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MARINE LAW. A LONGSHOREMAN’S CLAIM—A MARITIME LIEN. U. S. Dist. Court, Southern Dist. New York. John 8. Boyle and others vs. the brig Hattie M. Bain, ete. J. A. Hyland for libelante; Benedict, Taft & Bendict for the claimants. Brown, Judge. This libel. was filed by several persons claiming wages due them for stevedore work in unloading a cargo of logwood from the brig Hattie M. Bain, in September, 1881. ‘The head stevedore was one McAllister, by whom most of the libelants were originally employed. In their behalf itis claimed, how- ever, and the testimony shows, that a number of them at least, being intormed that McAllis- ter could not be trusted to pay them, went to the Captain and told him they could not trust McAllister, and would stop work unless the captain would see them paid; and that the captain being in haste for the dis- charge of the cargo, promised that he would see that they were paid. The captain ad- mits that on the last day he employed two of the men; but he denies that he employed or promised to pay any others. As respects those workmen to whom the captain’s promise, if any, was collateral only to the obligations of McAllister, and who did not work on the -taith of the captain’s promise no recovery can be had; for it was McAlilister’s debt, and it is impossible, under the present known customs, that workmen engaged by the head stevedore should not understand that they must look to him for their pay. ‘Ihe old law of the Consulado expressly provided that where the work- men knew the work was done by a contrac- tor by the job, the ship could not be seized. " (Vol. 2, Ch. 54, §88). The Mark Lane (13 Fed. Rep, 800.) But the Consulado also de- clares that if the patron captains promise to pay the workmen and they work on the faith of that, though the work be let out to a con- tractor by the job, that promise must be made good (Ch. 54, §85.) Where the origi- nal employment is by another, and the al- leged promise by the master is disputed, no liability of the ship can be admitted, unless the court is clearly satisfied that the work itself was done on the faith of the master’s promise; a subsequent promise by the mas. ter to see the men: paid is a mere collateral promise and insufficient. In the present case I think thiis is made out in regard to only five of the libelants, and I therefore al- low them as follows: Graut, $2.70; Boyle, $33.50; Kehoe, $11.50; John Hammill, $1.95; Thomas Hammill, $1.95, and disallow the others. The other defense is that no lien exists for stevedores’ services, on the ground that the service is not a maritime service. That waz formerly the rule tollowed in this dis- trict. It is not to be denied that the su- preme court hassanctioned a more enlarged view of what is comprehended under a mar- itime service than that which formerly pre- vailed in this country. In Insurance Co. vs. Dunham (1! Wall, 26) the court says: “As to contracts it has been equally well settled that the English rule, which concedes juris- diction, with a few exceptions, only to con- tracts made upon the sea, and to be executed thereon, making locality the test, is entirely inadmmissable, and that the true criterion is the nature and subjeet matter of the con- tract, a8 whether it was a maritime contract, having reference to maritime service or mar- itime transactions.” ‘The ship is bouhd to make proper stowage and proper discharge of the cargo; for any breach of duty in either the ship is liable and a maritime lien arises; because the obli- gation is maritime. Suits tor the enforce- ment of liens arising from the breach of these obligations are of frequent occurrence, and there 18 no dispute either as_ to the lien in such cases oras to the maritime character of the ship’s obligation, properly to stow und discharge cargo. But it the ship’s ob- ligation is maritime, the service rendered to the ship in discharging that obligation must be, maritime also. In the language of the supreme court it “‘has reference’’ exclusive- ly “to a maritime transaction.’’ Every ser- vice rendered to the ship in discharging her own maritime obligations must be he'd to be maritimed ; and if the vessel is in a foreign port, give a maritime lien for such service. The subject has been so fully discussed by | Choate, J. in the case of the brig Winde- | mere (2 Fed. Rep, 722); by Benedict, J., in| THE MARINE RECORK | the Circassian, (1 Ben. 209); und the Kate | Tremaine (5 do 60); by Sewell, J., in the G. T. Kemp, (2 Low 482), and by Deady, J., in the Canada, (7 Fed. Rep. 119) that I have | nothing to add beyond what is there stated | in support of a stevedore’s lien. | In the case of the Thames, (10 Fed. Rep. 848,) this court held that a shipping broker has no lien for services in procuring a char- ter party, on the ground that this was clearly separable asa preliminary service leading to 2 maritime contract, and not of itself a mar- itime service. ‘I'he services of such a broker are no part of the obligation of the ship to the goods, and therefore, separated by a clear line of division from services like those of a stevedore, which are rendered in the discharge of a maritime obligation. | Entertaining no doubt that stevedores’ services are maritime, within the definition ot the supreme court, the lien to which they, who rendered such services, are justly en- titled, by the general principles of marine law, should no longer be denied them, when the services are rendered, as_ in this case, to a foreign vessel, The libelants are, there- tore, entitled to a decree for the amounts above specified; but as the case is the first in which this lien has been directly allowed in this district, it will he without costs, except the clerk’s and maishal’s fees. May 21, 1884. LIBEL FOR DEMURRAGE, United States District Court, Boston, Mass Nelson, J.—Libel for demurrage caused by the obstruction of Charles river in repair- ing Warren bridge. ‘The libelant is master of the schooner Elizabeth S. Lee, and alleged that the schooner, having on board a cargo of coal, was prevented from proceeding up the Charles river to the Charles river wharf, by the acts of the defendant in closing the navigation of the river. ‘The defendants, Young, Ryan, Hayes & Co., are contractors, who were employed by the city of Boston to repair Warren bridge. ‘They closed the river. from September 27 to the 29th, and’ con- tended they were authorized in doing so un- der an act of the legislature (chapter 140 of the acts of 1883,) and the license of the harbor commnissioners. ‘The case was heard some time since, and the court now held that, in the absence of any legislation by Congress pro- hibiting the work, the act of the legislature gave authority to the city of Boston to make the changes in the drawer of Warren bridge, and to contract with .the defendants to con- struct it, that the act also gave them power to relay the syphon of the Boston water works, that as there was no evidence that any unneccessary time was taken in doing the work, the work was lawful, and there was no claim against the city or contractors on account of the necessary delay in relaying the sypkon. It was further held that, if under the statute, the consent of the harbor commissioners was necessary, the action of the commissioners amounted to a sufficient license to proceed and make the changes in the position of the syphon. The libel was accordingly dis- missed with costs. C. 1. Walcott for the libelant, and D, B. Gove and J. M. Gove for the defendants. CROSS LIBELS FOR COLLISION. David E. Mayo and others vs. the schooner Anniola; John C. Ferguson and others vs- the barque ‘I’, K. Weldon. Cross libels for collision between the schooner Anniola and the barque T. K. Weldon, on the evening of Wednesday, February 28, 1883, near ‘Tar- paulin Cove in Vineyard Sound. It appeared in evidence that, as they approached each other, neither vessel changed its course, and both claimed to have been close-hauled und to have the right of way. The judge de- cided that the baique was the only vessel close-hauled and had the right of way, and that the Anniola was at least two points free, and should have avoided the barque, and was alone responsible for the collision. In the libel against the Anniola, the decree was accordingly for the libelants, and in the libel against the barque was dismissed. F. Dodge for the T. K. Welden, J. D. Ball for the Anniola. ee The steamer Rothesay was launched on the 14th and taken to Ogdensburg. Chas. Gorrill, late second engineer on the propeller Celtic, has accepted the position of first engineer on the propeller Lake Ontario. {improving the Detroit D. GENERAL NEW An Inter-Ocean correspondent predicts that before many years Fargo will be a city of 100,000 inhabitants. St. Paul and Min- neapolis should, according to their tactics towards Duluth, proceed at once to kill off the upstart Dakota town, The steamer Corsican, of the mail line, will run trom Prescott to Toronto, con necting at the former place with the Culti- vateur for Montreal, until the Passport is ready to take her place on the line. The latter is being fitted with a new engine frame at Sorel., In the House committee of thew hole on the river and harbor bill, Mr. Maybury called attention of the committee to the necessity of prosecuting to completion the work of river, but was unsuccessful in his efforts to have the ap- propriation for that-river increased from $100,000 to $227,000. According to figures obtained from the Custom House, as shown by clearances, there were shipped from Oscoda during May 28,- 790,000 feet of lumber, 995,000 lath, and 16,- 300 cedar posts. ‘These figures do not show the full amount of shipping, as considerable was.taken away by boats which get their clearances from Chicago through to their distinations, and put. on part ofa load at Oscoda without. reporting to.the custom house. ‘THE ‘secretary of the Montreal corn ex- change on Monday received official notifica- tion of the decision arrived at by the Do- minion government in regard to canal tolls. It stated-that it was the opinion of the gov- ernment that it-would be neither expedient nor proper to avopt a new policy of total abolition of tolls without the authority of Parliament. In order, however, to meet the view of shippers and forwarders concerned. a reduction was made for the present season of navigation only of the existing tolls from 20 cents to 10 cents a ton on. wheat, Indian corn, oats, barley and rye shipped for Mon- jtreal or any other Canadian’ port east of Montreal. During the month of May 529 vessels passed through the St. Mary’s Falls. Canal, aggregating 306,387 tons. ‘These boats carried 8,379 passengers and 297,063 tons of freight, as follows; coal, 102,125 tons; copper, 4,161 tons; flour, 113,298 barrels; iron ore, 83,054 tons; wheat, 1,593,615 bushels. These figures indicate an enormous advance over the cor- responding month of last year. In the item of registered tonnage there is an advance of 182,- ,425 tons; in freight, 115,560 tons; in pas- sengers, 5,665. Never has a season opened so auspiciously asthe present. Mr. Jackson, the statistician of the canal, says the business for this one month was greater than for any one year before 1863, which was eight or nine years after the canal was first built. Sucha comparison shows the enormour growth of the Lake Superior commerce, and _ the in- crease over the corresponding month of last year shows the rate of progress. CHEAP EXCURSION 'TO THE OCEAN, On July 5th, 6th and 7th the New York, Pennsylvania and Ohio railroad will sell ex- excursion tickets to Portland, Me., and re- turn, at exceedingly low rates, giving all an excellent opportunity of spending. the sum- mer in the mountains or at the sea shore. The excursion takes in Lake Chatauqua, Ni- agara Falls, the ‘Thousand Islands, rapids of the St. Lawrence. Montreal, Quebec and the White Mountains. ‘The choice of the routes is given, going and returning. Tickets will be good for return sixty days from date of sale, and good for stop-over in either direction at all points of interest. Therate from Cleve- land will be but $22 forthe round trip. This low rate should be largely taken ad- vantage of, for surely a more beautiful trip than is afforded by this excurson, embrac- ing more points of interest, or reaching a quarter where the temperature is 80 cool and refreshing, could not be taken. —_$——— When Will Kenny, who was clerk of the propeller Michigan the past year, stepped aboard the boat to bid his shipmates goodbye, preparatory to entering upon his new duties in the same position on the magnificent steamer City of Milwaukee, the entire crew assembled in the after cabin, and Captain Prindeville, in behalf of the officers and men, presented Mr. Kenny with a large floral horseshoe, composed of the choicest and most beautiful cut flowers as an evidence of the esteem in which he was held by his associates. The recipient, after recovering from his surprise, responded with a brief speech of thanks. Mr. Kenny is the oldest clerk on the line, and is very popular with his shipmates and the travel- ing publie.—Lvening Wisconsin, LITERARY NOTICES, Harper’s MaGazink for July, in its liter. avure and its illustrations, is a mirror of the summer world. In its opening article we are transported to the valley of the Nile, Dr. Moritz Busch takes us to Prince Big. marck’s favorite haunts—his Pomeranian home. From the forests of Germany, Wi]. iam Black, in his ‘‘Judith Shakespeare,” takes us to the summer fields of the Avon, where Judith meets her lover. Then Mr Roe’s novel, “Nature’s Serlal Story,” brings us home again to the banks of the Hudson Mr. Dielman’s tull-page picture, “ Watching the Swarm,” and Mr. Gibson’s picture of “The Last Load,” also a full-page illustra. tion, reach to abcut the highest level yet at. tained in American drawing or engraving ‘The “Summer Resorts of the St. Law. rence.”’ are- beautifully described.. The “A, proaches to New York’? is a finely illustrat. ed article. With the chapter on “Old Hick. ory”—illustrated by full-page portraits ot Andrew Jackson and Daniel Webster—Col. onel Higginson concludes his interestin American History series. G. Pomeroy Keege contributes a timely article on “Beef—trom the Range to the Shambles.” This number contains eleven full-page engravings. In the July Century, the frontispiece ig an engraving from a full-length pohtograph of John Bright, accompanying a careful and discriminating estimate, by IT. H. S. Escott, editor of the ‘Fortnightly Review.” “The Scenes of Huawthorne’s Romances’: are described in a chatty way, with perti- nent quotations, by Julian Hawthorne. The “Cruise of the Alice May,’’ by 8. G. W. Benjamin, is completed in “Cruising around Cape Breton,” for which Burns makes the drawings. In fietion this number is partic- ularly strong. Frank R.' Stockton has one of his inimitable stories, “he Reversible Landscape,’”? and Miss Julia D. Whiting writes a pathetic New. England love-story; beside installments of G. W. Cable’s “Dr. Sevier,’’ and the conclusion of “Lady Barber- ina,” by Henry James, in which there is an elopement. Ex-President ‘Theodore’ D. Woolsey has «x suggestive essay on ‘Acca- demicul Degrees.”? Eugene V. Smalley has a brief but comprehensive and popular ac- count of the workings of the United States patent office. In ‘Topics of the Time” are editorials on ‘‘The Advertising Power ofa Good Name,” “Dishonesty in Commerce and Politics.” ‘Open Letters’? contains brief — popular essays and sketches of “Recent American Poetry.’’ The ATLANTIC for July opens with a cap- tal short story by W.H. Bishop. It is en- titled “Choy Susan,”’ and relates graphically Pacitic coast adventures and love-making, and its interest is much increased by the in- troduction of a Mormon girl. Dr. Mitchell’s excellent serial ‘In War ‘Time,’’ progresses satisfactorily, and will be, when completed, an unusually good and readable novel. Mrs. ‘E. D. R. Bianciardi describes ‘“I'he Haunts of Galileo.’? The classic article is by Will- iam C. Lawton, “I'he Underworld in Ho- mer, Virgil, and Dante.” O. H. Durward contributes « striking story, ‘*Beaten by 4 Giaour.” Harriet Waters Preston in ‘The Gospel of Defeat” writes of Amiel, Senan- cour (author of ‘‘Oberman’’), and Biran. Bradford ‘Torrey has a charming out-door paper on “Bird-Gazing in the White Moun- tains,”? A. F. Matthews writes of ‘Chimes, and How they are Rung.” Houghton, Mif- flin & Co., Boston. ‘ Sr. Nicnoras for July is a_ brilliant “Fourth ot July” number, which should arouse the interest and enthusiasm of every patriotic American girl and boy. The num- ber opens with ‘How the Tories broke up ‘Meeting,’’? by Emma Demerritt. “A Fourth of July among the Indians.’’? An interesting and valuable contribution is the story of Richard Lord Jones, ‘The Young- est Soldier of the Revolution,” by W. W- Crannell. Of timely interest and import- ance is Charles Barnard’s graphic and accu- rate account of “The Bartholdi Statute, the great Liberty that soon is to stand on Bedloe’s Island, New York harbor. Of the serials, J. ‘I’. Trowbridge’s ‘“Ihe Scarlet Tanager,” ends with an interesting denoue- ment; “Marvin and his Boy Hunters,’ pass through many entertaining adventures; and Louisa M. Alcott contributes a “Spinning: wheel Story” of healthtul and helpful sig- nificance to hosts of American girls. [un ad- dition to a well-executed frontispiece by Alfred Kappes, there are many beautiful il- lustrations by other well-known artists. H. J. James, of Ashland, has had a large crew of men at work getting the engine, boiler, and other machinery out of the steamer Ozaukee, which sunk in heavy northeast. storm near the mouth of Bad river. Nearly all the machinery has been taken into Ashland and deposited on the Union Mill Company’s docks, where it W! ! await the building of a new hull for it. Mr. James ix rushing the work on the new boat with all possible speed,