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

ESTABLISHED 1878. VOL. XV. CLEVELAND, OHIO, FEBRUARY 11, 1892. NO. 7 Maritime Law. TONNAGE—DEPARTURE FROM CUSTOMARY STRIKING UNKNOWN OBSTRUCTION. U.S. District Court, Southern District of New York. A tug,tin taking a tow up a narrow channel, ran the tow upon arock. The tug claimed that the rock was an unknown obstruction, but it was shown that there was a customary and well-known course up the channel, which the tug on this occasion departed from. Held, that the tug was liable for the injury to the tow. Brown, J. About noon on the 11th. of April, 1891, the libellant’s barge Roseton, loaded with brick, in tow of the steam tug Mascot on a hawser, while going up the artificial canal which runs to the southward and eastward from Newton Creek, was run upon a sunken rock from 55 to 65 feet off from the southerly side of the canal. Subsequently ex- amination showed that this rock was a sharp peak rising up about fifteen inches above the level of a flat rock about 9 feet long by 8 feet wide, which was situated a few inches ’ only below the muddy bottom of theecanal. Another rock near by, but probably somewhat further off from the southerly shore, had been well known to navigators and was removed in December previous. The claimant con- tends that the rock removed was the only rock known, and that the tug is not liable, because the rock on which the Mascot struck was previously wholly unknown. If I were satisfied ‘that the tughad pursued the usual course in going up the canal, I should hold her not liable. The clear weight of evidence, however, is that all boatmen knew that it was necessary to keep upon the southerly side of the channelway, and that when, as in this case, a schooner was moored at the bulk head of Stag street, the usual course was to go as near the schooner as possible. Had the Mascot pursued this usual course, the evidence leaves no doubt that the Roseton would not have been harmed. Schooners were very frequently moored there, and the Roseton and other barges drawing quite as much water had been frequently taken past such schooners without injury. On this trip, moreover, the tide was at high water so that everything was most favorable. These facts, with the evidence as regards the position of the rock, satisfy me that the Roseton struck the rock because the tug did not,pursue the customary course and go near the schooner that was lying there, but went at least 10 feet off from the schooner, instead of only 3 feet as the tug’s witnessesjcontend. The customary practice was binding upon the Mascot. No reason for departing from it is suggested. In case of accidents from obstruction while departing from the customary course, it certainly is not incumbent upon the libellant to show that the tug or other boatmen had positive knowledge of the precise reasons for the custom, or of the exact location of each particular rock or obstruction, whatever it might be. It is enough in this case that the necessity of going very near to any schooner that might be moored at the bulkhead was known and the invariable custom of passing so near, viz; within two or three feet, or even grazing the schooner, as the witnesses testify, is sufficient evidence of the necessity. and of some obstructions that required such navigation. The defendants in effect confirm this by their testimony that they did go within three feet{of the schooner, though I find them mistaken on this point. The general know- ledge that a certain course was the proper course to take in consequence of some obstructions, and that it was the custom uniformly to adhere to that course, is suflicient i ‘to put upon the tug the risk of departing from it without reason. The Mary N. Hogan, 34 Fed. Rep. 554. Decree for the libellant with costs. December 30th. 1891. COURSE— * SAIL AND STEAM COLLISION. A steam yacht having run down and sunk a schooner, the sole question as to the liability was whether the schooner changed her course before the collision. Five witnesses, one of whom was disinterested, testified that the schooner did not change her course until the col- lision hed become inevitable, and they were directly con- tradicted by only one witness. The yacht was liable, since the burden was on her to prove that the schooner changed her course. The Seneca, District Court of the United States, Dis- trict of Rhode Island, 47 N. W. Rep. 87. Do aa EXCELSIOR MARINE BENEVOLENT ATION, No. 3. There is an energetic wide-spread feeling of progression existing among the sailing community of the Great Lakes, Acommendable seeking after a more educated and ele- vated standard than has hitherto obtained, and the most noticeable feature in this connection is witnessed in the regular formation of new lodges of the Excelsior Marine Benevolent Association, whose avowed object is to im- prove and elevate the standing of its members, to create a fraternal feeling etc. In this connection we note that a special dispensation from the Supreme lodge has just been granted to Marine City for the inauguration of a lodge at that po'nt, on Wednesday, February 10th., the proximity of Port Huron rendered such special action necessary according to the rules of the association. Capt Sinclair, of Port Huron, was deputized by the grand president to initiate the new lodge with about 34 charter members, and it will be known as Marine City No. 8. Capt. Collier of Cleveland, grand treasurer of the association, also officiated at the inauguration of the new lodge, which starts out under most favorable auspices as Marine City is a residencezcenter for masters. ASSOCI- 2+ ———————P one ANNUAL MEETING OF THE LAKE CARRIERS’ ASSOCIATION. The annual meeting of the Lake Carriers’ Association will be held in Buffalo on Thursday, March 3, when officers will be elected for the ensuing year. One of the leading features of President Caldwell’s address will be a proposition to have the Association’s work in the future done to a large extent by means of standing committees of the board of managers and each committee to have general charge of some special department. Thus there could be a committee on finance, one on rivers and har- bors, another on aids to navigation and so on. The com- mittee would have their headquarters at Buffalo, Cleve- land, Detroit or Chicago—each where its special work could be transacted most conveniently and efticaciously. In this way it would be possible for the managers of the Association outside of Buffalo to take active part in its work without leaving their homes. Experience has shown that managers asarule will not attend board meetings at a distance, at a loss of time and traveling ex- penses. Mr. Caldwell’s idea is good and will tend to con- solidate all interests in one large influential and repre- sentative body if such a scheme of consolidation can be successfully carried out. ——— +o aa U.S. COMMISSIONER OF NAVIGATION, According to a Washington special William W. Bates, of Buffalo, N. Y., who has held the position of U. 8. Commissioner of Navigation for some time past, has been served with a notice to resign. The name of Ed- ward ©. O’Brien has been sent to the Senate by the Presi- dent for this office. Mr. Bates made the blunder of giv- ing out his annual report for publication before it had been submitted to the Secretary of the Treasury. In the report he went out of the way to discuss the tariff, reci- procity, and other economic questions with an indepen- dence that was refreshing. Mr. O’Brien, who lives at Pittsburg N. Y., was for eight years connected with the commercial business of the lakes, and is favorably known from Buffalo to Chicago. During the last Congress he held a position on the staff of the clerk of the House of Representatives. ED OO oe A HOME FOR AGED MARINERS. At the regular meeting of the Excelsior Marine Bene- volent Association No.3 held in Cleveland on Friday last, Capts. Chester A. Roberts and Andrew Peterson were elected to membership. The following resolutions were indorsed by the lodge and signed by the members: Whereas there has been a bill introduced in the first session of the fifty-first Congress, by Hon. Tom. L. John- son, entitled ‘a bill to grant an appopriation to build a home for crippled, aged and infirm seamen;’ Whereas we have long seen the necessity for such an institution for men who have worn out their existence in assisting to build up the commerce of the country, there- fore be it Resolved, that the Excelsior Marine Benevolent Asso- ciation, in convention assembled, do most heartily indorse the general features and passage of this bill. Beit fur- ther Resolved that all lodges of this association be requested tourge upon the respective Congressmen representing their districts the importance of this humane measure and ask their unqualified support in its passage through Con- gress. Resolved that the secretary be instructed to forward copies of the foregoing preamble and resolutions to the Hon. Tom L. Johnson and Hon. V. A. Taylor of Ohio and also to the press. A more commendable measure has never come before the lake marine and as the Bill is inclusive, all those who have sailed in any capacity are eligible as candidates for this asylum, or haven of rest. It is hoped that an appro- priation for the erection of this home will be made by the present Congress. Engineers Associations, the Veteran Seaman’s Benevolent Association and those residing on shore but who are interested in the lake marine have also endorsed the features of the Bill, SEE dideeciee STANDARD TECHNICAL BOOKS. Regular {With The Marine Retail Price.|Record one Year Beeson’s Inland Marine Guide ... $1.00 $2.50 Law of Bi | 5.00 6.50 Patterson’s Nautical Dic- tLONBYY.:co5 ass Sanereead 5.00 6.50 Drawing & Rough Sketch ing for Engineers by James Donaldson... .. 2.50 4.00 Scott’s Coast Pilot (new edition) ............-+-.| 200 3.50 Simple Elements of Navyi- BONE caanc tenon cant 2.00 3.50 “Wrinkles” in Practical Navigation....... 6.00 7.50 Practical Seamanship. 7.50 8.00 Thurston’s Manual of Steam Engine, part 1.. 7.50 9.00 Thurston’s Manual of the Steam Engine, part 2.. 7.50 900 ED oe aan SUPERVISING STEAMBOAT INSPECTORS. The annual meeting of the Board of Supervising In- spectors, held at Washington, has just come to a close. ‘The lake interests were well represented by Supervisor McMasters of Buffalo, and Westcott of Detroit. ‘The session was a most important one, many changes being advocated to alter more or less the present system of inspection. Lake engineers have scored a success in having the rule amended which debarred them from com} peting for a license to sail on salt water. Chief engineers of lake steamers will now be eligible as candidates for examination for license to sail on coast or ocean steamers.