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MARITIME LAW. YO SHOW PROPER LIGHTS—COL LISION, United States District Court, New Orleans. November, 1884. Billings, Judge. ‘The St. Louis and Vick-- burg Anchor Line vs. the Red River und Coast Line, No. 11,903; Eoston Marine In- surance Company vs. the Red River and Coast Line, No. 11,905.-- Chese cases have been consolidated a3 depending tor their solution upon the same. facts. In the first there is across libel held. In the second there isa prayer that the owners of the other colliding boat be made party and de cree to pay the whole or a portion of the loss of the insured. The litigation thus combined consists of a suit brought by the owners of the steamboat the City of Greenville against the steamboat the Laura Lee, and, a suit brought by the owners of the cargo of the Greenville, growing out of a collision be- tween the two steamers, wherein the Green- ville was sunk with her cargo, and with the cross libel, present the question upon which boat rests the liability, for the damage suffered by the owners of the two boats in consequence of their collisiun as well as that resulting from the loss of the cargo. The collision and the sinking took place in the early morning of the 12th of January, 1883, at some time before light, approxim tt- ing to 3:30 o’clock, on the Mississippi river, ata point about eighty miles above the city of New Orleans, just above White Castle Light, and a short distance above the town of Bayou Goula. The City of Greenville was ascending, and the Laura Lee was de- cending the river (euch on her regular voy- age.) The whole subject has been presented by voluminous testimony, has been argued by the parties on both sides with great thoroughness in regard to the facts, and, with equal research, as to the law of the case. ‘The full study, which vocation enabled me to give the canee, has brought ine to the conclusion that each of the col- liding vessels is in fault upon the facts which her own pleadings admit, or her proofs establish, in that neither complied with that rule of navigation which required steamers approaching each other not to come nearer to each other that 800 yards without an ex- change of understood and harmonious signals. The rules 1 and 2 of. the “rules and reg- ulations for the government of pilots of steamers navigating the rivers flowing into the Gulf of Mexico and their tributaries adopted by the Board of Supervising In- spectors,”? and approved by the Secretary of the Treasury, with the amendments, March 15, 1880, are as follows: Rule 1. ‘When stegmers are approach- ing each other the signal for passing shall be one sound of the steam whistle to keep to the left. These signals shall be made first by tbe descending steamer.” Rule 2. Should steamers be likely to pass each other and these signals should not be made and answered by the time such boats shall have arrived at the distance of 800 yards from each other, the engines of both shall be stopped; or should the signal be given and not properly understood from any cause whatever, both boats shall be backed until their headway shall be fully checked, and the engines shall not be again started ahead until the proper signals are made, answered and understood, “Doubts or fear of misunderstanding whistles shall be expressed by several short sounds of the whistle in quick successions. The meaning of rule two is manifest. It prescribes that the distance of 800 yards shall be inviolably preserved from encroach- ment by either steamer until the proper signals have been ‘‘made, answered and understood.” Each steamer upon knowingly coming up to the point of 800 yards from another approaching steamer must not only stop all forward revolutions of its engines, but the revolutions must be reversed till all forward motion of the yessel Is overcome, and each steamer must remain thus unmoved by any forward impuleo of its machinery till there is a full communication from that boat whose duty it is to give the signal, and a re- sponse which shows a comprehension of and axsent to the signal on the part of the other boat. Then and not till then, may either of the approaching boats move forward toward ‘the other. NEGLECr | ‘The importance of this rule in enabling vessels to avoid disaster cannot be over- j estimated by the navigators, nor can it be too ‘mandate which, if obeyed, may be effective in the prevention of calamity even after i negligence of observation or unskillfulness in sailing or misconception of lovality or of the movements of vthers have created or lett impending danger. It requires little delay and no sacrifice upon a voyage and ealls for no effect except ordinary observation, nothing except cessation of all mouvement. It is the last, and, if allowed, unfailing adjanct of skill, and is acare even for in- competency in navigation so tar as collision of approaching steamers is concerned, ‘The decisive questions to enable us to determine whether the rule has been observed by a boat ina given cause are: Did she come within 800 yards of the approaching boat? Did she know of this approach, and was there an exchange of understood signals? Each party has by its proofs shown that {ts boxt consciously disregarded this im- pertative, I had almost said supreme, rule of navigation. The showing of the City of Granville is that she saw the Lee at a distance of some two miles, and still suffered herself to come within 600 or 600 yards of her without any whistle being blown or heard by her. The fact that it was the duty or right of the descending bout to select her direction and give the first signal does ‘not change the obligation of the other bout. The ascending boat must still stop till the signals have been interchanged. The showing of the Laura Lee is that she saw the lights of the steamer, which proved to be the Greenville, when 500 or 600 yards distant and yet did not pause, but undertook, when thus within the allowed proximity and while still progressing, to have an ex- change of signals. Her reason for thus proceeding is as untenable as that of the other boat for her conduct. ‘That reason is that she mistook the Greenville for a packet which desired to make landings on the west side of the river. ‘he frequent liability to just such misapprehension shows the wis- dom of the rule and the necessity of its rigid enforcement. ‘I'he object of the rule ie that each boat may learn the intention of the other, not from its own conjectures or in- ferences, but from the other's signals, and that collision may be avoided by substitut- ing for hastily formed opinion easily ob- tained intormation. If we confine the several parties to their own testimony and Jay out of view every disputed fact, it appeare that each of the colliding vessels knew of the approach of the other, knew that the separating distance was less than the allowed 800 yarde, knew that there had been no exchange of under- stood signals, and, therefore, knew that there had been no common understanding as to the paths or courses of the respective vessels; each vessel, notwithstanding this knowledge;-and in direct disobedience to a rule of navigation made familiar by constant application and sacredly obligatory as essen- tial to the safety of life and property upon a river teeming with coming and going boate, continued on ita course. Both boats were tending toward the same point, and collision was the inevitable consequence. If the Greenville had completely stopped at any point between the distance of two miles, where she admits she perceived the Lee, and the 800 yards, or if the Lee had stopped even at the distance of 500 or 600 yards, when she admits she fully perceived the Greenville, the collision could not have taken place. ‘The antecedent faults of either vessel, even it they had existed exactly as claimed by the other, would not have re- sulted in the disaster but for the common violation of this well known and funda- mental rule of navigation. Both vessels must, therefore, be adjudged to have been guilty of fault. It follows that the damage which both vessels suffered and that result- ing from the loss of the cargoof the Green- ville, upon which insurance has been p aid, should be divided. Let it be. referred toa commissioner to report upon the aggregate loss to the two boats and to the Insurance company, who are the libelants to the sec- ond suit. Upon the coming in of this report the question as to the extent of liability of the ow ners of each boat beyond her value will be determined, if it is presented by the values found, by the commissioner and adopted by the court, THE MARINE RECORD. ‘strongly adherded to by courts, [tis a} GENERAL NEWS. | Four schooners foundered Saturday night {on the Newfoundland coast, and all on board perished. Musk rats in Tawas Tanke are’ buil ling their houses in) rather elevated locations, which is taken as an indication of high wa- ter in the spring. The reyal yacht Alberta, which is now undergoing av overhaul at Portsmeuth, is ordered to be in readiness for the Queen’s use by December 15th. The steamer Nashua has made twenty round trips through the Welland this sea- son, At $80 cost each trip through, she has paid the Canadian government. $3,200 for the privilege. The Ameriean Steamship Company trans- ferred at Philadelphia, recently, tothe Inter- national Steamship Company, the steamer Ohio, for $181,250; steamer India, for $181,- 250; steamer Pennsvlvania,. for $181,250; steamer I}lineis, for $181,250. The bill proposing an Arkansas river com mission appropriates $600,000 to be applied to improvements from the mouth to the head- waters of the river, including the improve- mentof the harbors of Pine Bluff, Little Rock, Dareenelle, Van Buren, and Fort Sinith. Representative Taylor, of Ohio, has intro- duced a Lill to prohibit the removal of any honorably discharged soldier, sailor, or ma- rine, or any widow, or dependent relative of the same from any office in the civil ser- { | vice of the United States, except for specified cause. Mr. Cox, of New York, asks the president to turnish information-showing the author ity of law for which certain commodores of the navy have been given the rank of acting rear admiral when. as is alleged, no vacan- cies existed in the legal and limited number of officers of that grade, and also what public emergency, if any, existed to justify such action. : A bill has been prepared for the Reichstag. contemplating the construction of a canal between Kiel and Brunsbuttel, Elbe. The eanal will permit the passage of the largest man-of-war to the fortresses and na- val stations at each entrance. It will cost 122,000,000 marks and will be completed in five years. Count Von Moltke and the Em- peror have both approved the scheme. The City of Detroit made one hundred and five trips this season, which is one more than she made during the season of 1883. She eommenced her voyages on the 2d of April this year, and closed them on the 3d of De- cember. . The largest number of trips made by any boat on this line in any season was by the Northwest in a season which began March 9th, and closed December 15th, en- abling them to make 114 trips, i The Empire Lumber Company, of Eau Claire, Wis., has sold to Turner, Hollings- head & Co., of Lansing, Iowa, the raft boat Clyde, and made an agreement with the Lansing firm to deliver the cut of the Em- pire Lumber Company’s mills at Hannibal, Me., where the latter has distributing yards. Toe sum involved in the transaction is $80, 000. ‘The Lansing firm now hus three raft- ing steamers. A Cincinnati wharfboat, said to he the largest on any river, has recently procured a windlaes from the American Ship Wind- lass Company, which has given great satis- faction, as has all the capstans in use on western and southern boats. The capstans are very attractive to steamboatmen both in finish and durability, and give the greatest general satisfaction. The above is in keep ing with our knowledge of the facts on the lake and ocean ships. The Vessel Owners’ Towing Company will keep tugboats in readiness for business at Chicago all winter, and will promptly respond to all demands, J. 8. Dunham will also have two boats in commission, the Mor- ford and Mosher. The tug Alpha will be put into service again, and the tug John Gordon is being ironed off to get into shape to break ice this winter. Captain Cy Sinclair has succeeded Captain Charles M. Carle in the command of the Gordon, There was some inquiry tor winter storage room at Chicago, with shippers offering four cents and owners demanding five cents. One agent could have put in considerable room at the first named figure, but insisted on the latter. He offered to give the mere storage for two cents, and take his chances on the shipping rate next spring, but his offer was not accepted. It is very unlikely that /any considerable amountc¢f room will be ta- {ken until after the first of January, as the | elevator capacity will be sufficient for any amount received for the next month at least, ‘The Stundard’s Hong Kong dispatch says | that the Chinese appear to have abandoned yall hove of mediation, and are determined jupon a vigorous policy. Twelve men-of- war have been ordered to engage the French fleet and break the Formosa blockade. ‘'wenty-four Germans are on the fleet, and one commands a ship under a Chinese ad- miral. Satisfaction is expressed, as a short and sharp campaign will make one of the combatants readier to entertain propositions of peace. The present situation is ruining trade, ‘The receipts of fron ore at Chicago dur- ing the season aggregated 153,854 tons, and during 1883 64,689 tons. Receipts of pig pig iron were 32,060 tons, against 22,210 tons during 1888. Reccipts of salt were xs follows: Bulk, 14,835 tons; sacks, 7,807; barrels, 81,505. During 1883 the number of sacks of salt received was 62,883; barrels, 175,449. The coal receipts were a little more in the aggregate than during the sea- son of 1883. ‘he number of tons of hard coul received here was 753,180, agninst 679,- 266 during 1883; sott coal, 236,848 tons, against 209,184 in 1883. Moderate, thawy weather at Eau Claire, Wis., has partially stopped the exodus to the pineries, and loggers fear the small amount of snow will disappear with the warmth and leave a soft foundation for the next snow fall. Over 175 men, however, left for the upper Chippewa and Flambeau rivers, having been engaged the previous day for cutting logs at a compensation ot from $16 to $20 per month, which was hard tor the laboring man to swallow. The prices of provisions are proportionately low, and log- gers, if inclined, can secure a heavy crop of logs this winter, at least 25 per cent cheaper than last season. Jndge Nelson, in the United States Dis- trict court, has given a decision on the peti- tions for limitation uf liability in the cases brought against the Boston and Savannah Steamship Company for damages arising from the logs of the steamer City ot Colum- bus. He says: ‘The limited liability stat- ute extends as well to claims for personal in- juries suffered by paesengers, as for loss of life by passengers. ‘The insurance effected by the owners on the steamship and cargo is not an interest in such vessel and freight which they are bound to surrender tor the benefit of claimants within the meaning of the Revised Statutes.’’ ‘The wreck of the Daniel Steinmann, the Dutch steamer which went ashore off Sam- bro Light last spring, shows signs of break- Ling up. Dr. H. Pitta, who purchased ‘her contents, has a large force of divers at work. ‘The divers say the vessel has broken in two {rom the bridge forward, and that the star- board side has fallen on the cargo. ‘There are now several bodies in and about the wreck. One is lying ina bunk. The body of one of the engineers is lying across the top of the cylinder with the head split open. ‘The greater portion of the bodies are in the steerage. The prevailing opinion seems to be that some remuneration should be offered for recovering and @ecently interring the bodies. The total coal shipments by lake from Buf- falo for the season were 1,365,410 tons, against 1,253,940 tons for 1888, and-1,027,500 tons tor 1882. ‘The gain for this seagon over last year is 111,470 tons—not 80 large as was antici- pated. In the face, however, of the general business depression consequent on the pres- dential election, and other untoward causes, the increase is a healthy one, and shows the growing importance of Buffalo as a coal dis- tributing point. The average treight for the seuson to Chicago and Milwaukee was some- what higher than in the preceeding season, and there were fewer changes in rates. So much coal had been contracted for delivery at Duluth before the season opened that the current rates were very low throughout the season—much under the Chicago rates, though generally they have been sbout 26 per cent higher than the latter. Toledo and Detroit trade, too, was dulj, and rates lower than usual, A BILL has been introduced in Congress to light navigable rivers with electricity.