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THE MARINE RECORD. MAKINE LAW. SALVAGE. United States District Court, Philadelphia Libel dismissed.—On the 24th of December Judge Butler in the United States District Court, Philadelphia, dismissed the libel of James Shuvilen, the owner of the canal barge Henry 8. Pence, which had been filed against the sloop Sally, of Camden, On July 17, 1883, the barge, with a load ot stone, Was proceeding up Weodbury Creek, New Jersey, when she was met by the Saliyy with a load of market track. A_ collision ensued and the barge was sunk. ‘The dam- ages incurred by the owner of the barge nmounted to about $500; the sloop was dam- aged to the extent of $50. ‘he weather at the time was close, the tide about one-third flood and a brisk Wind blowing from about SW. ‘The barge was floating up the creek with the tide and the master was pooleng her when necessary. After the barge bad turned the secord reach, she was thrown across the creek by a gust of wind and was unmanage- able for several minutes, While thus situ- uted, the sloop came down the creek, and, as the libellant alleges, struck the barge before she could have an opportunity to straighten out. It was the duty, he claimed, for the sloop to have waited in the reach above, and not to have attempted to come around the bend. The answer to this was, there was but one man on board the barge. This man paid no attention toa warning of the appreach of the sloop. As soon as the respondent saw the barge’s situation he tried to go under the barge’s stern, expecting that the barge would allow her stern to driftup and permit the sloop to pass. But instead of doing this, the man on the barge bela her stern with his pole, making a collision inevitable. Judge Butler, in dismissing the libel, said : “'The libel must be dismissed. -Whether the barge was sufficiently manned, and if not, whether this had anything todo with the _result, need not be considered. Her position in the creek, barring the channel, was im- proper and inexcusable. Her bow appears to have been interfered with by rubbish at the side of the stream and her stern swung around under the influence of the tide. Ido not think that the wind bad anything to do with it. Whether it had or not does not seem, however, material. Her stern would have gone completely around if her master. hiad not prevented it. Desiring to right his boat, he held her stern against the tide with his pole. This was proper at the time he com- menced it, and doubtless would have soon relieved her bow and turned it up ‘stream. His mistake, however, was in continuing it after the sloop came into view. Had he re- versed his pole and added his strength to the force of the tide, he would have opened the channel before the-sloop reached him. As it was his duty to do this, the sloop was justified in supposing he would, and in going forward. Seeing that he still held his boat across the stream, he was cautioned to let her stern go and every proper effort was made to arrest the sloop’s headway. He persisted in his own folly and was struck. That the accident occurred in this way seems very clear from the evidence on both sides. Directly after the muster of the barge repeatedly admitted his fault and exonerated the sloop. A decree must be entered dismissing the libel, with costs.”’ DOUBLE CLAIMANT’S OF SALVAGE. United States District Court, Philadelphia. Judge Butler in the United States District Court at Philadelphia, on the 24th of De- cember, decided a salvage claim of $1200 in favor of Edward H. McDonald, the master of the steam tug Storm King, of Boston. On the morning of June 15, 1883, the Storm King was at sea, having in tow the new ship Mary L. Cushing, the tug having been under contract to tow the ship from Boston to Philadelphia. When oft Barnegate Light, the master. of the tug sighted a schooner in distress, about 10 miles distant. The schooner proved to be the Ephraim and Anna, of Philadelphia; she had been aband- oned, was leaking with three anda half feet of water in the hold, and had on board a cargo of soft conl, The tug took possession of the derelict, fastened her to the stern of the Cushing and brought her to Philadelphia, At the time the service was performed the “sea was calm. On arriving at Philadelphia, th the tug and Captatn L. W. Brown, the aster of the Cushing, laid claim to salvage, . and by agreement of the parties, the owners of the Ephraim and Anna paid $1200 salvage into Court to await its decision as to which of the claimants was entitled to the mouey. Messrs. ‘Tilton and Flanders, counsels for the Cushing, argued: ‘The ship was entitled to the exclusive services of the tug during the time necessary to perform it. Any en- gagement in any other service during such time without the consent of the tow would be a Lreach of the contract of towage. It wae by virtue of the towage contract alone thatthe tug was brought into proximity with the abandoned schooner, She could not go to the relief without the permission’ of the tow. By giving such permission the ship forfeited her insurance, delayed her voyage and took the risk of a chauge of weather. In decreeing salvage a court always allows for loss of insurance. Being in the employ- ment of the ship, if the tug did something ab extra by the ship’s permission, it must be held to insure to the benefit of the employer, A sailor is in the employment of a ship; he renders a salvage service, but the ship is con- sidered the salvor, and any one who takes part in a salvage service participates in’ the award, Morton P. Henry, Esq., tor the Storm King:—The tug is not the servant of the tow; the relation of master and servant does not exist. When a tug undertakes to tow a vessel, each ve<sel in its own way is liable for the acts of its servants and not one for the other—the ship, if its servants, and the tug if ite servants arein fault, The claim of aship in tow to participate in salvage cannot be greater than the cargo she has on board, and it is settled that cargo does not parti- cipate In salvage. ‘The pretence of the master of the Cushing that he was consulted is de nied by the master of the tug. Itis nota deviation to rescue a vessel. in distress, but when it was found that the schooner was abandoned, the tug, in taking her in tow, to save property, not life, did deviate and be- come liabie as an insurer for such deviation, The whole delay could not have exceeded a few hours. She arrived at Philadelphia the next morning. If this was an unrensonable delay, it is a breach of the towage contract, for which. the toy, boat would be linble, aud might be set off against the towage bill, but it cannot be claimed az salvage. Judge Butler’s decision is as follows :— “At the commencement of those proceedings the’ Mary L, Cushing claims the entire amount of salvage earned. Regarding the Storm King as her servant, she asserted a right to compensation for what the vessel had done in- saving the schooner.. On the argument this position was abandoned, and a claim made for compensation for her own, the Cushing’s services, or participation, in saving the property. In the judgement of the Court she did not render any service, nor participate in any material respect. in what was done. It was not in her power to save the property or to render material aid in saving it. Whether she assented to the Storm King’s acts is unimportant. It is quite clear that the latter vessel proceeded upon her own motion and judgement, and by her own motive power, appliances and crew, saved the pro- perly. hat it was not only the right, but the duty of this vessel to go to the schooner’s rescue, I do not doubt. Doing so did not subject the Cushing toany risk. ‘he weather was fine, the sea calin, and the schooner close by. ‘Io disregarc the signal of dis- tress under the circumstances would have been inhuman and reprehensible. Human life might have been involved and in peril. The deviation from.her course was light as to be immaterial in view of exacting con- ditions. If the Cushing desired to avoid this deviation, she had but to let go the Storm King’s haweer, as requested at the time. Her permission to allow the schooner line to be attached to her, is of no consequence. It could as well have been attached to the Storm King. ‘The entire merit of the rescue and all the services performed in effecting it, were the Storm King’s and she therefore alone is entitled to compensation. A decree will be entered accordingly.”’— Maritime Register, —— Now the Germanic, another steamship of the White Star Line, is at sea with a broken shaft. Sombody has evidently been palming off some pocr metal on the White Star people, GENEKAL NEWs, ‘The coal output in the Wyoming, (Pa.) district. has increased 33 per cent, in three yeurs, ‘The society of civil engineers, in session at New York, electe. Dan, J. Whittemore President. Work in the Cape Cod ship canal is pro- gressing slowly. ‘The dredging machine has already dug a hole over 175 fect long by 110 feet wide and 15 feet deep. ‘The scheme having been approved by the Austrian Minister of Commerce, a new monthly line of steamships between Trieste and New York will begin Its trips on the lst of February. Mr. Cox Introduced in the House of, Rep- resentatives, ou January 8, a bill to authorize the purchase of foreign built ships by citi- zens of the United States, for use in the for-. eign carrying trade and for free ship mate- vial. A ratchet drill has been patented by Mr. Richard Stephens, of Negaunee, Mich. The invention covers a double acting ratchet brace, with two handles, so that almost a continuous movement can be -imparted to the drill, and the same brace may be driven by either the simultaneous or alternating movement, Large quantities of hay are shipped yearly from Quebec Province to the States. For yeurs past the American customs have col- lected 10 per cent. more duty than, entitled to, leading some time ago, to the organiza- tion of a hay. shippers’. association. ‘The association clait that over $1,000,000 has been thus illegally collected, and a delega- tion are in Ottawa to lay the matter before the government, requesting that it wil] form the subject of international correspondence. On the day before the White Star steamer Celtic sailed the captain dined with a friend, and ‘during the course of the conversation boasted of the regularity of his trips, stating that during the past seven years he had been delayed less than any one train run- ning between New York and San Francisco. The Celtic has rescued more shipwrecked crews nt sea than any one steamer plying between New York, and Liverpool, Captain Gleadell having already been awarded two medals. It is reported that John Roach is pushing the detail drawings for the new cruisers, and ig charging it up to the Government. The other contractors are grumbling because they say he was allowed to bid with the un- derstanding he could make the drawings in his own shop, while they had no such ar- rangement, and had to go into competition at a disadvantage. Roach can make the dif- ference in the prices of the ships in the préparation of his detail drawings, they suy, and no one will be the wiser. It is esti- mated that he will draw about $20,000 for this work by his competitors. Work is being pushed only on the three smaller vessels, it |is said, for fear Congress may not complete the appropriation. The Canada Shipbuilding Company, lim- ited (Beaver Line), have recently contracted with Messrs. Jamee and George ‘Thomson, Clyde Bank, Glasgow, tor a fine new steam- er of 5,000 tons, as an addition to their fleet trading between Liverpool, Quebec and Montreal. Her dimensions will be: Length, 400 feet; breadth, 44 feet; depth, 33 feet 4 inches. Her engines are to indicate 3,700 horse power, and she will have two double- ended boilers 18 feet in diameter, to carry a pressure of 90 pounds. The strength of the hull will in many respects to be much above the requirement of Lloyds. She will have accommodation for a number of saloon and about 1,200 steerage paseengera and will be fitted out with all the latest improvements to ensure their comfort, particular regard to be paid to ventilation. The Metropolitan Industrial League on the 17th appointed a committee on national legislation to meet at Washington on the 23d Inst., to wait upon the Shipping, Ways and Means, and Postoffice and Post Road committees of the House of Representatives, and Finance and Commerce committees of the Senate, to oppose legislation in favor of free ships or free materials for shipbuilding, and advocate only such policy as will revive American shipping in the foreign trade, and in vessels built, owned, manned and officered by American citizens. ‘The committee was inatzucted to advocate the repeal or all in- of the tariff of 1883 as would vive sufficient protection, to American labor engaged ia the production and manufacture of worsted goods, tin plate, cotton ties, wire rods, burs laps, etc. The American Shipbuilding Co , launched from their works at Philadelphia, on Janu- ary 12th, ar iron sailing vessel, the largest one ever built in this country, named the Clarence S. Bement. The dimensions of this new vessel ure: Length, 285 feet; breadth, 42 feet; depth of hold, 24 feet 7 inches; net register tonnage, 1,900; dead weight capac- ity on 83 feet draught, 3,560 tons; on 22 feet draft, 3,260 tons., She is ship rigged, iron lower musts aud bowsprit, iron lower and lower topsall yards, double topsail and top- gallant yards and has three skyeails, Length of mainyard, 95 feet; area of canvas, 42,000 square feet; steam cargo and’ anchor gear, She is to be commanded by Cuptain B. B.- ‘Townsend. ‘The owners are Messrs. Jacob E. Ridgway, Clarence 8S. Bement and Cap- tain B. B. Vownsend, ef Philadelphia. ‘The vessel will load at Phiadelphia tora China port, BOOK NOLICES., k Harrer’s MaGazine tor February is a strong number in both its artistic and_liter- ary features. The two serial novels William Black’s ‘Judith Shakespeare,” and the Rev. E. P. Roe’s “Nature’s Serial Story,” have a commanding interest. The ‘frontispiece engraving from Abbey’s drawing, ‘lhe Bi- ble Reading,” is an illustration for Black’s novel; and both Dielman and Gibson have done their pest work tor ‘‘Nature’s Serial Story.’” Ao The opening paper of the number, by Jo- seph Hatton, isa description of the upper Thames, accompanied by ten very beautiful and picturesque illustrations from drawings by E. A. Abbey ana Alfrec Parsons. Miss Woolson concludes her very interesting ar- ticle “At Mentone,’ which is profusely and beautitully illustrated. Mr. C. H. Farn- ham, one of our best maguazinists, contrib- utes a paper entitled “A Winter in Canada,” a-close study of Canadian country life, with graphic jllustrations. Colonel Higginson’s “American History”? series has passed be- yond the revolutionary period, and in this month’s paper-he traces the beginnings of our national life. The arcicle deals also with some interesting phases of social life in New York and Philadelphia during Washington’s administration. One of the illustrations isa fine tull-page portrait of Alexander Hamil- ton, engraved by Butler. EE. Mason contrib- utes a paper on the old Dutch master, Jacob Ruysdael, which contains also an excellent engraving of one of his characteristic paint- ings. Recent work in ‘Terra Cotta is the subject ot a good article by Alexander F. Oakey, illustrated from drawings by the author. Julian Hawthorne contributes a atrong dramatic story, entitled ‘David Poin- dexter’s Disappearance ;”? and a shorter sto ry—a New England sketch—of a more hum- orous character, ©The Topham Meadow Lot,” is contributed by Sophia Swett. “Glimpses of Emerson,” by Mrs. James ‘I’. Fields, is full of matter which will be of in- terest to every reader of tle magazine in Americaand England. ‘The late Dr. J. Ma- rion Siras is the author of a dramatic sketch of revolutionary times, entitled “Lydia Mackey and Colonel Tarleton,’ and the Rev. Chas F. 'Thwing contributes a timely paper on ‘The National Government and Educa- tion.”” The editorial departments are well sustained, as usual, and full of entertain- ment and instruction. Sr. Nicuotas for Februry is a bright, crisp, and cheerful mid-winter number, and the seasonable frontispiece—an original wood engraving by Elbridge Kingsley—is called “A Midwinter Night.’ Accompany- ing the frontispiece is a paper entitled “An Engraver on Wheels,”? which gives a pleas- ant and instructive account of wood engrav- ing in general, and in particular, of Mr. Kingsley’s peculiar methods of work, and of his peripatetic studio, a veritable house on wheels, in which he lives, eats, sleeps, and drives about from place to place for months together, transferring tothe block and en- graving whatever strikes his fancy. An- other wintry feature which will find a merry welcome is ‘I'he Brownies on Skates,” one of Palmer Cox’s funnily illustrated poems; “Griselda’s Reception” is an amusingly told story of child life; St. Valentine’s Day is commemorated with some very pretty verses, which doubtless will be sent to many a little maiden on the Fourteenth; W. O. Stoddard’s sorial, “Winter Fun,” is just as timely and even more entertaining than before. “His- toric Boys,” a series of sketches by KE. 8. Brooks, which bids fair to be of unusual in. terest, begins in this number with Marcus of Rome, the Boy Magistrate,” a vividly writ- ternal revenue taxes and such readjustment | ten account of some incidents in the boy-life