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2 THE MARINE RECORD. LLL ——aIEIEIIaIeeeu0_Qqe_u_q$q_$Qe_ee MARINE LAW, THE MOONLIGHT AND GODFREY CASE. The case of the schooner Moonlight, which collided with the barge Jeremiah Godfrey at the mouth of the Cuyahoga about two years ago, when entering the harbor in rough weather, has attracted a great deal of atten- tion among vesselmen, ‘lhe main question at issue was the right of vessels to lie near the end of the Government. pier, thus*nar- rowing the channel and endangering vessels seeking to make the harbor in rough weather, ‘The case was tried in the United States Dis- trict Court for the Northern District of New York, the Godfrey having been libeled in that district. ‘The following is the text of the decision rendered by Judge Coxe: Coxe, J.: The entrance to the harber at Cleveland, Ohio, is through two nearly parallel piers extending into the lake a distance of about 1,650 feet. ‘They are 200 feet apart, except that they flare in order to make a wider en- trance, the distance between them at the extreme end being 250 feet. On the evening of October 4th, 1881, the Jeremiah Godfrey lay moored at the east “pier, 300 or 400 feet from the end. The channel at this point is about 230 feet wide. ; The Godtrey is a large threg-masted barge, 198 feet long and 33 feet beam, She depends upon other vessels to tow her, having no means of propulsion of her own, ; She took her position at the point de- scribed during the afternoon of the preceed- ing day and remained there continuously, awaiting her steamer. Atabout 7:30 o’clock on the evening of the 4th the schooner Moonlight appeared in the offing and signaled for a tug. She was loaded with iron ore and drew fourteen feet of water. Her length of keel is 205 feet, her beam 33 feet 6 inches. ‘The tug Dreadnaught started to bring her in but failed to do so owing to the bursting of her water guage, which her engineer mis- interpreted, supposing that a much more serious spaideng ed Occurred. _ The schooner was then in close proximity to the piers, had only her head sails set, and was in imminent danger of going ashore. She attempted to enter alone, but in so do- ing took what is termed in nautical parlance a “lee wipe,’’ and struck heavily against the west pier. The effect was to head her to- wards the east pier, with which she collided afew moments afterwards. She tore down with her bowsprit or jib- boom, some eighty feet of the elevated walk on the pier and then sagged up the river, ! broadside on, until she fouled with the God- trey. Her bow was held at the east pier by the. barge, while her stern was pounding and chafling on the west pier. She remained in this position some time— from twenty to forty minutes—and was finally released by the Godfrey’s lines being slacked, which enabled her to swing clear. ‘The collision occurred about 8 o’clock. It was dark. The wind had been blowing fresh all that afternoun from the north or northeast, across the starboard bow of the Godfrey quartering with the river. ‘Che velocity of the wind is variously estimated ; it was probably about twelve miles an hour: ‘Towards evening it increased, and at 7 o’clock had reached its maximum of about twenty-eight miles an hour. Storm signals were raised at 8:30 p. m. ; The foregoing synopsis is not intended to be perfectly accurate. In view ot the con- flicting evidence it would be well nigh im- possible to present such a statement. It is thought, however, that the salient features of the case are stated with snfflvient exact- ness for the purpose of this decision, The libellants urge that the Godfrey was negligent in two particulars: First—In lying at an improper place. Second—In maintaining her position, when, by abandoning it, she could have re- leased the Moonlight. The respondent disputes these propositions and insists that the Moonlight was negligent in entering the harbor in the manner de- scribed. At the outset the Moonlight 1s met with the presumption that where a moving vessel collides with a stationary one the former is at fault. Has she overcome this presump- tion? I think not. It is true that the action of the tug placed her in a distressing and hazardous situation. She was then about a quarter of a mile from the piers. Four courses were open to her: First, to wear about; second, to anchor; third, to go ashore; fourth to enter the piers. Difficulties and dangers attended each; there was but a morrent for decision; the exigency was great. It is by no means cer- tain that she did not adopt the wisest course, the one attended by the least danger. But who was to blame for the unfortunate po- sition in which the Moonlight tound herself? Surely not the Godtrey. The Moonlight had practically rendered herself belpless before the tug had attempted to gain contro] over her, and this, too, when she was 8o close to the piers that any man- euver which she might endeavor to execute unaided was fraught with danger. Would the court be justified in saying that a vessel having voluntarily placed herself in this perilous situation is free from fault when she enters a narrow harbor at night, in a high wind, with head-sails only, strik- ing first one pier, then the other, and so pro- ceeding up the river broadside, on, until there is a collision with a stationary vessel ? Obviously not. It is insisted that it was not the fault of the Moonlight that she lost the tug. Grant- ed: [t was her tault, however, that, having lost the tug, she was ina position where dis- aster awaited upon any course she might pursue. It is aleo urged that the “lee wipe” was an unavoidable oceurrence, but the evi- | dence, [ think, sufficiently establishes the faet that this was one of the dangers to be anticipated and avoided. Itis not unusual for vessels to steer in shoal water, and especially where bars are formed at the entrance to. harbors. Did the Moonlight. enter the piers in. the usual, ordinary and proper manner, having taken all the precautions which good sea- manship require? Iam constrained to answer this question in the negative. Turning now to the Godtrey; was she moored in an improper place? — Respondent invokes in his defense an al- leged custom for vessels to lie at this point. It is thought, however, that the evidence does not go as far in this direction as the re- spondent insists. It is undoubtedly true that it is usual for vessels in fair weather to drop down to the end of the piers, there to remaina reasona- ble time for the expected steamer. But it does not therefore follow that a ves- sel may with propriety He there. at night, with a heavg*éen rolling afd a high wind blowing trom the north. Indeed, the evi dence establishes the contrary. A veseel entering at such a time has a right to assume that the whole entrance—at best a narrow one—is free and clear from obstruc- tions. The last extension put upon the piers widened the entrance by fifty feet. It was evidently. the opinion ot the Government engineers that the former entrance wag too narrow, and the present one none too wide for the purposes of navigation. If a boat thirty-three feet beam can lie with impunity at the east pier where the channel is but 230 feet wide, another has the same right to lie directly opposite at the west pier; thus leaving a water-way of but 164 feet for incoming and out-going vessels. Should two boats of equal dimensions with the stationary ones meet at this point, there would be but ninety-eight feet of open water between the pieis and obviously insufficient room in which to maneuver. At night the difficulty of distinguishing the lights on stationary from those on mov- ing vessels and on shore would greatly add to the perplexities of a mariner attempting to make the harbor. In determining whether it was eafe to enter or not, the fact that the channel was unobstructed would most surely bea very important factor in enabling him to reach an affirmative conclusion. These channels are provided for moving and not for stationary vessels; it never was intended that they should be obstructed by moored or anchored vessels. Accordingly it has frequently been held that it was neg- ligence to anchor in the track of vessels at night without taking extraordinary precau- tions against danger. It must be said upon all the evidence of the case, taking into con- sideration of the wind and waves, the time, the warnings, and all the circumstances that the Godfrey was at fault in lying where she did. But the evidence wouid seem also to war- rant the conclusion that after the collision the barge, with stubborn persistency, con- tinued to hold her place even after she could have slacked her lines and permitted the schooner to escape without endangering her own satety. The result proves that she could have done this, and she might have done it many min- utes before she did. It was her duty, after she became entangled, to render all the as- siatance in ber power without hazard to her- self. And yet the vessels were together for half an hour, or thereabouts, and during this time every appeal was made and every ar- gument was used to induce the Godfrey to slack her lines, but in vain. Even after the Moonlight had her line out on the west pier, she held on and did not relax her own lines till parties on the pier commenced throwing them off. It is argued that had the lines been thrown off berore the schooner was made fast, the latter would have crowded the barge up the river and onto the west pier, It is by no means certain that this would have been so, If she bad cut loose betore the foremast fell, and while the Moonlight’s sails were still set, the souganey would be— the wind blowing across the piers—to force the schooner’s bow directly away from the Godfrey the moment she was released. If done aftér the sails were down, the Godfrey, being the lighter boat, would surely drift faster, But the Godtrey was not required to cut loose, she could have slacked her lines and drifted up the river for some distance without any serious danger of being forced from her moorings. She might also have secured the services of the tug which was present, and thus have escaned all the dan- gers which it is now argued she might have encountered, The duty which the law imposed upon her was not performed by lying securely at her moorings while a distressed vessel was likely to sink under her very bows, for want of a few feet in which to swing clear. The result of my examination is that the accident was occasioned by the fault of both vessels, the one in negligently entering the piers, the other in occupying an improper position, in view of the time and the condi- tion of the elements. and in maintaining it, even if originally a proper one, after it be- came evident that disaster could only be averted by a change. In the vase of the North Star, 106, U.S., 17, the District Court tound one of the ves- sels alone in fault, it being a coliision case. The Cireuit Court adjudged both vessels guilty of negligence, and rendered a decree in favor of the one which sufferea most for so much of the damage as exceeded one-half of the aggregate damage sustained by both vessels, This decree was affirmed by the Supreme Court. To quote from the learned and exhaustive opinion of Mr. Justice Bradley: “If we go back to the text of the law, in the rules ot Oleron, followed in the Jaws of Wisbuy and other laws, we find it expressed in substan- tially the same manner. The case is sup- posed of 1 ship coming into. port negligently managed, and striking a vessel at anchor in an improper position, so that both vessels are in fault and both are damaged the rule says: The damage ought to be appraised and di- vided half and half between the two ships.” Here, then, the precise case developed by this evidence is stated hypothetically, as fur- nishing the very best example foi the oper- ation of the rule just stated. That this nuleéis wise and equitable, and far in advance of the harsh principle of the common law, which permits the slightest contributory negligence to defeat the action, ean hardly be doubted. ‘There should be a decree providing for a reference to ascertain what the damages were which each vessel sustained atter the Moonlight fouled with the Godfrey, and di- viding the aggregate amount so found be- tween them. H. D. Goulder appeared for the Moonlight, and F, H. Cantield and Spencer Clinton rep- resented Moore, Canfield & Warren for the Godfrey. GENERAL NEWS. The new Inman steamer City of Chicago on her trial trip on the Clyde accomplished a speed of 15 knots an hour, The side-wheel steainer Queen Victoria burned near Chatham, Ont., early Thursday morning, the crew barely escaping with their lives. It is reported that rich gold-bearing quartz has been discovered forty-five miles east of Bismarck, Dakota, on the line ot the North- ern Pacific Railroad. Reports from the Arctic Ocean state that it has been a very icy, bad season there with but little outside whaling. Walrus were plenty and increasing. ‘Twice as many were seen as last season. . Lieut. Danhower, formerly of the Jean- nette, and Mr. ‘l'yson, formerly of the Polaris, have expressed their willingness to take part in another’ Arctic expedition for the relief of Lieutenant Greeley. The annual statement of the lumber busi- ness of the port of Wilmington, N.C., just complied, shows that tor the year ending Aug. 31, 1883, the exports amounted in round numbers to 33,000,000 feet, of which 23,000,- 000 feet went to domestic ports. Robeson, of Pittsburg, representing the Standard Cable Company, concluded a con- tract with the District Commissioners for laying underground cables from the Capitol to the executive departments. If these cables work satisfactorily, all telegraph .nu tele- phone wires will be ordered to be laid un- derground, The relief steamer Yantic has reached St. Johns, N. F., without tidings of Lieutenant Greely or any of his party. ‘The Yantie brought Captain Pike and the crew ot the Porteus, which vessel was crushed by ice on the 23d of July and sunk. Captain Pike and his party were exposed in boats for thirty- days and nights. he new Italian steamship Independente went ashore at Jones’ Inlet, L, L., last Thurs- day morning during a fog. A heavy sea was running, but the passengers were safely removed by a life boat. he ship, which lies in a dangerous position, has on board certain white cattle asa present from King Humbert to President Garrett of the B. and O. Road. e A new lock for mail pouches will go into use simultaneously with the new two cent letter postage stamp on Oct.1. Fifty thous- and keys have been sent out to Postmasters and other persons authorized to have them, ‘hey were sent in separate registered en- velopes, and every one reached its destina~ ‘ion. ‘wo hundred thousand of the new locks have been distributed. A bottle was washed ashore at quarantine: today containing the following, without date, writted in pencil on a fragment of brown paper: ‘“Steam-yacht Catherine, from New’ York, bound for Jacksonville, Fla., sinking off Hatteras. All hands at pumps. No hope. Officers, James Spencer, captain ‘Tm Rumpel, first mate; R.‘Thomage,. second mate; Bob Richard, engineer; crew, Abram Solomons, John Kelser, James Brown, William Peterson, and ‘Tom Dale,” Judge Lawrence, First Comptroller of the Treasury, has prepared an interesting statement based upon the paper and coin circulation of the country. It shows that the total circulation is $1,575,104,642, Of that amount $831,757 069 is paper, and $743, 347,578 coin. ‘raking these figures’ and assuming the total population of the country to be 52,000,000, the distribution per capita would be $30.29 for each individual. It is unnecessary to’say that there are one or two individuals at least who have not got $30,29. A firm of shipowners in St. John, N. B., who have heretofore owned only wooden vessels, have given an order to an English shipbuilder for an iron sailing ship of, 1500 tons. This is decidedly a new departure and it indicates that Canada and the Mari- time Provinces are about to give way to the demand for iron above wooden vessels. Canada has a very large mercantile marine, but if iron is to take the place of wood in its vessels, we doubt not that iron snipbuilding yards will soon be opened in that country. The Surgeon General of the Marine Hos- pital Service has received an affidavit sworn to by fifteen pilots on Pensacola Bay resid- ing on the naval reservation at Warrington and Woolsey, adjoined the Pensacola navy yard, denying the published charges that yellow fever has been introduced into the Pensacola navy yard through their negli- gence. They say they did not board the vessel with yellow fever on board; they did not order any vessel to the quarantine sta- tion at Ship Island; and they. have not done anything by which yellow fever might have been introduced to the naval reserva- tion. LIFE SAVING SERVICE, WHAT SUPERINTENDENT KIMBALL SAYS, WasHINGTON, Sept. 10.—Mr. Sumner I. Kimball, Chief of the life saving service, has just returned from an extended tour, embrac- ing the entire list of stations on the lakes, ex- cept those on Luke Superior. He has visited fourteen stations on Luke Michigan, four on Lake Superior, nine on Lake Huron, five on Lake Erie; has 1eviewed and drilled the crews of every one of them and inspected their apparatus, Mr, Kimball says the con- dition of the life saving service on the lakes is better than that of the stations on the Atlantic coast. He proposed to introduce some improvements. ‘I'he telephone can be used to advantage between stations, and the railroad companies can be induced to furnish platform cars and transport ap- paratus immediately to wrecks on the Erie coast. Most of the stations are located at mouths of rivers and harbors, and it is usnally while trying to make these in a storm that wrecks occur, Mr. Kimball will recommend the establishment of the follow- ing additional stations: One at Grand Marais, on Lake Superior; at Michigan City, Ind.; at South Haven, Holland, White river, Pentwater, and Frankfort, Michigan, and at Sturgeon Bay Canal, Wisconsin. The ground has been donated at each of these points, and the government has only the expense of the title deeds. SHOOTING MEN OUT OF GUNs. The report also includes the organization. of the life saving service, the appropriation and expenditures, instructions to marines in case of shipwreck, a list of all the life saving stations, and reports of the Board of Life Saving Appliances. Included in the latter is an interesting description of Fox’s gun by