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THE MARINE RECORD. MARINE LAW, RESPONSIBILITY OF VESSEL OWNERS. In the United States District Court re- cently Judge Blodge‘t rendered a decision of considerable importance to vessel owners as it relates to the responsibility of carrying cargoes in unseaworthy craft. In June, 1880, Pervis & Dunn shipped a cargo containing 19,000 bushels of corn to Kingston on the ‘The schooner was but six years old, and classed by the in- ; She left Chicago and proceeded as far 23 Welland Canal with- While in the canal and towing through arocky cutat Thorold, Ont., she schooner Lily Hamilton, surance companies as A 2. out mishap. struck a rock, which stopped her headway, The rock rolled under her and she passed over it. filled with water and settled to the bottom. A diver made an examination of her as she lay onthe bottom, and discovered a hole eight inches in diameter between the trames on her starboard bow under the turn of the bilge. Before the hole could be stopped up 11,000 bushels of corn of her cargo was wet, the remainder being taken out dry and turned over to the underwriters, the Phenix Insurance Company. When the vessel had been raised and placed in the diydock it waS found that the plank through which the hold had been punched was worn down to only one and one-half inches in thickness. (‘Che damaged grain was sold at Thorold for 15 cents per bushel, and suit was brought by the shippers of the cargo against the owners of the, schooner to recover’ damages. The libellants claimed that the vessel was unsea- worthy on account: of the thinness of her plank at the tine the cargo was taken on board, and therefore her owners were liable for damages. ‘The defendants allege that they‘were not aware that the planks - were worn, and proved that the vessel was per- fectly tight on her voyage, and would have taken the cargo through. safely had she not struck a rock; also that the force of the blow was sufficient to have broken a plank three or four inches in thickness. Judge Blodgett, however, decided that the planks were to thin for a seaworthy vessel, and held that the owners were liable for loss and dam- ages. Robert Rue represented the plaintiffs and Schuyler & Kremer the vessel. TUGS NOT LIABLE WHEN DETAINED BY BAD WETHER. One day last year the steambarge Olean, with the barges Mohawk and Keystone in tow, became disabled while entering the harbor at Milwaukee, and her owner ¢on- tracted with the owners of the tug Welcome to tow the barges from Milwaukee to Bay City and return. The consideration was to be $840. Owing toa stress of weather the tug was detained at Milwaukee four days, at Manitou Island one day, at Petoskey three days, and lost a day at Cheboygan taking coal. On account of thie series of delays the owners of the barges refused to pay the tow bill, claiming that the tug had failed to per- form the service for which she was engaged within a reasonable time. The Milwaukee ‘Tugboat Company filed a libel against the barges, and they were seized. Yesterday Judge Blodgett decided that the owners of the tng were not liable for detention occur- ring from stormy weather, and ordered the full amount paid. Schuyler & Kremer ap- peared for the plantiffs and Atkinson & At- kinson for the defendants. LI\BLE FOR DAMAGE SUSTAINED IN DEPART- ING FROM THE ORDINARY CHANNEL, Judge Acheson, of the United States Dis- trict Court at Pittsburg, has rendered a decision which it will be vell for steamboat- men to know, and especially towboat men. The case was that of C. L. Snowden & Co, versus the steamer Venture, brought to re- cover for damage to coal boats belonging to plaintiffs, During a high stage of water in 1882 the Venture, with a tow of loaded coal barges belonging to the plaintiffs, went over Dain No, 2 in preference to waiting an hour to pass through the locks, the ordinary pas- sage way. She passed over the dam safely, but struck a pier of the railroad bridge about 180 yards below. ‘I'o pass through the chan- nel pier, which the master of the Venture thought necessary, the tow had to be run diagonally, after passing over the dam, with only 200 feet between the head of the tow and pier. It was dangerous to hazard the run with the tow, though the boat itself could have made the trip with safety. The detendants claimed that the passage over the After going 500 feet further she dam was safe. Judge Acheson says that there was no necessity for departing from the customary course—through the locks—- and that having assumed a ueedless risk, she must bear the consequences, adding that ifthe claim of the defence regarding the satety of the passage over the dam be ad- mitted, then the master of the Venture was guilty of culpable negligence in striking the pier. ‘The damages awarded are $326 34, with interest from February 5, 1882. CARRIERS MUST PROTECT PASSENGERS, ‘The United States Circuit Court, of Mem- phis, tried the case of Calvin Smith vs, steamboat R. R. Springer, with a jury, who returned a verdict of $1,250 for plaintift. ‘The suit was brought for $25,000 by plain- till, a passenger, because the mate kicked out two of his teeth, the cause coming under the statue defining Mayhem, and also upon the ground that common carriers, should protect their passengers from injuries sought to be inflicted by their employes. GENERAL NEWS. ‘The expeziment with the air ship in Paris has been unsuccessful. The further extension of the Signal Ser- vice on the Pacitic coust is asked for by San Francisco merchants. The Honorable Benjamin F. Butterworth Thursday formally assumed his duties as Commisssioner of Patents. ‘The Mississippi river steamer Katie Kountz ‘burned Thursday at Arkansas City. The loss on boat and cargo is $83,000. The scheme for the erection of American grain elevators. throughout Russia has been approved of by the State Council committee. Thursday General W. ‘I’. Sherman for- mally relinquished the chief.command of the United States, army, and General Sheri- dan assumed the same. Arrangements are being made for the con- struction of two dry or graving docks at Hunter’s Point, San Francisco, on the pron- erty of the South San Francisco Dock Com- pany. The Secretary of the Navy has detailed Ensign John B. Bernadan to proceed to Co- rea for the purpose of making a report on the geoglogical and other scientific features of that Island. Secretary Folger has issued a circular which provides when meats cured with im- ported salt are shipped coastwise or inland ffom one district to another for exportation, entry for refund ‘duties may be made at the port of original shipment. The propeller Prussia was fined $200 for net reporting her repairs on her arrival at Kingston. ‘'he money has been deposited, and the vessel is free to leave when she likes. The fine is uncer consideration yet, and the money may be refunded. At the beginning of 1882 Sweden possessed amercantile navy of 4,151 vessels, measur- ing 530,000 tone, of which 3,397 were sailers, with 460,000 tons, and 754 steamers, with 80.000 tons. ‘The number of sailing vessels had during the year decreased with 184 ships. ‘The Secretary of the Steamship Owners’ Association, London, has written to Ear) Granville, the British Foreign Secretary, urging that fresh action be taken, with the concurrence of the association, looking to the cutting of a second canal across the Isthmus of Suez. ‘The Secretary of State has received from the Geographical Society of France a very handsome gold medal, intended asa testi- monial to Lieutenant Frederick A. Schwat- ka, U.S. A., in recognition of his services in the successful expedition to King Will- iam’s Land in 1878-80. Baltimore, having over $20,C00,000 invest- ed in oyster packing and over 30,000 persons engaged in the business, is taking measures to prevent the destruction of the oyster beds in the Chesapeake Bay. It is proposed that the period of rest for oysters shall be length- ened and extend from April 1st until Octo- ber Ist. While the New World is busy with canal projects from Chagres to Choptank and Choptunk to Cape Cod, no less interest in this sort of engineering enterprise is felt in Europe. Among the lately revived under- takings is the old one for connecting the North Sea and the Baltic. The first prac- tical steps toward severing the Danish pen- insula were taken just a century ago, ‘The Elder empties into the North Sea just below Tonningen, and the deepening of that stream in 1784 went far toxard opening a waterway from Kiel, on the Baltic. During the past fifty years the project of a regular ship caval has trom time to time been broached; and now Germany, having pos sessed herself of Holsteia, is in a position to | build it within her own domains, The ca- nal, of course, would have military as well as commercial aims, as it would enable the Baltic and North Sea squadrons of Germany to promptly re-inforce each other, At Chicago Drydock Compeny’s yard the schooner Driver had 4 leak stopped; steam- barge White & Friant got a new shoe; the steambarge Charlie Ritz got new iron plat- ing; steambarge Douglass had anew wheel; canalboat Charles Walker hada general overhanling and repairs; propeller John B. Lyon iv tow of the tugs Alpha and A. B. Ward, having collided with her near Harri- son street bridge when at her dock unload- ing, knocking in her quarter and doing con- siderable other damage; schooner yacht mooning Star, Captain Sam Moore, has had her masts taken out, and a general fixing up. A HARD JOKE. Special Correspondence Marine Record, Derroir, November 3. Our old friend Captain Silah Dustin, for many years a steamboatman on the lakes and rivers, but now in retirement at Detroit, may properly be classed among. the eccentric of the old school. ‘The following incident which took plave during the navigation of 1847, we gather from the ‘Toledo Blade. Captain Dustin was in command. of the steamer Chatanqua, and on one of her re- turn trips from Detroit, as was usual, as- cended the ship canal at Monroe for passen- gers and freight. While there a steamboat, a schooner and one or two scows entered the mouth of the channel and so arranged their position as to completely prevent allin2 gress or egreas. Meanwhile the Chatauquay having discharged cargo and received treight was returning tothe lake. On arriving at the mouth of the canal and finding it blocked Captain Dustin thus addressed the captain of the schooner: “Will you allow some of my men to cast off your lines and permit us to pass? we will make all taut again.” “No, Sir,”. replied the captain emphat- ically; ‘‘we don’t change our position for any such craft.” Captain Dustin, thinking that perhaps the man was not in earnest, sent some of his hands ashore with the friendly purpose of removing the schooner, intending as soon as his boat was through to replace her, without trouble to her crew. The captain of the schooner, discovering their object. sent his hands ashore armed with clubs and iron bars and under instructions to resist any efforts to cast off the lines by which the schooner was fastened; at the same time giving Cap- tain Dustin to understand that he did not in- tend to move one inch. A few moments passed in expostulation convinced the capiain that he must fight his way through or lose his trip. “Now,” said he, “It is not necessary to spend any further time in words. If you don’t move your vessel out of my way, Pll run into her and knock her out.” ‘Ha! Ha! my dear fellow,” responded the captain. ‘You must be joking now. We ain’t afraid of any such threat. We’ve got too much timber bere for any such old dug- out as yours.”’ “Hold on to your steam,” said Captain Dustin to his engineer, ‘Sand back her. We'll show them what this old dugout can do.” The little boat was backed to a sullicient distance to give her full headway, and aimed directly for the schooner’s bow. ‘Now let her go boys, with a will. and be sure and hit her equare.’’ The boat seemed to leap from the water with the first revolution of the paddles, and rushing on with the speed of thought, and under the full impulse of a powerful engine, struck the schooner by the side of the stern and cut her to within a foot of the water, “There,” said Dustin, “that’s one of my | jokes, and now if you don’t get out of my way Ll crack another just like it, and let daylight in upon your cargo, The schooner mizzled and the Chautan- qua came on, JW. RECORD OF DISASTERS. We compile the following list of disasters for record: , The propeller Oscar Townsend caught fire last night at 9 o’clock, caused by explosion of a lamp in an alleyway near the engine. She is pretty badly burned between decks aft the smoke stack. ‘Che captain says that from fifty to seventy-five dollars will cover all the loss, ‘The tug Adams rendered very effectual assistance. ‘The city hose companies were also on hand,—ZInter- Oceun, A telegram to the Boston Marine Insur- ance Cumpany stated that the schooner Monitor was ashore on Fuel Croix Point, and in bad condition, Later information says that she is full of water and will proba- bly prove a total loss. She has been aban- doned to the underwriters. ‘The Monitor was bound from Escanaba to Cleveland with a full cargo of ore, I'he Monitor is owned by Captain Riordan, of Buffalo, and is val- ued at $12,500. There is an insurance of $5,000 in the Boston Marine, and $2,500 in Crosby Dimmick’s Agency on the hull, and her cargo is also fully insured. She was built at Detroit in 1864, and thoroughly re- built in 1881. She was ciassed. A2, and measures 323. A dispatch from Port Colborne to the In- ter-Ocean says the steamer City of ‘Toronto burned to the water’s edge. The fire broke out amidships a little after 9 o’clock and lasted till 1 o'clock in the morning. ‘he cause of the fire is. unknown, The City of ‘Toronto was brought here from Niagara this fall, ad her paddle-boxer taken off and her shaft cut at each-end to enable her to pass through the new canal. She was to -have been thoroughly rebuilt dy the Messrs. Muir Brothers during the coming winter. She was owned by the Hon. H. J. Daggett, of Oswego, N. Y. ‘The loss is estimated at $30,000. She was insured for-a compara- lively small amount. ‘ The Homer Hine, lumber-laden, which was deserted off Sand Beach, came ashore below Pine Point, about ten miles south of Kinkardine. Her bowsprit, foretop-masts, and canvas were carried away. She is ap- parently in no.immediate danger of breaking up. . Trhe schooner Arab of Milwaukee, bound from Starkey Pier, near Frankfort for Mil- wanukee with lumber, piles and wood, went on the beach near thesouth pier, St. Joseph. Captain Charles Starkey and his. four men landed safely. ‘he value of the boat and cargo is $4.000; insurance, $2,000. The ves- sel lost her centerboard and part of her deck- load. The rudder was disabled coming in. ‘The vessel can be saved probably. The schooner Ketchum is on the beach at Gil’s pier, and is in bad condition. She is owned by Mueller & Christie, of Chicago, and rates B1; valued'at $5,000. This is the third time she has been ashore this season. The schooner John B. Merrill, ashore at Cleveland, is owned by George P. Sanborn, Mrs. Hunter, and Jaines 8. Porter, ot Mil- woukee. ‘There isan insurance ot $22,000 on the vessel, divided between the Buffalo Shoe and Leather, .tna and Continental. She was lightered sixty tons of ore and wrecked by Captain Greenhalgh with one lighter on each side. She was found to be in good condition. The Sophia Minch, which lies a short dis- tance from where she did, it has been ascer- tained is on an old wreck, and is broken in two amidships AN INTERESTING HISTORY. The little wrecking schooner Experiment, ashore at Saugatuck, has had a most remark- able career for a small vessel, and many of the older lake captains will remember some of the facts concerning it. She is nuw nearly thirty years old, but has been rebuilt so re- cently that she is a very good little craft yet. She was built at St. Joseph, Mich., in 1855, by a man who wished to use her in carrying fruit. ‘he name of the man cannct be learned, but itis sufficient to say that he, with his wife and child, lived aboard the vessel together. In the fall of 1856, when the baby wasa little overa year old, the Ex- periment wae sailing for St. Joseph from Milwaukee, where she had a most successful trip. When off St. Joe a white squall struck the Experiment, and she, having all her can- vag exposed, was instantly cupsized. ‘he captain and his two assistants were never heard of again, and the Experiment, a few days later was cast upon the beach near St. Joseph with her bottom upward, it was .be- lieved that all on board had perished. Nev- ertheless a search was made of the cabin, and the firet man to get under the vessel was alarmed to hear cries which sounded as if they emanated frem a vigorous pair of in- fantile lungs. ‘The searcher listened to the erying tor an instant, and then crawled in the direction from which it came. He was terrified while thus groping along to come unon the dead body of the wife of the oap- tain of the vessel lying on the ceiling of the cabin, but he recovered sufficiently to be ulive to the sense of duty, and after a short search found the child of thedead woman safely tucked away on a shelf above the wa- ter. But the infant’s clothing was wet and the Itttle thing wovld undoubtedly soon have perished but for the timely aid which reached it. I'he baby was taken out, und with careful attention was restored to health, and has since grown to be aman. ‘The story was that the mother, after battling with the