Maritime History of the Great Lakes

Marine Record (Cleveland, OH), May 5, 1883, p. 5

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with a thick layer of grease between them, 0 that aa soon as the ship acquires any momentum they will slip one along the other. ‘lo transfer the weight of the vessel on to these ways, so that gravity—the stern or heaviest part of the vessel being much lower than the bow—will cause her to mover is the whole secret of launching. ‘Todo this, bec ween the top of the ways and the vessel are driving pine wedges which will of course, raise her somewhat and so relieve the blocks under the keel of part of the weight resting upon them. This done, workmen take their places under the vessel, and with iron wedges cut and knock away the blocks. When these are removed the entire weight of the vessel settles at once upon the greased ways, and the result is ex- actly the same as would.be if a person should seat himeelf upon a sled pointing down hill upon an ivy slope—away she goes! There seems to be a strange sort of fasci- nation for most people ia the launching of a vessel, and in our Bdp-onitaing ports it is not uncommon for a thousand persons to be present to enjoy the spectacle. MARINE LAW. COLLISION “CASE—STEAMSHIPS ADELAIDE— GRAND REPUBLIC U.S. Dist. Court, Southern Dist. New rork, Martin Kaskell et. al., vs. the steamboat Grand Republic, ete. Wm, H. McDougall for Martin & Kaskell; Stapler & Wood and C. Van Santvoord for Co. Libellant) Harlan & Hollingsworth St. Bt. Co.. H. E. Tal- madge for Co. Libellant, Garvey Admin. ; H. T. Wing for Insurance Company and D. & F. McMahon for claimants. ( Brown, J. . The several libels and _peti- . tions in this. case were filed to recover dam- ages for loss of the steamboat Adelaide by a collision with the Grand Republic in the middle of the Hudson river off Leroy street . at about 7:50 p. m., on the 19th of June, 1880, Both were stout, staunch, powerful steam- boats, employed in the excursion and pas- senger business about New York. The Adelaide was running to and from the iron pier at Long Branch.: She had made her last landing on her return trip at.the foot of 22nd.street in the North river, where she had discharged her passengers,, and was sterming down the river towards her berth near the Communipaw Ferry, Jersey City, where she was to lay up for the night. The Grand Republic had been upon an excursion and had landed her passengers at Jewell’s Wharf, Brooklin, and was returning to lay up for the night at the foot of 24th street, North river. After rounding the Battery she kept off and reached about the middle of the river at the foot of Courtland Street when she headed nearly directly up the stream, or probably a little westerly, and kept nearly the same course until she struck the Ade- Jaide near the forward part of the gangway on the port side, causing the latter to sink in afew minutes. On her behalf it is claimed that the Ade- Jaide when first seen about a mile distant, was coming straight down the river and much nearer the New York shore, until shortly before the collision, when she gave asheer tothe westward and undertook to cross her bows when it became impossible to avoid her. The witnessess for the Adelaide testify that after leaving 22nd street she was head- ing for about Communipaw ferry, and that the Grand Republic, when first seen, some- what above a mile distant, was also heading somewhat towards Jersey; that the Ade- laide when about a mile distant gave one signal whistle indicating that she would go to the right, that the Grand Republic when half a mile distant first replied with two whietles, and at the eame time steered more to the westward, to which the Adelaide again gave one more long whistle, to which two whistles were again answered by the Grand Republic, which were followed by several danger signals from the Adelaide when her helm was put hard aport, and all sterm put on in the endeavor to escape the collision, as she claimed, being then other- wike inevitable. On the part of the Grand Republic, it is testified, that none of the whistles of the Adelajde were heard except the last danger signgis, a few moments only befere the col- ; that her own first two whistles were givet\ when the steamers were a half a mile apart; the second two when they were about one-eigth of a mile apart; and that immedi- ately thereafter, she stopped and reversed at full speed, when at from two to three lengths off, at the same time giving several danger signals. ‘ Each claims that if the other had kept on her course when the first whistles were giv- en the collision would not have happened; the Adelaide claiming that the Grand Re- public would have passed port to port, and the Grand Republic claimtng that they would have passed starboard to starboard. It is not necessary to examine in detail the numerous points upon which the witgesses disagree. A collisign uld not have oc- curred except throu gross disregard of the rules of navigation by one or both ves- sels. There were no obstructions on the river on either side; the weather was clear; the wind light, the time less than a quarter ofan hour after sunset, and the course of each was in full view of the other. Some controversy had arisen on the argu- mentin regard to the courses of the two vessels in references to each other, and whether these courses fell within what is known as the fifth situation in the supervis- ors inspecting rules and their Rule II, or in the sixth situation, that is “head and head, or nearly so” within Rule I. ‘The test whether steamers will be consid- ered as meeting “head and head” is whether the colored lights of each would be seen to the other. If that test be applied, these steamers were not in that situation, accord- ing to the evidence on both sides. From the evidence on the part of the Adelaide and the probabilities of the case as she was bound for Communipaw Ferry, I have no doubt . that on leaving 22ndstreet, she took, as her witnesses testify, a direct course thither; nor have I any doubt that the Grand Republic, after passing Chambers street was heading about up the middle of the river, though probably a little westward. Upon these courses their paths would cross by an angle of at least One point. Several witnesses from the Grand Republic also state that the Ade- laide from the time when she was first seen, bore from one to one and a halt points on their starboard bow. Her two colored lights could ‘not therefore be seen on board the Adelaide. ‘When the Adelaide was firat seen by the pilot of the Grand Republic off Ves- try street, the former was about off 11th street, or three-quarters of a mile distant. From all the evidence, I am satisfied the Adelaide was then at least one third of the distance out from the New York shore, as her pilot testifies, and that she bore from the Grand Republic, one point on the latter’s starboaid bow. A drawing ot the situation will show that the Grand Republic must therefore have been heading a little to the westward of the middle.line of the river, and that the situation was therefcere the fifth, rather than the sixth situation as indicated in the inspectors rules (p. 38.) It is not, however, material in this case, which situation should be regarded as the true one, as respects the obligation of the Grand Republic, for whether it was fifth or sixth, the pilot rules equally required the Grand Republic to port her helm and go to the right, there being nothing to make it necessary to report from this rule. By the 19th statutory rule (§4233) the ves- sel which -has the other on her own star- board side is required to keep out of the way, while the otherin such case is by Rule 21 required to keep her course, and this ap- plies to the fifth situation, The Grand Re- public having the Adelaide on her own star- board hand, was bound to keep out of the way. Independent of the inspector’s rules she would doubtless have had the option of shaping her course either to the right or left, for the purpose of keeping out of the way. The Inspector’s rules and directions (Rule 2 p. p. 33.37) take away this option and re- quire a steamer in such a case to pass to the right, which by the Statute (Rule 23) is bound to keep her course, must according to the Inspector’s directions ‘‘continue on her course, or port her helm, if necessary to avoid a collision, each having previously given one blast of the steam whistle.’ The supervising inspectors are by §4412 authorized “to establish such’regulations to be observed by all steam vessels in passing each other, as they shall from time to time deem necessary for safety.” The rules thus established are obligatory, so far as they are not in conflict with the statutory regulations (‘The Milwaukee 1 Brown’s Adm, 313,321.) Rulé 2 of the Inspector’s, in taking away the option of the vessel bound to keep out of the way to goto the leftif she chooser, when in the fifth situation, is not in conflict with the (statutory rules, and is therefore binding. The direction for the other ves- sel ‘‘to keep her course. or port her helm if necessary to avoid a collision,’ is fortunate, I think, in the latter branch of it, as it is lia- ble to be misinterpreted as an authority to vary from the statutory obligation to keep her course under Rule 21, oxceptin the spe- cial circumstances referred to in Rule 24, al- though probably not so designed. From the course of the vessels, as I have above described them, it is manifest that there was danger of collision from the time of their first signals. ‘The duty of each was perfectly fixed by the rules; the Grand Re- public was bound to keep out of the way by passing to the right, and the Adelaide was bound to keep her course; both were also required to slacken speed and also stop and back, if necessary. The witnesses on the part of the Adelaide contend that the Grand Republic was con- tinually starboarding her helm in accordance with her two whistles, and one witness who, bebind her, testified that he saw her rudder blade indicating the helm hard to starboard, just before the collision. Herown witnesses claim that her helm was not changed until she stopped and backed her engines when the vessels were about two lengths apart, and that then she ported. From this it is manifest that the Grand Republic took no timely and proper meas- ures to avoid_the collision-and keep- out-of the way asshe was bound to do. There was nothing in the circumstances making it necessary for her to starboard her helm rather than port; and if she had star- boarded from the time of her first two whis- tles, when half a mile off, as the libellant’s witnesses testify, she was violating the In- spector’s rule which required her to pass to the right. If she made no change in her helm until within two or threé lengths, as. is claimed on her part, she persisted in her course in spite of obvious risk of collision, long after she was bound by the rule to have ported in order to avoid it. The excuse given that she was waiting to hear areply to her two whistles, and that she heard none until after her second blast of two whistles is not valid. 1 cannot doubt that single whistles were given by the Ade- laide as testified to by those on board of her, and by other witneeses who heard them; that they were not heard on board the Grand Republic did not excuse her from making a timely change of course as required by the rules. The Grand Republic was also equally in fault for not slackening speed until within two or three lengths. Each steamer was going at the rate of eleven miles an hour, and they avere therefore approaching each other at a combined speed of about twenty- two miles an hour. The Grand Republic was 300 feet long, the Adelaide about 240; had:the former stopped and reversed a min- ute sooner, the Adelaide would have passed safely. ‘The excuse, given on the part of the Grand Republic for not slackening that un- til ber second signal of two whistles, when they were about an eighth apart, tne Ade- laide was coming down upon a parallel course upon her starboard side, cannot be adopted as the fact. The contrary appears not merely from all the Adelaide’s witnesses, but from the claimant’s witnesses also. For from their testimony it appears that while the Adelaide was from one to one and a half full points on her starboard bow when nearly a mile distant, at the time of the sec- ond whistle she was still no further, but rather less, upon their starboard bow, though then only one-eighth ot a mile apart; whereas had they been proceecing on paral- | westward at the thine of the secund two whistles. It is therefore impossible to hold the Grand Republic exempt from the charge of gross neglect of the rules both in not stopping and backing sooner, as well as ip not shaping her course to the eastward when at a safe distance. It is equally obvious that the “Adelaide’’ was also in fault. The first signal of two whistles after the “Adelaid’s”’ one whistle was of itself ander the circumstances the strongest warning of danger. ‘The vessels were then but halfa mile apart, and within a minute and a half ot crossing each others course. Although it was the duty of the “Adelaide” ‘to keep her course’”’ it was also her duty to slacken speed under Rule 21, because there was evident danger of collision within the mean- ing of that rule. (‘The D. 8. Gregory 2 Ben. 226 234. ‘The Melwantin 1 Brown, Ad. 322., City of N. Y. Fed. R.) She made noattempt to slacken speed until after the second two blasts from the ‘Grand Republic’? when about an eight ofa mile distant, or less than three lengths and when within some 15 or 20 seconds of collision, and this attempt was immediately reversed by an order to move at all possible speed. It is most probable from the situation that a collision at that time was unavoidable and that the order by the Captain of the “Ade- laide” to go at all speed offered the only chance of escape then remaining and that this would have been successful if the “Grand Republic’ had .earlier slackened speed and stopped and backed reasonably as she was bound. to do, Although I am not prepared therefore to hold the *‘Adelaide’ in fault for this last order, nor for her hard: a-port wheel in eon- nection with it, this does notin the least diminish her responsib‘lity for her. previous neglect of Rule 21 which required her to slacken her speed from the time of the first contrary signals when there arose obvious risk. of collision. Had the “Adelaide” then slackened her * speed she would afterwards have had no difficulty reversing at once if necessary, and thus have, easily avoided the collision. The damage must therefore be apportioned between the two vessels, and a reference ordered to compute the amount; and at the same time proof may be taken as to the rights and interests of the various libellants and petitioners. ‘ April 11, 1883. EADS’ SHIP RAILWAY. St. Louis, April 16. The proposed ship railway across the Isthmus of ‘Tehuantepee has not been abandoned, as many suppose. Captain James B. Eads, its projector, re- turned home, and from him it was learned that the work was being vigorously prose- cuted, and that the massive railroad wiil be finished long. before DeLesseps’ Panama Canalis opened. Six weeks ago a strong syndicate was formed for the, purpose of beginning the work and making aditional surveys to see if the routes elected could be improved upon. Four parties of engineers are already in the field under the general charge of Mr. Vanbraclin and a large force of laborers and mechanics are engaged in the construction. he neighborhood of Minatitlan on the Coatzacoalcoe “River has been selected for the northern terminus of the railway. Surveys of the northern termi- nal section have been filed with the govern- ment of Mexico and approved by its officers. Mexico has appointed one of its most dis- tinguished engineers to be associated with the work, in accordance with the terms of the concession. le ‘s now at Salina Cruz, on the Pacifle coast, and has been ordered to repair tothe Minatitlan, E. L. Corthell, who was Captain Eads’ chief engineer in the construction of the Mississippi River jetties, is chief engineer. Sir Edward Reed and John Fowler, London, and Captain Eads will be consulting engineers. Colonel lel courses, she must, in coming within an eighth of a mile, have broadened off very much more to starboard, so that even inthe night time and had only the Adelaide’s red light been visible, the fact that she did not, broaden off to starboard would have been conclusive evidence to the Grand Republic that the former was crossing the latter’s bows. The Adelaide’s course however was perfectly visible to the Grand Republic and it was obvious that she was crossing the lat- ter’s bows, even before the sheer to the James Andrews, who built the jetties, and Hon, A. G. Cochran, Captain Eads’ attorney, have been in London the past thirty days to complete arrangements for the advaneement of the project. ‘The road will be constructed to carry ships and cargoes of a gross we.ght of 5,000 tons which will accomodate 90 per cent. of the tonnage of the world. ‘The capi-: talists already interested in the enterprise reside in London, New York, St. Louis and New Orleans. In spenking of the prospects ot completing the road Captain Eads said he had not the slightest doubt of the work being finished and the line opened for traffle before the end of 1887.

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