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. 2 THE MARINE RECORD. MARINE LAW. DAMAGES FOR COLLISION, United States Dist. Court, 8.°-D. New York. R. H. Rathbun vs. the scow Alabama. E, D. McCarthy for the libellant; ‘Paylor & Parker for the respondent. Brown, J. he libel in tuis case was filed by the own- er of the steamtug Robert Lockhart. to re- cover for damages caused to the propeller of the tug from running upon a concealed an- chor of the seow Alabama in what is known as the California Dock in Jersey City on the 26th of November, 1880. The California Dock is a slip or basin some 500 or 600 feet wide between two piers, and extending back about 1,000 feet. About midway in the length of the dock and about 150 feet south of the northerly pier, there was a coffer dam moored to piles. The scow Alabama had fastened her stern to the cofter dam ‘and dropped an anchor about 150 feet forward of her bows, and this was about 100 feet inside ot the outer end of-the dock, Tue tug Lockhart, between 6 and 7 o’clock in the morning, had landed « tow at the coffer dam, a usual place for such landings, and in com- ing cut of the slip, the water being shallow, her propeller ran upon the anchor, causing the tug considerable damage. There was no buoy ‘at the anchor, the light intended as an anchor light was near the stern of the sco ¥, but not at the height required by the rules for an anchor light, and no light was ob- served by the pilot of the Lockhart. _ I cannot doubt upon the evidence that the " anchor belonged to the Alabama. ‘The place of collision corresponded with the place at which the claimants stated that thelr anchor Was dropped; no other vessel was shown at anchor there; at the time when the contact with the propeller took place the scow’s chain at her bows was tautened. It was proved that schooners and other vessels occasionally dropped anchor for a short time. while wait- ing for orders in this broad slip or basin, but none extending such a distance trom the ves- sel. As the tug approached the scow there was nothing to indicate any anchor thrown out at any considerable distance from it. Her chain was perpendicular and there was no buoy at the anchor. Sailing vessels and tugs were accustomed to go in and out, and there was nothing in this case to give warn- ing of the danger from the scow’s anchor in shallow water nearly 100 feet from her. Un- der the maritime rule from an ancient period this was negligence for which the scow was answerable. By Article 28 of the Laws of Wisbury it was provided that “‘no master of a ship shall lie at anchor in a haven without fastening a buoy to his anchor, to give no- tice to others4where it is. If he omits to do so, and any damage is sustained by it, he is obliged to make it good.’’ In the case of the Philadelphia W. & B. RR Co. ve. Ph. H. & G. Co, (23 How. U.S. 209, 216) the Supreme Court says: “Itisa rule of maritime law from the earliest time that if a ship run foul of an anchor left with- out a buoy, the pergeon who placed it there shall respond in damages.” (Emerigon, Vol. 1, p. 417, etc.; 2 Br. Civ. & Adm. 203 ) Decree tor libellant with costs, with an order of reference to compute the damages, if the parties do not agree. December 12, 1883. ACTION FOR PERSONAL INJURIES. U.S, District Court, . SD. New York, Michael Walsh vs. the ship Carl, etc. M. J. Costello for libellant; Beebe, Wilcox & Hobbs for claimant. Brown, J. The libellant on Saturday, -the 28th of May, 1881, fell through the fore hatch of the lower deck of the ship Carl, by which he sustained severe injuries. He was one of about a dozen men who had been employed by the consignee of a large quantity of bot- tles, which had been stowed between decks, to take them from the straw in which they were picked and put them in crates to be hoisted through the main hatch. ‘The libel- lant had been engaged in this work during all the week preceeding. There were three hatches in the main deck, and three imme- diately beneath them of the same size in the lower deck. ‘The hatches in the lower deck were left constantly open, as is usual with vesse's unloading ; the hatches on the upper deck were usually closed at night, but not until after the workmen had left. The bot- tles were mainly #n the vicinity of the main hatch, and there was no other cargo at this time between decks. Preparatory to putting the bottles in crates, they were taken out of the straw and placed along the.side of the ship toward the fore hatch, going up to within about five feet of it and occupying a space of about five feet in depth next to the sides of the ship. On Saturday and_previ- ously the libellant had frequently gone for- ward of the main hatch to pile crates; and there was plenty of space left for passing along either side of the fore hatch. While engaged in piling up some crates and stand- ing about six feet immediately forward of the forehatch, some of the seamen, who were engaged in washing the main deck at about 51g o’clock, p. m., put on the cover of the fore hatch of the main deck, suddenly dark- ening the space immediately below where the libellant was at work. ‘I'he latter, arro- neously supposing that the deck hands were about to cover all the hatches and fearing that he might be left below, turned sudden- ly, and forgetting the open hatch right by him in the comparative darkness, stepped in- ‘to it and fell into the hold, some fifteen feet below. Unfortunate as the accident was, its im- mediate and proximate cause seems to me to be clearly the forgetfulness and inattention, that is to say the negligence of the libellant himself. He knew perfectly. that the hatch by him was open, and even had the darkness been complete, which could not have been the case, asthe main hatch, about fitty feet distant, was wide open, there could have been no difficulty in his reaching the main hatch without danger by going along the the side of thé ship‘in the way with which he was perfectly familiar. ‘The hatches between decks were, as is usual, rightly left open and unguarded. (I'he Germania, 9, Ben- 356; Dwyer vs. Nat. SS. Co. 4, Fed. Rep. 493.) ‘The workmen employed about them were bound to give heed to them and exer- cise reasonable care for their own safety. Notwithstanding the improper and probably merely accidental covering of the forehatch above, the injury could not have happened except through the absence of-reasonable'at- tention and care in respect to the open hatch below, with whict the?fbellaht was so tamil- iar. This negligence was, therefore, not merely contributory, but it was the imme- diate and proximate caure of the accident; the covering of the hatch above was but the preliminary and indirect cause, not-necessa- rily or naturally producing these conse- quences to the libellant. In this respect, therefore, the case. differs wholly from the case of the Kate Cann, (2 Ben. 243), which has been cited; and it equally differs from the Helios, (12 Fed. Rep. 732.) ‘The cases ot Driscoll vs. The Mayor (11 Hun. 101) and Plank vs. N. Y. Central RR. (60 N. Y. 707), referred to by counsel for the libellant held only that the question of negligence shoulc have been submitted to the jury. Without considering, theretore, whether the act of the deck hands while washing the deck in putting the cover over the fore hatch above was an act for which the ship or her owners would be responsible as regards any consequences to the libellant, at work below (The Germania, supra; ‘The Rheola 7 Fed. Rep. 734), I feel constrained to dismiss the libel upon the grounds above stated. December 7, 1883. GENERAL NEWS, The policies of free trade and better com- mercial treaties are receiving strong support in Spain, A new lighthouse tax upon vessels enter” ing Russian ports is proposed by the Govern- ment. Mr. Blackburn reported a resolution for ‘the creation of a committee on rivers and harbors in Congress. The steamer Andy Johnson has gone into winter quarters at Milwaukee and her crew has been discharged. The North Pacific whale catch this season was 11,290 barrels of oil, 162,244 pounds of bone, aud 310,000 pounds of ivory—all worth $860,000. Another relief expedition is to be sent out to search for Lieutenant Greely and his party. It is said that the expedition cannot sail for the Arctic before the latter part of June next. The North German Lloyds steamship Elder, 7,000 tons register and 8000 horse power, was successtully launched December 14th from the yard of Messre. John Elder & Son, Glasgow. ‘ C. Thouvenot, as did previously Tommasi, obtains an electro-magnet by passing steam of the pressure of two atmospheres through a copper tube of 16 millimeters in diameter coiled around,an.iron core. A correspondent of the. Engineer, London, commends, the water-tight coal bunkers oi the new United States steamship Chicago, and thinks that if the Austral bad been so provided she would not have gone down 80 readily, The New York Pilot Commissioners, at their meeting recently, adopted 4 resolution to the effect that the master of avy vessel bound to or from New York when receiving or discharging a pilot, shall bring his vessel to a stop and give all necessary assistance to the pilot. ° The Baltimore Warehouse Company’s three buildings on Union Dock, Baltimore, burned op the 19th, falling walls burying three firemen, two of whom were injured, mortally. A lot of tin plate, 40,000 cases of canned goods, and 2,500 bales of cotton were destroyed, The County Commissioners awarded con- tract.for the superstructure of the Winter street bridge, in Delaware O., tothe King Bridge Company, of Cleveland, which was represented here by V. Morris. ‘lhe bridge is to be a high truss of two spars, each one hundred and twenty feetin length There were eleven: bide, among whom were the Smith, of ‘Toledo, and the Mt, Vernon Bridge Company. ‘The bid of the successful company Was $3,400, in round numbers, Captain Watts, of the American schooner S.J. Watts, reports that his vessel was boarded November 28, in Bay Port au Prince by the crew ofa Haytian man-of-war, the commander of which, who announced him self Captain Cooper, ordered Watts to show his papers, and threatening, if all was not right, that he wonld shoot Watts and his crew. ‘The papers proved satisfactory, Coop- er left, after informing Watts that he was a son of Rear Admiral Cooper, of the United States navy, and engaged by Hayti to break up blockade running between Kingston and fMaytian porns” * A bill introduced by Mr. Ramsey of Mas- sachuesetts in the Howse of Representatives on December 14th to establish a marine signal board, provides that three commissioned officers of the navy shall be appointed by the secretary of the navy snd two officers of the revenue marine service by the secre- tary of the treasury to constitute a marine signal board of the United States. board is authorized to draft a code consisting of marine lights and for signals and regula- tions therefor, certain clauses of the revised statutes are stricken out, and the following substituted: Steam and sail vessels tinder way shall sound a fog born ring a bell in execution of and conformity to such code and -aystem of signals and rules, and by means of such apparatus as said board may adopt. Steam and sail vessels not under way shall ring a bell or sound a steam whistle or fog-horn in execution of and con- formity to such a code and system of signals and rules, and by means of such apparatus as said board may determine. TO SrEAMBOATMEN,. The following communication from the President of the National Board of Steam Navigation, which we take from the Nautical Gazette, has been added to the printed pro. ceeuings of the board, which are now ready for distribution: . To Members of National Board of Steam Navigation: By reterence to the foregoing report, it will be observed that provision has been made whereby this board may be made the instrument of many necessary reforms in steam navigation, as well asin protecting the interests of all those engaged in the maritime commerce of the nation from un- reasonable exactions, But, in order to do that, an interchange of views must be had between those interested in different parte of the country. The board may be made the medium through which the interchange of opinion may be had, and the wants of the different sections of the country made known, When any serious evils exist or hardships are felt, if not clearly local, itis made the duty of the board, through its executive com- mittee to look into and render such assistance as may be consistent with the facts when duly notified. That a representative organization of this kind, if properly sustained, may be instru- mental of great results, is apparent to every- one. The | I would therefore suggest that when any cause arises requiring legislative action, even if it. bé local, and not in conflict with the in- terests of other ports, that an apt appeal be made to the board for its influence and agency; and if it is notin session, to any member of the executive committee or the President, who will take necessary steps to provide a remedy, if consistent with the objects of the board. It may be proper for me to say in this connection that its objects are not confined to steam navigation, but to the repeal or amendment of all laws detrimental to navi- gation not necessary tor ‘the protection of the public good—among which may be named the protection of navigable streams from obstruction, the inspection laws, the liability of owners on inland waters, inspec- tion fees on vessels, license fees of officers, marine hospital tees, ete. ‘The last named subject was introduced at the recent annual meeting of the board. But, as the subject was not carefully stated nor properly understood, after some discus- sion by thembers from different parts of the country, the conclusion was had, that it was strictly a local question, and to be applied only to a certain class of vessels and_ to in- land waters. It was presumed that Congress would notentertain the proposition in that shape. nor did it come without the legiti- mate objects of a national board. Since the adjournment of the meeting the movement has assumed a different and a definite shape in New York and some other porte, and, as now presented, would, un- doubtedly, have been considered a legiti- mate subject for the consideration of the board, and it would probably have been en- dorsed and acted upon, As L understand it, it ig to petition Con- gress to so amend the law governing marine hospitals, that they be supported by ap- propriations from the national treasury, and that no collection be made from seamen for hospital purposes. This seems eminently just and humane, and, while no one would presume to dispense with the use of the marine hospitals, any. more than with city hospitals, there seems no. good reason why poor seamen (and they are always poor that apply to the hospitals) should be taxed for the suppor? of them, and especially when many of those who pay the tax never go to a marine hospital. Under the present law great difficulty arises in keeping the hospital accounts cor- recUly on vessels engaged in harbor service, and on shore routes, as all engaged in the business know too well, and a radical change in the law, if not repealed altogether, should and no doubt’ can be made by a united effort. ‘The steamboat Lill, too, that has been so long lying dormant in the committee rooms at Washington, will be revived and. pushed through Congress the coming session, elther as a whole, or in sections, it possible, All familiar with national legislation know how difficult it is to secure the action of Congress for special legislation. 1 would therefore respectifully urge upon all interested in navigation to call attention of their respec- tive members of Congress to such wants and necessities as will probably. be called up for consideration during the season, . The names of the executive committee will be seen in the report, and some one ot them or the President may be addressed at the “Ebbitt House,” Washington, D. C., from and af er December Ist, 1883, until turther notice. ‘The peculiar views and wishes from all parts of the country in the marine hospital service, and any other desired amendments, are respectfully solicited, with- out unnecessary delay. E. W.GouLp, President. ASSOCIATION OF OWNERS AND AGENT'S OF STEAM AND SAIL VES- SELS, = At a meeting of the owners and agents of steam, and sail vessels, barges and lighters, held .at 12 South street, New York, on Wednesday evening, October 3, 1883, a com- mittee was appointed to take into cousidera- tion, the quercion of preparing a bill for the repeal of the law, levying a tax known as the hospital tax, and to adopt such measures as they might deem necessary to secure the passage of such bill by the next Congress ot the United Statea, The committee have held several meetings, and after mature deliberation beg leave to report as follows, viz. : : That in their judgment it is not advisable toemploy one or more persons to take ex- clusive charge of this bill with a view of their representing us at, Washington in ta vor of its passage, That upon this question owners should represent themselves, That having a just and equitable claim upon the Government of the United States for redress and relief from an unjust tax, they should in’ person and by committee from their own number wait upon the Representative in Congress in their several districts, and with such facts as “e shall be able to present, secure their assistance in the passage of the bill. ‘To this end the committee have prepared ve following resolutions for consideration, viz. : First—that a representative committee be appointed which shall consist of owners and parties particularly and specially tnterested in the aforementioned clags of vessels. Second—That the committee shall have