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

ESTABLISHED 1878. VOL. XV. CLEVELAND, OHIO, JANUARY 28, 1892. NO. 5 TREASURY DECISIONS RELATING TO VESSELS. Steamers chartered by the United States must be inspected under the provisions of Title LII of the Revised Statutes. ‘TREASURY DEPARTMENT, November 21, 1891. Str: In reply to your letter of the 14th instant, you are informed that section 4400 of the Revised Statutes especi- ally exempts public vessels of the United States from the provisions of Title LII of the Statutes, “Regulations of Steam Vessels,” but this exemption would not cover the ease of a chartered steam vessel in the employment of the United States. (See Department decision No, 8010, January 28, 1887.) If it is a fact, as your letter would seem to indicate, that the United States Fish Commission steamers engage in passenger traffic from port to port, such traffic is, in the opinion of this Department, a perversion from the legiti- mate duties of such vessels, as contemplated by law, un- less the persons carried are employes of the Fish Com- mission and directly connected with its work. To Collector of Customs, Sandusky, Ohio. Vessels—Marine documents to be produced to revenue ofticer on demand. TREASURY DEPARTMENT, November 7, 1891. Sir: This department is in receipt of your letters, dated the 22d ultimo and 6th inst, respectively, relative to the schooner Veranda, reported by Captain Slamm, of the revenue steamer Dexter, to have been found without marine documents, in violation of section 4336, Revised Statutes. The evidence shows that demand was made by the revenue officer, and that the papers could not be found, the master being on shore. He states that the crew on poard did not know where the papers had been placed, and avers that there was no intention to violate the law. The Veranda is a small coasting’ steamer, and you report that the master and owners have usually been prompt in complying with the regulations. While there may be doubt, as you suggest, whether un- der strict construction, there was a technical violation of the section, the Department is of opinion that facilities for the inspection of the papers by the revenue officers, on demand, should be afforded in such cases. You will accept a penalty of * * * as sufficient for the offense. Please report the final disposition of the matter. To Collector of Customs, Hartford, Conn. Lights on barges in tow, TREASURY DEPARTMENT, November 13, 1891. Srm: This Department isin receipt of your letter, with- out date requesting information as to the lights which barges are required to carry when towed, “if they have masts, and also if they have no masts.” In some cases it has been the practice for barges to earry two “vertical” white lights on the fiagstaff, visible for about 5 miles around the horizon. The Board of Supervising Inspectors of steam vessels, however, pre- scribed the following amendment in February, 1885, to section 20, General Rule 3, adopted by the Board, viz: All barges in tow of steamers, except upon the Red River of the North, and rivers whose waters flow into the Gulf of Mexico, between sunset and sunrise,shall have their signal lights, as required by law, placed in a suitable man- ner upon the bows of the outside forward boats, namely, a green light on the starboard bow of the starboard barge and a red light upon the port bow of the port barge, when two or more barges are being towed side by side. Said lights shall not be less than 10 feet above the water. The United States district court at New York has re- cently held, however, that the decision in the case of the Eleanora of Chief Justice Waite that the “supervising inspectors haye no power to prescribe rules which would have the force of law for the government of sailing ves- sels” covers the case of barges, because it excludes all general powers beyond that specifically given to the Board in respect to steam vessels under section 4412 Re- vised Statutes The court stated that the regulation of lights is not within the subjects committed to the regula- tion of the Board, and also remarked as follows: I greatly doubt moreover, whether section 4500 author- izes penalty for non-observance of the regulation of the supervising inspectors. The penalty is prescribed for a violation of “any provision of this title;” that is, a viola- tion of some obligation created by that title. This con- struction is confirmed by the fact that many sections of this title provide specific, and, for the most part much less severe penalties for the violation of the regulations which the inspectors are authorized to make. (See sec- tions 4413, 4454, 4492 ) The United States circuit judge agreed with the de- cision of the district judge in his conclusion that the amended rule of the Board above mentioned is not a regulation to be observed by steam vessels in passing each other, and is beyond the competent authority of the Board of inspectors to establish. For further particulars you are referred to the decisions above cited. The act of Congress approved August 19, 1890, but not yet in force, provides that vessels being towed shall carry— On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to thrown the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least 2 miles. It requires that the “said green and red side lights shall be fitted with inboard screens projecting at least 3 feet forward from the light, so as to prevent these lights from being seen across the bow.” The Department suggests that to secure uniformity the regulations proposed by the act cited be observed by barges in tow. This suggestion is in accordance with a recommenda- tion made by the Bureau of Navigation in 1888. Respectfully yours, O. L. SPAULDING, Acting Secretary. _ eo Oa LEGISLATION IN THE INTERESTS LAKE MARINE. A joint resolution has been introduced to promote th improvement of the waterway from the head of Lake Superior by way of the Welland and St. Lawrence Canals and River, to the sea, authorizing the president to appoint three commissioners to negotiate with the Dominion Goy- ernment, as to terms and conditions of the deep water improvements. ‘To provide for the making of a survey, and estimate for a canal from the St. Crois River to Lake Superior. To establish telegraphic communication between Alpena, Mich., and Middle Island, and Thunder Bay Is- land life saving stations, Providing for a survey and es- timate of expense of the construction of a ship canal from Lake Erie to Lake Ontario, and a ship canal from Lake Ontario to the Hudson River. Making an appropri- ation for the improvement of the St. Joseph Harbor, Mich., and the channel leading up to Benton Harbor, and for extending the north pier of said harber twelve hun- dred feet, and the south pier five hundred feet in accor- dance with report of Chief of Engineers. To establish a life saving station at or near Saugatuck, Mich., at such point as the superintendent of the life saving station may recommend, Authorizing the secretary of war to cause asurvey tobe made for a ship canal connecting the waters of Lake Erie and the Ohio River, from, at, or near Conneaut O., to a point near the city of Pittsburg. To create a port of entry and delivery at the city of Ashland OF TH in the County of Ashland, in the State of Wisconsin, and the appointment of a Collector of Customs, with such other assistance as may be required. Granting pensions to certain officers and enlisted men of the Life Saving Service, and to their widows and minor children. To re- quire persons who make their residence on boats on the interior waters of the United States, to obtain license, For ascertaining the feasibility and probable cost of con- structing a ship canal from the Great Lakes to the navi- gable waters of the Hudsoa River. Anthorizing tests of the utility of Ward’s patent wreck indicating buoy. TEED oe oo EXCELSIOR MARINE BENEVOLENT ASSOCIA- TION. The Grand Lodge, Excelsior Marine Benevolent Association, assembled in convention at Cleveland, 0. finished its annual business Saturday and adjourned sine die, after arranging to meet at Port Huron next year. Pro- posed changes in the constitution were further consid— ered, as well as a reform movement in the navigation of boats. In connection with the latter subject a com- mittee consisting of Captain W. S. Mack, George Me- Cullagh, James Leick, Daniel M. Pierce, Alex R. Sinclair, and George Tebo, were appointed a committee to recom- mend rules for the safer naviagtion of narrow channels, and they reported the following, which was accepted: Your committee beg leave to report the following re- commendations, with the suggestion that each president of the subordinate lodges read them to new members, or cause them to be read directly after the charge has been given to the candidate by the vice president, That in going through all narrow channels or shoal ,| waters, when boats are meeting head to head, the descend- ing boat should have the right of way; that the ascend- ing boat should on all occasions check, and if necessary stop, especially if signaled to do so by the usual check whistle of the descending boat. We deem the Lime Kiln Crossing, Grosse Pointe, St. Clair canal, Sailors Encamp- ment, foot of Sugar Island, Neebish eut, Lake George Flats (especially Collision Bend,) Squirrel Island and Topsail Island, to be among the very dangerous passing points. In the case of passing boats going the same way, especi- ally tows, steamers should check to as slow a speed as possible to pass, and the boat or boats being passed should also check, so as to allow the faster boat to pass them as quickly as is practicable in consistence with safety. “We would further recommend that the grand president in his next annual address recommend such needed changes and new rules as would benefit us in navigating the craft in our charge on the Great Lakes and rivers. These suggestions might come to him in his observations during the season of navigation, or might be imparted to him by any master who is a member of this order.” OE Oo THE MARINE RECORD FOR ONE YEAR ——aAND— nee ones ooe= 62,00 -- 6.50 6.00 Beeson’s Inland Marine Guide....... Law of Bills of Lading -.-..-.. Patterson’s Nautical Dictionary Drawing and Rough Sketching for Engineers b James Donaldson..... ...---..- Scott’s Coast Pilot (new edition) Simple Elements of Navigation. “Wrinkles” in Practical Navigation Practical Seamanship..... .--. .--- --++=---e0 ees United States and Canadian charts and any publication on Navigation, Shipbuilding, Engineering, ete., ete., will be supplied with THE MARINE ‘CORD at proportion- ately low rates, Address THE MARINE REcoRD, Smith & Swainson, Publishers, 148 Superior St., Cleveland, Ohio