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Pare neVUEI ON mT TOP 0S 1 I Sn oe EY THE MARINE RECORD. No. 1,848. In Admiralty. MARITIME LAW. CARRIKD—DEMURRAGE, ETC. Reported for the Marine Record. In the District Court of the United States for Laban’ Fortier and ) Altred Mayer vs. Diamond Match Company, | claimant. Earl Bill, the commissioner to whom this * submits the following report: Said commissioner has been attended by the proctors of the respective parties at sundry nesses, whose depositions had been taken in this cnuse and in cause No, 1,849 in this court wherein Laban Fortier ts libelant and the - also respondent and claimant; all of which testimony, together with that of several witnesses taken by and: before the under- considered in both said causes, so far as the same isin its nature applicuble and perti- nent and the same havirg been heard to- upon, the undersigned after carful considera- tion thereof finds the facts and conclusions of law applicable thereto, as found in and as the same relate and are pertinent to this issue in this cause, and the undersigned hereby refers to, adopts and makes part of this report in cause No. 1,849, as specifically as if herein stated in detail anew, so far us they relate to the making of said contract of af- these libelants, and the representations of libelants respecting the capacity and draft of said barges and the representations of Ontonagon river present and prospective; also as to the contract or arrangement be- tween Tyler and claimant for the trans- recognitlon, and partial lading and amount so laden of said barge Sherman at Ontona- gon, the shallowness of water in the river damage thereby suffered by libelant, the failure to deliver the lumber on her rail, the difficulty of getting down the river to lighter, the necessity of extra ‘towing by tug in getting out of the river, the signing and delivery of bills of Jading and their terme to the agent of claimant, the delay in unlad- ing the same, the capacity and draft of said barge Sherman and the amount due as their said contract with Tyler, It is further found that the amount paid by libelants on account of the failure to de- at Ontonagon is the sum of $82.75; that the amount paid by libelants for the extra tow- ing, made necessary by the shallowness of the bor at that place is the sum of $30.00, The undersigned therefore pronounces in favor of libelants, upon the matters in their low stated, to-wit: For fzeight on 600,000 feet of lumber at $3.00 per fhousand,, LIEN ALLOWED ON FULL AMOUNT OF FREIGHT the Northern District of Ohio, 600,060 feet of lumber, ete., cause was by order of said court referred, times, and the testimony of sundry wit- respondent and claimant in this cause are signed has been, by the agreement of counsel, gether with the arguments of counsel there- by his report in said cause No. 1,849, so far report the facts and conclusions in his said freightment by and between said Tyler and said Tyler as tothe depth of water in the portation of its lumber; the presentation and consequent detention there with the the Jake with her partial load, the refusal to the presentation of said barges at Cleveland freight to libelante under the provisions of liver said lumber on the raii of snid barge water in the river in clearing from the hat- said libel contained for the several sums be- Less amount paic 1800 00 "641 43 Balanee.s..csceesesseseessee: peaegeseeteasseresecsensaeeeseses 1,158 57 Amount t paid by libeiants for extra labor in loading. . 82 75 Seven days deiay of barge ntonag yond reasonable time at $50.00 per da One day’s delay at Cleveland in Unlond yond a reasonable time... ey Amount paid by libelant for extra towing at Ontonagon by reason of the shallowness ot the water in the river, Total, That libelants ought to have belt: deore for said sum of sixteen hundred and seventy: one dollars and thirty-two cents, with interest thereon from the 6th day of July, 1883, until the entry of said decree and the costs of this suit; and that they ought to have their lien therefore upon said 500,000 feet of lumber, seized by virtue of the mesne process, issued in this cause as security for the payment of Biid decree, Ail of which fs respectfully submitted, Eart Biii, Commissioner, COLLISION—-DUTY TO EXHIBIT -TORCH TO APPROACHING STEAMSHIP—POSITION OF SCHOONER’S SIDE LIGHTS, District Court, trict of New York. William H. Cramp and others vs. the tug Geo. H, Dentz and the bark Caro; E. I’. Holliwell et, al. the tug Geo. H. Dentz and the schooner Josephine. Dec!ded Sept. 22, 1884. Benedict, J. These actions arise out of a collision that occurred op the night of Au- gust 15th, 1884, on the ocean, about three miles to the southward of the Scotland light ship, between the bark Caro and_ the schooner Josephine, at the time in tow of the steam tug George H. Dentz. The Dentz was bound to New York steering tor the Scotland light. She had the schooner Jose- phine in tow upon a hawser some 75 fathoms long. The bark Caro was outward bound, and was sailing close hauled upon the starboard tack. The tug was seen by the bark at the dis- tance of some two miles, but the bark was not discovered by any pereon on the tug or on the schooner until collision between the bark and the schooner was inevitable. It is proved that the bark had her side lights set, and burning, and that the tug had also the proper lights get, including the vertical lights required to indicate that she had a Vessel in tow. The proof shows plainly that the sole cause. of the collision was the failure of the tug to see the bark in time. It is also plain that the night, although dark, was a good night to see lights. In the pilot house ot the tug were two persons, one engaged in steering, the other in looking out. ‘This pilot house was only fifteen feet from the stem. A lookout stationed on the deck be- tween the pilot house and the stem would have been in danger of being’ swept off by the.sea. Under these circumstances it was not negligence to station the ‘ookout in the pilot house of the tug. The negligence on the part of tug, if she’ was negligent, was not in placing her look- out in the pilot house, but in the want of dili- gence in the man who was there placed. If the bark displayed the proper lights the fail- ure of those in the tug to see the bark in pro per time must be attributed toa wantofa dili- gent lookout. If the proper lights were not displayed by the bark, then the failure of those in the tug to see the bark in time must be attributed to the negligence of those on the bark in respect to the Jights. One omission on the part. of the bark in respect to her lights is conceded. She did not display a torch. In her behalf the con- tention is that the statute did not require her to exhibit a torch to the tug, because the tug was not approaching any point or quarter of the bark. The testimony shows that the tug was ap- proaching the bark upon such a course that she passed the tug within less than 100 feet. Under such cirenmstances the tug was an approaching steamer within the meaning of the statute, and the statute made it the duty of the bark, when she saw the tug so up- proaching, to show a lighted torch upon her bow. The burden Is upon the bark to show that this omission did not contribute to cause the collision that ensued, and she hag failed 1o do this. Upon this ground alone the collision must be. held to have been caused by fault of the bark. ‘There is, in addition, considerable foundation for the belief that the location of the bark’s side lights was such as to render them ineffectual to warn vessels approaching at a certain angle. ‘hese lights were placed upon.the mizzen rigging, and of course, aft the fore and main sail. ‘lhe bark was sailing close hauled, and the testimony leaves it in doubt whether the clew of the sails set forward of the light would not shut off the light toa vessel ahead. I am aware that many vessels errry their lights aft, and that reasons are given for prefering that location but when on any vessel the side lights are placed aft the sails, I consider the vessel charged with the burden of showing clearly that the lights so placed would not be obstructed by the sails when set. The testimony in this case has not satisfled me that the side lights of the bark would not be obstructed by the clew of her sails when close hauled, owing to her side light being placed upon her mizzen rigging, An obscuration of the bark’s side light by the clew of this sail would account for the fact proved that not only did the two men on the tug fail to discern the bark’s light util United States, "Eastern Dis- | she was upon them but the men on Se ee a i se ts [esse ee schooner in tow of the tug also failed to see the bark’s light until she was close at hand. ‘The tug’s lights were seen from the bark ata distance of two miles, and it the bark’s lights were unobstructed it is difficult to under- stand why neither of two men on the tug and none of several men op the schooner in tow saw them until the bark was close by, although, as they say, all were looking for- ward for lights. An obstruction of the bark’s lights by the clew of her sail would account for this, and, as before remarked, { am not satisfied that such was not the case, owing to the lights being placed in the mizzen rigging. Upon these grounds, therefore, the libel of the owner of the bark Caro against the George H. Dentz must be dismissed, and the libel of the owner of the schooner Josephine must be sustained as against the bark Caro and dismiseed as against the tug Denjz. Edward L. Owen, for bark Caro; E. G, Davis and Joseph F. Mosher for tug Dentz; Hill, Wing and Shoudy, for schooner Jose- phine, THE AMERICAN SHIP WINDLASS COMPANY. Special Correspondence of the Marine Record. Provipence, R, I., Oct. 4. On the Inst day of September, amid the smoke and dust of a miniature summer cy- clone, your correspondent boarded the ele- gant steamer Massachusetts, of the Provi- dence Line, bound from New York for this city, and aftera pleasant night’s sail, reached here safely. ‘The sun was not very high in the eastern sky when I wended my way to the exteneive works of the great establish- ment whose name heads this article. The practical merits of the machines built by this company have made it one of the lead- ing corporations for the manufacture of ‘la- bor saving marine machinery in the United States. By the courtesy of the genial superin- tendent I was shown from basement to loft through this model factory, and after a close survey of everything in and about the works, have come to the conclusion that the Provi | dence capstan and wirdlass are as near per- fection as long experience and constant study and attention to detail can make them. The factory of this vast establishment, which, by the way, is astock company, with a paid up capital of $100,000, is as complete in all its appointments as possible. ‘The main building is 800 feet long, 54 teet wide, two and a half stories high and is fitted with new and improved machinery, all driven by a powerful steam engine. Connected with this building by a strong bridge is a capstan shop, 80x82 feet, two stories high, and a blacksmith shop beneath, which measures 45x50 feet. ‘The company was established in 1857, since which time it has turned out upward of 5,000 hand and steam windlasses, teside au immense number of hand and steam capstans, of various styles and sizes, from that small enough for a river sloop to those large enough for a 3,000-ton ship ora big 6,000-ton screw steamer, As may be sup- posed, the works of this large industry cover an extensive plot of ground, and they also give employment to a large number of skilled mechanics, many of whom have been with them since the beginning, particularly the head men in ‘each department, who have grown up with the business, making them very familiar with their duties and interest- ed in the quality of the work turned out. When their windlasses were first put on the market, more than a quarter of a century ago, they were viewed with much suspicion and prejudice, Which has only been overcome by peristent exertions, indomitable will and*severe and long-continued tests in prac- tical use, and now that their practicability has been demonstrated and their-auperiority ae- knowledged by all, hosts of imitators have appeared in the market, each one ready to claim his imitation as an “improvement” on the Providence windlasses, many of these so-called improvements being nothing more than discarded ideas of the American com- pany, and others being infringements on their patents, which render the vessels using them lable for damages. Among the important improvements which have originated in the fertile braing of the practical men who manage this grand enterprise none have won more favorable comment among ehipbuilders and owners than the manner of locking the wild eat or grab tothe windlass, and known as the “new locking gear.” By this arrangement the grab can be Instantly disengaged from the windlass, or locked to it, by simply in- serting a lever in a socket and lifting up or bearing down, as the cuse may be. I ‘ nection with this I may mention thas a out is now going on with one party for infringe. mext of this veienhy and others will no doubt be instituted. Another novel and ingenious invention they have introduced is a cable in. dicator, inyented by Captain ©. H. Phinney, of Boston, a well-known seaman and baviga. tor, for measuring the chain as it runs out, or as it is hove in. As a merit ot excellence, this company were awarded the first gold medal for the best capstan wind. lass xt the centennial exhibition in Phila. delphia, in 1876, and it is quite safe to pre. dict that they will also carry off the highest honors at the grand World’s Cotton Exposi- tion, which will open at New Orleans, De. cember Ist. Another valuable aid to the efficiency of the Providence capstan wind. lass is Southard’s patent messenger chain at. tachment, for heaving up the anchor, in con. nection with a donkey engine, located in the after part of the deck house on a sailing vessel. This useful auxiliary wis invented by I’. J.. Southard, the Richmond, Me., shipbuilder, and is furnished exclusively by the American Company. By this monin labor, which would have taken a score of ancient mariners with their “Yo heave, ho!”’ amhour to ‘accomplish, can now be per. tormed in a few minutes by a man and steam. ‘I'lns is the only concern in the country, if not in the world, that de- pends entirely upon this one branch of in- dustry to keep them busy all the year round, summer as well as winter, and their shops are fitted withthe very latest and best ma chinery for facilitating the manutacwure of this specialty, and, in fact, nothing seems to have been neglected in_ providing every- thing that is needed in a first-class machine shop. Captain John Lowe, a well-known ves. sel master of your city, says that the inven- tion of the improved Providence capstan * windlasses was 2 most providential discoy- ery, and any ceck hand, possessed of a pen- ny worth of horse senge can run them just us well as the must expertengineer. In ad- dition to the superior workmanship and ma- terial of this capstan, over all other styles in the market, it has one feature which no other capstan has, and this is a very import- ant one, viz.: when using the capstan under a severe strain on the power side, both the * outside and inside pawls take the strain, thus furnishing double security against breakage and relieving the men on the bars from danger. ‘Io show the appreciation ard preferences of shipmasters tor. these sailor */ saving devices it is only necessary to ba that it is estimated that seven-eighths of all capstans sold in the United States last year were made by this company. The characteristic feature in the construc- tion of their improved power windlasses is that the windlase, and the engine that drives it, are mounted upon the surface of and sc- cured to a single bed-plate, which is com- mon to both, and also the wormshaft which is driven by the engine, and which con- nects the windlass with the engine, is locat- ed in a horizontal, instead of a vertical, post- tion, so that the ‘axis of the wormehutt is parallel, or nearly so, with the line in which the chain cables pull in passing over the wild cat to the hawse pipes, when the an- chor is being hove up, thus saving much friction. Another important and useful invention made at their works isthe patent hawse pipe stopper, (which wae illustrated in the MarinE REcorD several months ago,) de- Ag by that able and well-known mechan- ic, Mr. Herman Winter, eenstructing engi- neer of the Morgan Line, N.Y. This ar rangement insures a perfect air and water light joint, is strong, simple and durable, and no sea-going vessel is thoroughly equipped without them. ‘They can be put in and taken out in afew moments, and at the same time it gives the commander of a vessel every confidence to know that his an- chors are ready for use at any moment with- out the trouble of bending chains. In addt- tion to the above novel patent, the same in- ventor has devised an improved wharf drop, which is »lso manufactured by the enterprising American Ship Windlass Com- pany. ‘This bridgeway, as it is sometimes called, is designed to move up and down to meet the varying requirements of tides ant lightor loaded vessels, for passenger foo bridges, ship or ferry bridgeg, Each drop or bridge is twenty-five feet long by twelve feet vide and capable of taking twenty tons over it with the greatest safety, yet can be quickly raised or lowered by one man through a height of ten feet or more by the power of a thumband finger, and tt will remain secure in any position without any locking arrangement. ‘They can furnish, at very short notice, the machinery for any alze of a bridge, from that of a small passenger foot bridge to the largest ship or ferry bridge, and they have been supplied to the Metropolitan Steamship Company for their Boston (India) wharf, the Central Wharf Company, of Boston, and other prominent concerns have adopted them, The various styles of windlasses manutac- tured by the American Ship Company are principally the Providence patent steam capstan windlass, the Providence patent steam capstan windlass, new style, the Providence patent capstan windlass, the Providence patent pump brake windlass, the Providence patent ¢rank capstan windlass and several other kinds and sizes, which 1 need not name, Among the big ships and