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2 ‘THE MARINE RECORD. MARINE LAW. AVERAGE CONTRIBUTION—UNSEA- WORTHINESS. Court of Common Pleas, Philadelphia. Effet of signing a general average bond. Decision in favor of the vessel. A case of importance lo ship masters and consignees of cargovs upon which bave been levied general average assessments came to trial on January 31, before Judge Eleock and a jury in the Court of Common Pleas, Philadelphia. The schooner Mottie A. Hand, Captain Nelson Jarvis, sailed, from Philadelphia on January 9, 1880, boullégr Charleston, S. C., with a cargo of? steel ra lots of other goods. ‘There wer rails, their value was $38,000, and the' consigned to the Cheraw & Salisbury Rail- road Company, a South Carolina corporg- tion. On the voyage the schooner ante aleak at the centreboard and she was obliged to put into Nortolk for repairs. Her cargo was discharged, and after waiting for some time her turn on. the marine railway, sh was hauled out, repaired, reloaded cargo, “and sailed from Norfolk on April Sth. She was obliged to put back again .to Norfolk, where a new rudder was put in, and she finally left Norfolk on April 23d, and ar- rived on May lst ut Charleston, her port of destination. Her bills at Norfolk amounted to $8,149.89. he repairs were made under the supervision of the board of .marine un- derwriters. The steel rails were insured by the Insurance Company of the State of Pennsylvania. On the vessel’s arrival at Charleston the captain surrendered his lien for general average on the rails, released the cargo and delivered it over to President Ravenel, of the railroad company. In con- sideration for this release the president ex- ecuted to him the usual general average bond, which in forms sets out that certain expenses have been incurred by the perils of the sea, that these expenses constitute a claim for general average, and that the con- sequence therefore would pay his proportion of the loss as adjusted under the laws and usages of South Carolina by John R. Heriot, an average adjuster of Charleston. Mr. Heriot afterward made up the adjustment and the amount found to be assessed against the steel rails was $1,939.38. ‘The vessel sailed from Charleston in due course, leav- ing the amount due by the railroad company still uncollected, and finally the president of the company retnsed to pay the money, saying that he had been instructed by the insurance company to refuse payment be- cause the vessel was not seaworthy when she left Philade) phia. Suit was brought against the railroad com- pany and the owner laid an attachment against what the insurance would owe the railroad company tor the amount of the rail’s general average contribution. The suit against the railroad company came up for trial before Judge Elcock, as_ before stated, on January 3ler. The action was to recover the amount due -under President Ravenel’s general average bond. Counsel for the schooner proved the execution of the bond, the making of the adjustment ac- cording to the usages and laws of South Carolina, the payment of the bills at Nor- folk, and then rested. GENERAL tons of g George ‘Tucker Bispham, Esq., for the railroad company, sought to introduce evi- objected to the ‘Wd missability of such evi- dence as above set torth. ‘lhey claimed that the consignee was estopped by reason of having signed the bond. The bond could only be attacked for fraud, accident or mis- take, of which there was no presence In the Cace. Judge Elcock sustained the objection and directed a verdict for the vessel, which the jury accordingly rendered for $2,373.80 : which sum includes the general average contribution with interest. Mr. Bispham took an exception to this ruling and the law point will be argued before the Court in Bane. DECKLOAD JETTISONED, United States District Court, New Orleans. efore Judge Billings January 28.—No. 11.381—John F. Popp & Co. ve. the schoon- er Hettie Ellis. This is a suit to recover the value of lum- ber shipped from ‘Tensas river or Bay Mi- dence that the vessel was unseaworthy be- fore she entered upon the voyage. ‘The owners of the rails were not obliged to pay this contribution because the loss did not arise from perils of the sea, Every ship- owner necessari'y contracts that his vessel is fit to perform the voyage. This vessel was in the Delaware river eight or nine days ‘after she left Philadelphia, and was leaking when she got to rea, There was no stormy weather sufficient to drive a staunch vessel into Norfolk. On taking her out on the railway at Norfolk the vessel was found to have many timbers eaten up with dry rot. There is an implied warranty of seaworthi- ness on the part of a captain when he con- tracts to carry acargo. The bond sued up- on was conditioned to pay only what the owner of the cargo might be legally held liable for, and that in view of the unsea- worthiness of the vessel, there was no legal liability to contribute towards repairs, and hence there could be no right of recovery on the bond. Messrs. Driver & Coulston, for the vessel, nette, Mississippi, to New Orleans. The lumber was, with the knowledge of libel- ants, who were owners, stowe’l on deck. There was a storm, and the preponderance of evidence established that the lumber wag jettisoned. ‘There was no bill of lading or other contract in writing. ‘he testimony as to the usage with reference to the liabil- ity fails toestablish any custom which could vary the liability which the law imposes up- on vessels as to property thus stowed. With reference to cargo stowed on the’ deck, the ship is not liable as a common carrier, but its liability in this case.is limited to ordinary care, i. e., such degree of care as a prudent owner would exercise. Law- rence vs. Minturn, 17 How., 111. The case shows the jettison occured to save the ves- sel and the mariners from destruction and leaves the sole question of favt to be decid- ed: Did the unskillfulness of the master expose the vessel and cargo to the danger or peril from which the loss arose? ‘The alle- gation in the libel is that “tthe loss was the result of the negligence, want of skill and care of the master.”’ If this allegation is maintained, the liability of the vessel is established. Lawrence: vs. Minturn, 17 How., 111. In Shackleford vs. Witcox, 9 L. 33, 39, the court says: ‘‘In relation to un- derwriters without special agreement, and in relation to other owners of cargo under deck, in case of jettison, it is well settled that goods on deck form no part of the cargo.” “As between the owner and the carrier, it is otherwise, and the carrier is bound by the same obligation as for the rest of the cargo, save only the damage which may result from ‘its exposed situation. In New Jersey Steam Navigation Compa- ny vs. Merchanv’s Bank, 6 Howard, pp. 844, 383, the court says: “The vessel was not exempt trom ordinary care in the manage- ment of the vessel by the master and hands.’’ These last two cases establish the law to be that when the cargo is stored on deck, the burden of proof is on the shipper. Does, then, the evidence establish. want of ordinary skill in the management of the vessel? The facts, as Cetailed by the mas- ter and the witness, John Brown, are that the schooner came through Grant’s Pass Saturday morning. Toward night « heavy fog came on, with increasing wind, At Round Island they took in the mainsail and sailed on before and after dark, the master being uncertain of his whereabout or even his direction or course, In the night the vessel went upon Dog Keys, where the lum- ber was jetusoned, It was easy for the schooner to have anchored in closed waters and to have waited until the fog broke, and not to have sailed on without knowledge of locality and not attempted to navigate the vessel square bowed in the open sound full of shoals. But for this want of skill or eare the loss would not have occurred, Let there be judgment tor the libelants. THE CANISTEO-MURRAY COLLISION, In October, 1880, during a storm, the pro- peller Canisteo and the schooner George Murray (now the George) came in collision near Waugoshance. ‘The propeller was badly damaged and made water freely, and her commander, in order to save the lives of those on board and finally save the pro- peller, ran her ashore, ‘The gale, however, used her tp, and she and her grain cargo became total losses. Their combined value was about $75,000. ‘he schooner was also surance Company had $7,200 on the grain cargo of the Canisteo and had to pay it of course. In order to get this sum back it commenced proceedings in court in Chica- go, alleging that the Murray was at fault, and caused the collisionand loss, ‘Though the propeller and ber cargo was worth $75,000, no other claim except that of the Phoenix was tiled in. The other companies took no partin the proceedings. When the proceedings were instituted Captain Wiley M. Egan, of this city, limited his liabillty, under the act of Congress, to the Murray, and her value was appraised at $28,000. The case was re- ferred to Commissioner Proudfoot, and the latter made his report on the 17th. It is to the effect that the Canisteo was the sole cause of the collision, and that the Phoenix Company has no just claim against the Mur- ray or her.owner or his bondsmen. Schuy- ler & Kramer conducted the case for Cap- tain Egan, and Robert Rae for the insurance company. The Phenix gave notice of an appeal. ‘The lookout on the Murray, the extra man cn deck, one of the men below, and the: female cook all went over to the side of the insurance company, and gave evidence in their interest. The evidence of Captain Hurlburt, of the Murray,.his mate, and the man at the wheel was sufficient, however, and won the case for Captain Egan. TRANSPORTATION. Editor of the Marine Record. There is a most imperative call foi the passage of Senator Collin’s inter-state com- merce bill, or some other measure having for its direct object the overlooking and supervision of transportation and all matters pertaining to it. Our cereal trade will de- velop or retrograde in exact ratio with the promptness and fairness afforded in yetting crops to market. Few things can be left to regulate themselves, and where railroads combine and scheme to keep rates ata tixed standard, while the western farmer is obliged to sell at.a loss or hold at a loss large percentages of his wheat in consequence of the demands of pooling railroads, it is high time these lords ot transportation should be regulated. Regardless of the state of the. market this clique of railroad kings must have its price for carrying. ‘There are twelve million bushels of wheat in Minnesota and Dakota which was kept there by discrimination in freights. It does not require much of an eye to see the out- come if railroads are left to themselves to combine and dominate the country. We shall lose our grain market in Europe. In dia will wrench it from ns as sure as fate if we do not see to it that our grain producers get their grain transported with celerity and reasonable cheapness. According to the Indian budget report of Sir Aukland Calvin the export of grain from British India has almost trebled in three years. It was 8,477,- 000 ewt. in the year 1882-83. It was 19 500,- 000 ewt. in the first ten months of the cur- rent fiscal year. It would be well if our legielaters could see the significance of these figures. W.il. WITHOUT INSURANCE. A number of sail vessel-owners trom other ports in Chicago are looking after their craft which wintered here, and either are already grain-loaded or will load grain for Buffalo, expressed themselves as in full ac- cord with the Chicago Vessel Owners’ Asso- ciation in opposing the rates and terms of the Buffalo hull combination. One of the gentlemen, who resides in Buftalo, said he had it on the very best authority that the combination would not hold together, and that the break up would soon come. If the Straite opened before this break in rates took place he purposed to send his vessels out one trip without insurance, and he was sure that by the time they arrived in Buffalo there would be no hull combination in ex- istence., It might be, be continued, that vessels would not be leaving Chieago until May Ist, and he anticipated no special dan- ger from ice. He was determined that he “would not pay the exorbitant insurance rates now demanded, in order to help in- surance companies to pay for their wild work and big losses of 1883,’? ‘The execu- tive committee of the Chicago Vessel Own- ers’ Association was in session mort all day on the 17th. They are hard at work and are evidently in earnest. It is understood that two other combination companies be- side the Continental have intimated that they will insure a large line of vessel prop- erty at the rates offered by the committee. A number of vesseis in the lumber trade on Lake Michigan are without insurance. The ewners say they would like to insure, but that they cannot afford to pay the rates that damaged to some extent. ‘The Phoenix In- | are asked by the combination, ec a ee an =P cesses seen a ag LIFE SAVING STATIONS. The Erie Herald gives the following on life saving stations: : The ninth district, the first established along the lakes, embraces nearly 1,560 miles of lake and river coast and includes the ata. tions on Lake Ontario, Lake Erie and the Ohio river as fay as Louisville, Ky , and is under the superintendence ot Captain D, P, Dobbins, than whom a-man better fitted for the position in every respect could not be found. ‘I'he first station in the district is sit. uated at Big Sandy Creek, at the foot of Lake Ontario, and is in care of Captain Will- iam Fish as keeper. ‘The next station, con. taining the same number of men, and known as the Salmon Creek life saving eta- tion, is also on Luke Ontario at the mouth of Salmon Creek, Mexico Bay, and is in eare of Captain M. E. Parker. ‘The third on the list, Oswego lifeboat station, ts sit- uated at Oswego, Captain John Blackburn as keeper. Fourth comes Charlotte volun- teer lifeboat station, Captain Joseph O’ Doyle in charge, situated at the mouth of the Gen- essee river, The Buffalo station, which comes next, is located on the south side of Buffalo Creek, with Captain ‘Thomas Will- jams as keeper. What was formerly, when the stations were designated by numbers, known us No. 6, is now known as the Erie lite saving station, and is situated at the mouth of Erie harbor, under the care of Captain William Clark, Fairport life-boat station at the mouth of Grand river, Ohio, comes next, with Cuptain George F. Bab- cock, No. 8, now known as the Cleveland lifeboat station, is in-charge of Captain C. C, Goodwir, Next on the list comes Point Mablehead, volunteer lifeboat etation at Point Marblehead, O., with Captain L. M. Clemens, Last is the Louisville life saving station, situated on the fulls ot the Ohio, at Louisville, Ky., in.charge of Captain Will- iam M. Devan, : A MINIATURE MONITOR. C. N. Crawford gays in the Marine Jour- nal: Writing. about steamboats brings to mind the fact that Iouce instigated -and helped to build the smallest successful steam- boat, and the most successful small boat, one that made more round trips and more money than any small boat that ever existed. It was about this way: Wuring the war the citizens of Pittsburg and: Alleghany deter- mined to get up a big tir for the benefit of the sanitary commission. While this was being worked up I deter- mined to build a miniature model of a mon- itor to be operated in the basin of a fountain in one of the departments. While I wasengaged at this, Mr. William Metcalf, superintendent of the Fort Pitt foundry, where | was then employed, proposed to furnish all the money and material required and to enlarge on my plan, and add another department to the fair exclusively for this vessel and other war ma- terial, This resolution was unanimously adopted, and the boat built accordingly. Mr. John H. McElory, Col. Joseph Kaye, Mr. F. Kirsch, and myself were the builders of the boat, and Mr. Metcalf snperintended the erecting of a building about 150x756 feet, inclosing a large elliptical shaped reservoir for the accommodation of the craft. The hull was made of a single sheet of copper, 10 feet long between perpendiculars, and about 20 inches beam, after the model of the monitor Manayunk, then building at Pitts- burg. ‘The deck plates were wrought iron, and the turret and guns were cast iron, The vessel was driven by a beautiful oscillating engine, designed by Mr. McElroy, of 114 inch bore by 24% inch stroke, which was of ample power. ‘lhe boiler was made ot copper, of a flat elliptic section, about two feet long, with vertical tubes, the furnace being a series of alcohol lamps covering the entire bottom surface cf the boiler. ‘This arrangement worked well, and made plenty of steam. ‘'he propeller, which was of brass, was geared at a speed of about two to one of the engine. When completed she floated on aneven keel with about two inches free- board. A trial trip was made of a quarter of amile in the Alleghany river against the current on a June rise, under convoy of a fleet of skiffa, but unfortunately when rounding into her wharf she swung against the head ot a craft and sunk in twenty feet of water. This calamity was gotten over by procuring a diver who fetched her up ina short time, The guns were never found, and had to be made over again. In due time the fair was opened, and the crowd attained access to Monitor hall, where the boat was quietly making her regnlar trips. That building was literally jammed nearly all the time during the two or three weeks the fair lasted. No boat ever drew such crowds, not of pas- sengers—spectators—at 25 cents each. When the fair was over it was found that Monitor hall had collected the largest share of the receipts of the five departments, I think about $75,000. The entire gross receipts were $325,000. After this ex- traordinary success she was exhibited under the management of Col, Joseph Kaye, now deceased, at Baltimore, Wheeling, Boston, Philadelphia, and, lastly, at Chicago, where she was sold, making cords of money at each place for the sanitary, commission. Perhaps less is now known of this monitor that any of them, but undoutedly she is entitled to aconspicnons place in the history of our defunct navy.