigning, by lease or other- wise, any part or parcel of the pierd of our Lake harbors to the mse of any incorporated bodies, railroads or otherwise, or to private individuals, for reasons that said piers, at their entrance and for a considerable distance inside therefrom, are in heavy weather re- quired for the safe entrance and protection of vessels, as well as the lives and property on board all vessels making a port or harbor un- der such circumstances. While in still weath- er the parties having official right to use such piers, or any part thereof, in such manner, would probably take, as has been the case, the greatest advantage thereof, and permit sail or steam vessels, ‘“‘theirown or otherwise,’ to | lar spot, and thereby narrow the channel to and outgoing crafts—sail or steam. question, suppose for a moment that it is the and harbors for the special private use of corporations or individuals. For it may be considered a fact that the use of our harbors in such a manner will sooner or later be pro- ductive of serious disasters, if not loss of life. We, there ore, pray and trust that you can and will effectually resist and reject all such propositions, be it at Buffalo, N. Y.. Grand River, Ohio; Chicago, Ill; or any other of the many harbors established and built under former acts of, and appropriations by, Con- gress. Should such privileges be granted at even one or two points upon our Great Lakes, the so doing can but tend to establish an unnec- essarily bad precedent, and, when once done, others will doubtless be disposed to follow and demand similar privileges. In the action of the parties at Buffalo, Grand River, and Chicago, in asking for such use of the piers and harbors thereat, we must seriously object to the granting thereof, for reasons that the applicants being private in- dividuals or corporations are not entitled thereto, as against the general public repre— senting the navigation and commercial inter- ests of our Great Lakes and their tributary country. Derrorr Vesse~L Owners’ AssocraTion. (Signed) Exer Warp, President. (Signed) Joun I. ApAms, Secretary. Derrorr, Micu., June 28, 1890. NEEDS INVESTIGATION. SAULT STE. MARIN, MICH., July 15. © To the Kditor of the Marine Record. On July 5th. the Planet consort of the upon the certificate of the Governor thereof, | lay to, three or more abreast, at that particu— | such a degree as to create a liability to de-| Inspector of steam vessels for the ninth | | : tention or damage by collision to incoming | trict, this office has been furnished with lof the casualties to shi ’ And we cannot, in the consideration of this ‘to July 1 1890 as follows: intention of Congress to appropriate money | cago, the wind being fresh from for the construction and maintenance of piers ; the propeller wheel struck some obstrt so steambarge Pease went aground at Squirrel | At Oswego on June Island in Canadian waters on the Ste. Mary’s Indienne ran on CASUALTIES. Through the courtesy of the Super pping from Janu On April 9th, the Cayuga bound fo: which broke all the buckets and left sel helpless. Vessel drifted ashore ed up at fout of Carolina street and there until the 11th when released. On the 10th of A Castle while p: collided with towii On April 1th roof over the boiler Crew were unable | value of steamer estimat On April 19th, w lying in Cleveland, H On May 18th sand Strong on Lake Erie Cleveland collided sinking the Alice Saturday evening in the engine room of nell, damage abou known. we ; June 8rd, Peter | steamer Walter H. Ston: June 3, steamer Lake Erie near Point cause unknown, dam June 9th, collision ce ers Niagara and E damage to the Shriver of River about twelve miles below Sault Ste, | Rideau Canal, damag: Marie, The captain came to Sault Ste. Marie| Steamer FP. L. Vi Mich. for assistance to lighten her, there be- Chicago, when wit ing no Uanadian lighters on the Ste. Mary’s fetched up on Wind River. Application was made for assistance to the steam lighter Mentor, but as the Planet | was in Canadian waters no permit could be~ obtained from the custom’s official at Sault Ste. Marie, Ont, to work on her. After let- ting the steambarge Pease and consort lie there for two days permission was given to a little Canadian tug, called the Saucy Jim, to come to the American side and engage an American lighter, the Mentor, the same lighter that waa refused a permit to render assistance two days previous. If the Canadian custom’s official gives a permit to a little Canadian tug to come to the American side and engage a lighter to make capital out of, and they do make capital out ofit, as he demands an exorbitant price and is of very litue assistance tothe barge in trouble, then it looks asif something was wrong at the Custom House at Sault Ste. Marie, Ont. that needs investigation, or why should permit be given to Canadian tugs to come to the American side and engage a lighter which was absolutely refused to the round lighter direct. * Inrerestep Parry, A CANADIAN FOG It is suggested that a seco Thunder Cape, Lake Sup sirable acquisition, aa thi in the horn now used en The only extra expense horn and an additional ir which would be a trifling amou The danger of trusting to as not be coutinued, as an a serious matter for na} horns when one chanced steam could be applied t tive minutes and it ¢ fective one was being r: The 20 inch horn another like it would could reasonably be re ~Hundreds of pe ayoid the hot wea m,, returning: for business a