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THE MARINE RECORD. i MARINE LAW. CHARTER PARTY LIABLE, Marine Court, New York.—Before Judge McAdam and a jury recently.—Alexander J. Howell sued Horace Howser to recover $705 for the charter of two scows belong- ing to the plaintiff and used by the defend- ant in shipping building stone. One of the scows sunk off Seventieth street, North riv- er, New York, on the 4th day of January, 1882, and the defendant in consequence lost x load of valuable stone. ‘he seow, at the time it sunk, was under the control of a cap- tain furnished by the plaintiff, Judge Me- Adam charged the jury that the plaintifl could recover the charter money up to the time of the sinking of the scow, but not af- terwards, aid that if Chey found that it sunk through the negligence of the plaintil’s ser- vant the defendant was entitled to recover eder his counterelaim. The jury found in favor ot the plaintiff for $579.31, A NEW RULE IN ADMIRALTY, In the Supreme Court of the United States on March 26th, the Chief Justice announced the adoption of the following rule: In admiralty—No. 59, +8, In asuit for damage by. collision, if the Claimant of any vessel proceeded against or uny respondent proceeded against in’ per- sonam, shall, by petition on oath presented before or.at the tinie of answering, the libel, or within such farther time as the courtmay alow and containing suitable , allegations “showing fault or negligence in any other vessel contributing to the same collision, and the particulars ‘thereof, and that such “other vessel or any other party ought to be proceeded against in the same ‘suit for such damage, pray that process be issued against sueh vessel or party to that end, such pro- cess may be issued, and if duly served, such suit shall proceed as if such vessel or party had been originally proceeded against; the other parties in the suit shall answer the petition, the claimant of such vessel or such new party shall answer the Jibel, and such further proceedings shall be had and decree rendered by the court in the suit as to law and justice shall appertain.. But every such petitioner shall, upon. filing his petition, give a stipulation with . sufficient sureties to pay tothe libellant and-to any claim- ant or new party brought in by virtue of sich process, ail such costs damages and ex- penees as shall be awarded against the peti- tioner by the Court upon the final decree, whether rendered in the original or appel- late court, and any such claimant, or new party, shall give the same bonds or stipula- tions which are required in like cases frem parties brought in under process issued on the prayer of a libellant. ; GENERAL AVERAGE, High Court of Justice, London—Queen’s Bench Division.—Svensen vs. Wallace & Co. —Before Mr. Justice Lopes, March 3.—This action was brought to recover the sum of 88/ 10s 10d, due, as alleged by the plaintiff, as a vontribution to general average; and the de- fendants contested the point in the case to Have a principle laid down ‘‘as to what port of refuge expenses give rise to general aver- age contribution.”? It appeared that a Swed- ish barque, the Olaf ‘T'rygveson, was char- tered from Rangoon to Liverpool, and whilst on the voyage necessity arose to put into Mauritius, having sprung a dangerons leak. When the average for the expenses thus en- tailed came to be adjusted, Meesrs. Lowndes and Riley, of Liverpool, the port of discharge of the vessel, acted for the plaintiff, and Mesers Richards & Son, of London, for the defendants. The former carried into general average, in addition to the expenses of en- tering the port and unloading the cargo in order to effect necessary repairs, those of warehousing the cargo during those repairs ; also the expense of insuring the cargo while warehoused, of reloading, pilotage and out- ward port charges, and, in fact, every charge incurred consequent on the entry of the ship into the harbor until she proceeded anfely out of the harbor on her journey. On the other hand, the defendants’ representa- tives charged some of the expenses to freight, and others half to freight and half to gen- eral average. ‘I'he case was argued at some Jength on a former occasion, and it was in- timated or the occasion that the case was likely to be taken to the House of Lords to test the accuracy of the judgment—well- known in shipping circles—of **Attwood vs, Sellar,’ and which has been differently con- strned in Liverpool and London. Mr. Justice Lopes, in giving judgment for the plaintiff, said that though the amount claimed was swall, the point involved in the case was important. ‘Lhe point was, to test the propriety of Attwood vs, Sellar. ‘The distinction between the two cases wis, that in Attwood vs, Sellar the vessel was brought into a port of refuge in consequence of an injury: which was subject to general average, while in this case the injury was subject to particular average. He had to determine whether there was any practical difference between this case and that of Attwood vs. | Sellar, or between a ship necessarily seeking a port of refuge iv consequence of an injury which was the subject of general average and a ship necessarily seeking a port of ref- ‘uge in consequence of an injury which was the subject of particular average. He (Mr. Justice Lopes,) saw no practical distinction, and was of opinion that all expenses conse- quent upon such action as was nece Y enable the ship to proceed with ber was incurred for the common benetit of the | adventurei,. and was chargeable to general average. It seemed to. him that the point principally relied upon by the defendants, nanely, that the expenses of goin into, port were not chargeable to generalaverage because the cargo was.then in satety when the port was reached was one which could | not be sustained. He- was of opiniou that the plaintif® was entitled to judgment for £88 19s 10d, together with interest., “Judgment for plaintiff accordingly with costs.’— Maritime Register. GENERAL NEWS. The crops in. France are so poor that heavy imy orts of cereals will be uecessary- The New Orleans Grand Jury suggests to the health authorities that a crematory - be established in which to burn the bodies of persons who die of coutagious diseases. The deaths from the steamer Riverdale ex- plosion at New York now’ numbers six. Many persons, however, are reported still missing, and it is feared a search of the ‘wreck will reveal more bodies. The Keeley motor stockholders are said to be jubilant once more over the, bright promise of their mysterious property. Scof- fers will smile at their confidence as usual. The import of British frou and steel dur- ing July were 70,303 tons, agains€ 103,398 tons in the comespunding month last year. The import of iron and steel the first seven months of the year, as compared with the corresponding period last year, show a de- crease of 326,075 tons. 'The fastest passage on record from Fire Island to Fastnet was made by the Giion tiner Alaska, in 6 days, 13 hours and 37 minutes. She was 6 days, 18 hours and 37 minutes from Sandy Hook to Roche’s Point, Queentown. Her time trom “bird to bird?» has not yet Leen taken. A Detroit paper salutes the new St. Clair racing yacht in this style: “The new yacht Permelia passed up as if she hud been shot out of a gun. The breeze she made took all the chips off the wharves and small boys had to hang on to the snubbing posts to kee from being drawn into the river.” : J. Fook, a Chinese sailor, charging abuse at the hands of Captain Ritchie, of the ship Punhokeshire, from Hong Kong, was re- fused permission to Jand at New York, by Judge Potter, of the Supreme Court. ‘The Court decided Fook was a laborer under the meaning of the act of Congress, and if permitted to come ashore would be at liberty to go wherever he pleased, and thus evade the recent law against Chinamen. An exchange says: “Rapid transit on the ocean is becoming a mania with steam- ship owners, backed by anxiety of a large class of people to be on board a fast vessel onatrip when she cuts, down the record. Clyde builders are now expected to guarantee a speed of 400 miles a day beford a contract tvill be given for the construction of a new vessel. Nearly all the large steamship lines have fast vessels newly launched or now building, each line apparently determined to show faster time than its competitors. This move is a good one so long as safety Is not sacrificed to speed, and will probably result in some astonishing time being made in crossing the Atlantic before long.” Wait till the Rapid Steamship Company builds a boat, and, we doubt not the tandem propellers. wi!l outsail them all. The London Review says in consequence of recent fires inthe navy, the Admiralty have issued an exhaustive. code of pre- cautionary measures. Mineral oil is disal- lowed for lighting purposes in ships; ouly safety-nitehes are to be carried 5 inflammable liquids must be kept where no lights are taken; coal-bunkers must be effectively ventilated; and wet coal is declared to cause dangerous generation of heat and gas. | M-rehane sailers may do pretty will what lt 1ey please in reference to these matters, and the underwriters pay the piper. To build a ship so that In case of accident to the bow the stern half can be instantane- ously separated from it, and can continue the voyage securely and easily on its own account, is the latest contribution ‘to the (list of safeguards against the dangers of the sea. ‘he idea is that of a German inveator, and is set forth with some detail in che Ham- burg Courier, which sees no reason why it should pot be entirely feasible. It would require inany departures from the present mode of building vessels, as well as) from their iuternal arrangement and equipment; bit the inventor asserts that, as 2 whole, a i vessel so con-tracted ¢ wuld be fully as se worthy and swift as any builton the present plan, and would be twice as secure against disaster. There will be an international amatear rewitta on St. Clair River at St. Clair about September 27. The prizes. will be. valuable for single and double sculls, pair and four- ‘oared shells, The” four-oared race will be for the Oakland House prizes. Efforts will an sculls together, All the crack four will be invited. ‘I'he Hillsdale, Centennials, Modoes, Farraguts, ‘Torontos, Wyandotte, Metropoli- tang, and other crews ure expected. The course is a fine one, with one mile and return, Any amateur sculler or crew wish- ing tu participate will send their entry to J.J. Lynn, Port Huron, before September 20, who has charge of the management. Valuable prizes will be given each winner. ‘Total cost of prizes $1,000. WHAT’ THE UNION HAS DONE. The Senate. Sub-Committee on Education ané, Labor is holding sessions in New York, and on Monday Richard Powers, Gener] President of the Seaman’s Union of the Lakes, was interrogated concerning — the status of his class. He complained of the overloading ot ike vessela—-both passenger and frieght —and ot ‘the iidequate proper- tion of “seamen” in the crews which man them. ‘lo an inquiry as to why the owners of such vessels take euch risks he said: **Be- citise they depend more upon their ma- chinery than their God.” There was a terrible arraignment in that reply. Yesterday Mr. F. Klokke, late President of the Buffalo Branch of the Seamen’s Union said, commenting upon a report of Mr. Power’s evidence before the committee, that the assertions were generally correct. Mr. Klokke thonght that not less than 80 per cent of all the seaman on the lakes belonged tothe union. Since the formation of the organization the condition of seamen had materially bettered. ‘They felt that they belonged to something, and had generally a greater self-respect. Where they formerly saved nothing, a large number now laid by something annually for oldage. ‘There was still, unfortunately, a bummer element in the organization, but on the whole the sea- men of the lakes had improved morally and materially. ‘There was less and less of the degraded rum element among them. _ Since the formation ot the Union wages had grad- ually increased 6o that the men could gave something. ‘heir season of employment was short, the work hard and_ dangerous, and they ought to command adequate. pay for hard knocks and danger. It was mentioned that a bill was pending in a Senate committee to ene the over- loading of vessels. Mr. Klokke said it ought to become a law. Some vessel owners did not seem to care either for property or life. On some vessels good seamen could not be hired for $10 aday. Something ought to be done in this business. It ought to be com- pulsory upon vesselowners to employ men enough on vessels to properly man them. As it was, the owners would employ a few good seamen and fill out the crew with a lot of “scabs” and ‘‘duffers,” at any pay they would take. But when the bad weather came on, then they wanted union men, good sea- men, and would pay fair wages. But in the summer season the crews were for the most part roustabouts and ‘whart-rats.”” Mr. Klokke said that the passenger boats were quite as bad. There was not one ot them had a capable crew to man a small boat in case of disaster. Every passenger steamer should be compelled to have able ageamen enough to man each boat. Me coincided with Mr, Powers in the latter’s be made to bring many of the Eastern single | statement that owners put too mach reliance upon their machinery, nnd that no provision was made fora contingency which, might arise at any time by the machinery becoming: disabled, “He turther urged that the law should be restored which required that two- thirds of the officers and crew of a vessel should be American citizens. He thought the law was repealed during the war when foreign: seamen were in great request. But such a law was required to. protecc Ameri- can seamen, shipowners had sent to Glasgow and Liverpool for seamen and bad paid their fares out here, offering them better pay than they could get at home, but Lelow what the union men demanded here. Most of these men, however, soon joined the union. There was hardly a vessel of from 800 to 1,000 tons that had an adequate crew. They were always undermanned, ang then partly by incompetent men, A shoemaker ora tailor might do the work in fair weather, but when the elements kicked up a rumpus able seamen were wanted—men who could do their duty instead of heaving up or going to praying. **And,” said he, “the marine ward . of the hospital is full of these fellows who ure not sailors. You mightas well calla ~ canaller a sailor, Nota fifth of the twenty- sor thirty usually there are seamen, abuse ougbt to be stopped.” The union was gaining ground steadily, he said, and now numbered about 7,000 members. ‘They would not sail with a seab crew, and vesselowners were finding * out that it Was the part of economy to live reli- able crews on their crafts. When the union was organized in 1878 the wages were §La day, with the chances of discharge at any port.. Pay had inereased, and now’ was $2. As the season advanced, and the hardships dnd dangers inereased, higher wages would be asked.— Buffalo Luipress- F THE RIVERDALE EXPLOSION. Supervising Inspector General Dumont was asked, before he left this evening for New York, what his idea was as to the cause of the disaster to the Riverdale. Ue replied that the explosion could not well have been downward, as reported; that would indicate that the tubes had given out, while the explosion was inuch more violent than would have been the case in such an event. ‘The boiler shell must have given way and the explosion gone from the sides, which would, of course, tear everything away with its sudden force. ‘The previous certificate of exemination of. the boat ex- pired on June 22, and the one under’ which she was running was delayed’ for some reason until July 7, though the exatrination might have been made ona former date. General Dumont said {hat le had no reason for supposing: that the examination was not through, as the explosion may have arisen trom a defect in the iron which was unascer- tainable by inspection. ‘Then inspections are obligatory once a year, and may be made in the interval, at the diecretion of the local inspectors. ‘Lhe investigation of the River- dale disaster will be in charge of Supervising Laspector Starbuck, with whom General Du- mont has gone to advise. ‘The relatives of i those killed, and. those persons sustaining ‘other losses will lave a remedy at law against the owners of the Riverdale, if the explosion is shown to have resulted from any neglect to comply with the law, or through known defects or imperfections of the boiler. ‘Ihe captain, mate, engineer, or pilot may also be sued for damage in case negligence is proved, against them. General Dumont will, it is understood, emphatically renew his recommendation of tormer re-' ports in his forthcoming annual one in re- gard to appointment in the service. At present he has no hand in the selection of iis subordinates. ‘he appointment of Stpervising, Local, and Assistant Inspectors by the ‘Freasury, upon the romination in each case of the superior officer, who should be responsible for the general fitness of the subordinate, is what General Dumont will ask. He also wants the superior officer in each case to have the power to suspend any subordinate, pending sn investigation of charges, involving incompetency, neglect of duty, ete., it} he shall deem the interests ef the service jeopardized by the continued performance ot duty. ‘The charges would at once be submitted to the Secretary in writing, and an immediate investigation ordered, the final removal, if the result justified such action, being left for the Secre- tary. In one case fifteen lives were lost through the continuance in the performance of hia duties of an official against whom charges were pending of remissions. General Dumont did not mean to imply, he said, that, the present case involved such a question, but it might so devolope, and there is no remedy for such an emergency in the present state of the law. A novel hydraulic pile driver has recently been patent'd by Messrs. J. W. Suprenant and J. E. Ferguson, of Astoria, Oregon. Tre invention consists of a bent pipe adapt- ed to fit against the side of the pile and ina longitudinal groove in the pile. he pipe is held against the pile and in the groove, and is provided with means tor raising it after the pile has been sunk, Means are provid- ed for coupling a hose pipe with the pile pipe. It water is forced through the pipe and eject- e1 from the lower end of the same, It washes away the sanu under the pile and causes it to descend into the ground.