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THE MARINE LAW. COLLISION CASE. Vice-Admiralty Court, Quebec, Sept. 28, 1883, Where two ships in the harbor of Quebec, from the violence of the wind and force of the tide, were accidentally brought into such proximity that each had a foul berth, both held to be in fault for not adopting the pro- per course to relieve them from their peril- ous positions and shereby avoid a collision. Judgment.—Hon. G. Okill Stewart.—This suit against the Arran, a British bark of 1,063 tons, has been brought by the owners of the Moen, a Dauish bark of 1,02 tons, for damages arising from « collision on the 23d of May last, on the upper ballast ground, in the harbor of Quebec, about 10 o’clock at night, as caused by the negligence of the former. ‘The Arran was laden and had been there from the day previous, held by her starboard anchor until between two: and three o'clock in the afternoon of the 23d, On the north, the Quebec side of the river, there lay next to her the Albertine, and farther in shore, the Gatineau. The wind was from he east, a gule with a heavy swell; the tide had but turned to ebb when the Moen in ballast sailed up the river, carrying her up- per topsuile, passed the Arran between the. Albertine and Gatineau and dropped her aturboard anchor, which broke off with 45 fathoms of chain. Her port anchor was then cast and after drifting she came ta. At six o’clock in the evening, the tide‘ebb, the Arran and the Moen were in such. danger- ous proximity that when swung tothe ebb a collision appeared to be inevitable; an antic- ipation afterwards realized. The promotors have represented that about our o’clock in the afternoon, when the tide had turned to flood and the Moen had swung to her anchor, the Arran, then four and a half cables length lower down the river, be- gan to drag her anchor and approached the ‘Moen until: within fifteen fathoms on her port side and so gave the latter a foul berth; and further, that about ten o’clock p. m., when the vessels began to swing with the ebb, the Arran collided with the Moen, her jibboom becoming foul of the port main rig- ging of the Moen and the starboard bow of the Arran coming into. contact with, the _Moen’s port side between her main and mizzen rigging. 7 The counter allegation of the respondents ix, that when the Moen came to anchor she attempted, but unsuccessfully, to do so to the northwest of the Arran, but tailed, and was 60 Close that she gave her a foul. berth. That the Arran did not drift, but asa mat- ter of precaution at six o’clock in the after- noon, the tide being flood, she dropped her port anchor with forty-five fathoms of chain. There is no cross action, no protest was made by the respondents, as no damage ap- pears to have been 3ustained by the Arran. Upon these issues the evidence has estab- lished that the Arran had- been at anchor from the day previous and was held upon her starboard anchor, when in the afternoon the Moen was driven from the place where it was intended that she should auchor by he breaking of her chain, toa place more to the south of the Arran and higher up the river. There is no doubt that the two ves- sels, after the tide had turned to flood, had each of them a foul berth, so much so that at the ebb when the vessels would have to swing with the tide, a collision would be in- evitable if they, respectively, held each its position. Upon the questions—1. Whether the Moen on anchoring gave the foul berth to the Arran, or, 2. Whether the Arran at- terwirds dragged her anchor and drifted up the river with the flood too close to the Moen and so gave her a foul berth, the testimony is unusually conflicting, the discrepancy be- tween the two varying from four and a half cables length, as stated by the witnesses of the promotor, to about a ship’s length, as stated by the respondent, as the distance at which the Moen anchored bigher up the] river than the Arran. After a very careful consideration of the matter, it appears to me that although the Moen missed the place of her selection for coming to anchor she did not come up so close as to give the foul berth as charged against her. As respects the Arran, I think that she did drag her an- chor but not under such circumstances as to justify the charge of negligence, the gist of this action, It is evident that the place first selected by the Moen was a safer one for each vessel and that, had she not broken her chain and drifted, there would have been no collision, Ag it was she lay almost astern of the Arran at the flood. ‘lhe latter was a vessel laden and therefore more apt to drag her anchor than one in’ ballast, ‘he wind was a gale, the ballast ground was crowded with vessele, When the Albertine came to ancuor before the Moen broke her chain she had come into collision not only with the Arran but also with the Gatine: d the master of the Albertine has testified that there were but a few of the vessels which arrived at the ballast ground at the time that got off without the loss of an anchor or com- ing foul of another ship, and the pilot of the Moen has attributed the loss of her anchor to the violence of the gale. I am, therefore, disposed to attribute the proximity of these versels at six o’clock on the evening of the 23dof May to the difficulties into which they had been forced by wind and tide rather than to negligence in either; and bad the matter rested here the judgment would have been in accordance with euch an opinion. But at that time the cage had assumed a very different aspect. At six o’clock and during four hours afterwards, it is certain that these vessels occupied such relative positions un- til the turn of tide to ebb at 10 o’clock as to render a collision certain. ‘The master of the Moen has testified that when the Arran brought up abreast of her she was.so close that when the vessels swung there would be necollision, and that without the assistance of a tug it would have been dangerous for either to drop down the river, owing to the great number of veseels in the vicinity. He has said also, ‘We did not think of moving because our pilot said we were not to blame, and I was aware that if one of the vessels was not moved a collision was inevitable. ‘The chief mate of the Arran was in charge of her during the afternoon unt] half past nine o’clock, half an hour before the collis- ion,when her master,who had been absent on busirese connected with his vessel, on com- ing on board ealled out: ‘How. the dence has that ship got so close to us,” and he said that he could have “vhucked a biscuit on board of her.” It is proved that at any time during the four hours that I have men- tioned these véssels couid have been-relieved from impending danger by the use_of a tug. It is plain that one would not give way to the other by employing one, but would rather stand the consequence of x collision. Now it has been determined that in coming into harbor it is the duty of mariners to pro- vide for their own safety and that of others, and not to wait till the moment of danger.’ (a.) Also, that it is the duty of every vessel seeing another at anchor, whether in a pro- per or improper place, and whether properly or improperly anchored, to avoid, if practic- able and consistent with her own safety, a collision. (b.) Again itis necessary thar the measures taken to avoid a ‘collision should not only be right, but that they should be taken in time. (c.) If cireumstances evi- dently and clearly requiring prudential measures, and those Measures are not taken, and the natural result of such omission ta ac- cident, the court would be inclined to hold the purty liable, even it such result was only possible. (d.) In a cause of damage both ships are equally blameable for not taking the necessary precaution to prevent acci- dents, ana the court awarded one-half the value of the plaintiff's loss against the de- fendant (e,) and by the modern practice of the Court of Admiralty the defendant. is condemned ina moiety of the damages of the plaintiff’s vessel. (f.) It was in the power of each of these vessels to avoid a collision by a precautionary measure, the employment of a tug; in fact-there was one near them. ‘That each should quietly wait for a collision is almost inconceivable, a re- result that might have been attended with loss of life and property. ‘They have each courted disaster and must mutually abide the consequences. ‘The judgement of the court is, considering that there is no cross action, that the Arran has not suffered dam- age, or made a protest, but that the injury done by the collision was contined to the Moen, the amount of the damage be paid by the owners of these vessels, respectively, each a moiety without costs to either. (a.) Prit. Dig. p. 172, No. 407. (b.) The Batavier, four notes of cases 856, 2 W, Rob. 407, 10 Jur. 19. (c.) The ‘Trident Spinks 222. (d.) 2 W, Rob, 240, 8 Jur. 131, three notes of cases 5, (e.) The Favorite, 6 (Lrish) Jur. 118. (f.) See Pritehard’s Dig. p, 136, No. 31. MARINE RECORD. GENERAL NEWS. ‘There is a proposal Of the establishment of a line of steamers between the Mediter- ranean and Baltimore, It-is rumored that the Atlantic and Mext- cap Gulf Canal Company (the Florida barge canal) has been sold to an English syndi- cute. Storms still rage ou the British coast, ac- companied by high tides and shipping disas- ters. ‘The city of Limerick is partially sub- merged, Four hundred Chinese sailors will be despatched from Shanghal to Germany to man the iron-clads which are being built for the Chinese Government. The steamship Silvertown, which ranks next is size to the Great Eustern, recently passed safely through the jetties at the mouth of the Mississippi, and discharged a cargo at New Orleans. Captain Robbing, of the life saving servicer and Jessie Spaulding, ot Chicago, have selected a site for a new life saving station at Sturgeon Bay, and the station will be built in the spring on the land on the canal cut ceded to the government by the Sturgeon Bay Ship Canal Company, of which Mr. Spaulding is president. . Holmes. and Bracken, the men arrested at Halifax Wednesday as being dynamiters, allege that they intended. to use the ex- plosives in mining projects, but .a watch- maker claims that a little clock, found in the valise of each man, is contrived to explode the dynamite, which it has been ascertained, is of unusual strength, containg 75 per cent of nitro-glycerine. F Among the villages destroyed by the earth- quake in the Grecian Archipelago and Ara- tolia were Katepanays, Reiz, Dere, and Lidja. The last named is celebrated for its baths. The homes of 20,000 people are in ruins. Slight shocks are still felton the island of Chios. ‘The British Admirai has sent assist- ance to Chesme and Chios. It is. believed only 200 death were caused by the earth- quake. . On October 9 the steamer Athabaeca (Rr,) from Glasgow for Lake Superior, was moored at the entrance to the canal, Montreal. She is over five feet longer than the distance be- tween the locks, but it is prepesed to over- come that difficulty by loading the bow of the steamer to such an extent that the stern rail will project. over the lock gate. If this can be done there will be no further trouble, ns the hull itself can be accommodated in the lock. . : Fitty thousand people attended the cele bration at Newburg, N. Y., ‘Thursday of the anniversary of Washington’s farewell to his army. The streets were gayly decorated and the procession wis four miles in length. Senator Bayard, of Delaware, was President of the day, and ex-Secretary Evarts was orator, both gentlemen delivering eloquent addresses, the first spenker sketching the scenes of revolutionary times, and Mr. Evarts |- eulogizing Washington ae the patriot, soldier, and statesman. Pyrotechnics and social re- unions cloxed the events of the day. ~ Statisticians of London are a little sure prised ina review of their figures to find that the reported actual wealth of the United States excceds that ot the United Kingdom by nearly $10,000,000,000, ‘Taking into account houses, furniture, cattle, lands, bullion, ete., the United States is worth $49,770,000,000 while the other power bas in round numbers $40,000,000,000. ‘There is however, a smaller, average of individual worth here, being but $995 to their $1,160 per capita. ‘The per cent- age of remuneration to labor is much greater here, being 72 parts, while itis but 56 in Great Britian. Captain C. 8. Lundborg, the inventor of a steamer which, he says, will make the pass- age across the Atlantic ocean in five and & half days, is trying to have our government adopt his design for cruisers of great speed and capable of carrying a few guns of great weight. The most prominent feature of the design is that of so constructing the main body of the ship astern as to divide the water, horizontally instead of vertically, thus providing for the use ot twin screwe of the largest propelling power, with their shatts supported within the ship’s lower hull. By this means, in combination with great sharp- ness of lines and other advantages, it is claimed that ships may be built according to the proposed designs that will make upward of 21 knots per hour. The Lnter-Ocean says the tug owrers of Chicago are “up in arms” against the smoke consumers. It is found. that the steam In- troduced into the fire-boxes ‘makes the boilers-leak and endangers. boiler, boat, and crew trom explosion. Yesterday twenty- seven tugs were laid up with leaky boilers, caused by the steam plan of smoke con- sumers. ‘There will be an organized protest to the city authorities against the consumers, It is understood that the United States steamboat inspectors will rule against the consumers, and the contest will then be be- tween the city and the general government. If the steamboat inspectors say so the tug owners will at once abandon the consumers. SUPERVISING INSPECTORS TO BE INVESTIGATORS, Some time ago the Marine Recor» called attention to the absurdity of local inspectors investigating causes of explosion on board a boat which holds a certificate from them, considering that they would not be likely to discover facts which would prove their in- competency. The tollowing has been ad- dressed to the supervising inspector of each district: ‘TREASURY DEPARTMENT, WASHINGTON.— GENTLEMEN: In view of well grounded complaints of the. impropriety of Iccal in- apectors investigating disasters to the hulle and boilers of steam vessels after certifica- tion by themselves that such hulls or boiler ure sate, you are hereby directed, when accidents occur to steam vessels through alleged defects to either hull or boilers, to conduct euch investigation personally, under the authority conferred by section 4,408, Revised Statutes of the United States, a6 tollows: -*Each supervising inspector shall have full power, in any district where, from distance or other cause, it is inconvenient ta resort to the focal board, to inspect any steam vessel, and the boilers of such steamer, and to grant certificates of approval, and to perform all the duties imposed upon local boards.” Section 4,407, Revised Statutes, requires that “if the supervising inspector has good ~ reason to believe there has, been, through negligence or other causes, 4 tailure of the board which inspected the vessel to do its duty, he shall report the facts, in writing, to the Secretary of the Treasury * *° *,’? The question of supervising inepectors assuming original juriediction in investigat- ing the conduct of licensed ‘officers of steam vessels, and’ revoking and . suspending © licenses of.such officers independent of the provisions ot sections 4,450 and 4,452, Revised Statutes, was submitted to the Sclicitor of the Treasury by the Supervising Inspector Gereral of Steam Vessels August 8, 1881, and on August 27 following, the Solicitor ren- dered an opinion in writing (copy inclosed) affirming the proposition. You will be governed by the terms of this circular letter in the’ case of accidents to steamers, such as referred to herein, in all cases where such accidents are to be investi- gated within the jurisdiction of the local board of inspectors who inspected and certi- fied the steamer. Very respectfully. JOHN C. New, Acting Secretary. C. O. Maxon. reports that nothing remains of the schooner Petrel. John Quinn, the Detroit Diver, has made a_ contract to release the schooner John Wesley, ashore at Windmill. He is to begin Operations at once. The wrecking expedi- tion is now onthe way from Detroti. The propeller Outario, having been re- leased from where she grounded, near Nine- mile Point, by the tug Martin, will go into drydock at Detroit for repuires, SIREN EEE A lively contest took place between the tugs James Amadeus, Captain Elgin Bowen, of Pat Smith’s Black Stack line, and the tug American Eagle, Captain Dahlke. ‘I'he laet. named tug challenged the former to a test of pulling strength, which was accepted, and the trial came off in the vicinity of Main street bridge. ‘I'he stern and forward lines of the Amadeus were thiown to the Eagle, and when made fast each started forward in opposite directions at the signal of the whis- tle, but it was not many minutes before the Amadeus had the best of the contest, and both tugs were moving “down the creek.” The Eagle blew her whistle as a sigual to stop, but not being so understood by Cap- tain Bowen, he kept right on, and to ehut off the further contest Captain Dahike scized an ax and cut the lines, aa A BIBLICAL TRUi ff MODERNIZED. ‘The results of the labors of the Committee of One Huné red in the interests of political economy and an honest adininistration of the municipality are indeed remarkable, yot they fade into comparative insignitieance when contrasted with the stupendous phi- lanthropy of Dr. Swayne. Since the introdue- tion of his ointment for itching piles thous- ands of sufferers have been radically cured of tormenting itchings by night and day, thus carrying out the Divine injunction to nee. the needy and afflicted.’ — Philadelphia imes,