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)- 2 THE MARINE RECORD. MAKINi: I AW. iiiii acii in a loMiun oi' row mi'. (i ml nj Cnmmnii Plnia, Philadelphia On Niim-iiiIh i 21st ilic suit or Cnptnlu II. JiiloIwcii n| lfu;Nor«eRlnTlrl)iiik"Uoid" nullum lMir Wrlpiit A, Soiib uiir tried In J Com t of Co union Hloiw No.-t, Plillneielplilu, bnlmo I'rvidant Judge Tnjlnr. On De- ceinlier 10, 188.^ (the_bnrk belng.rendy for bcii imtl ilicn lylnjr nt Glrnfef Point, the Ciiptnln made n biu^hi wltti Wm. C.Tinner, the Agent of tlie Retl Star toga Juno ami Now Ciiftlei to low *lilm to sea with one of theme boats, oi if they we're, not at hand, to furnish number. The charge was to bo |07i the summer rate of towage. The vessel u ns to st irt on the morning ot December 11th, Unable to furnish either or the Reel S.tar tugs, Mr. Tumor- sent the tug S. L. Jiitmn down to Girard Point to lake the bark In tow, and on the afternoon of the llih the Ilronn-Mok tho ship iib far as Chester and their tied up lor the night 'Ihe neit iiiorn lng, the 12lh, lli'ej got under wnj and had not piocccded far, the tide being llooilj when tliej m ere caught hy a Held of lee w h cb Ca|iialn ijaiobsen hiij s the mg uns unable to manage, and the ship relumed to Chester again. '1 he bark laid thereuntil the 14th, and In the meanlitno the Captain had gone to Philadelphia and leported the mailer to Peter Wright & sons. They furnished him the Judo, which on the 14tli took the bnik in low and left hci at sea on the liiili. The defendants were (he brokers of the ship and had chaiged $108 for towage, winter rates, and the suit was to recover back the cxccsb oj"$101, that being the (IliTereiae between the amount charged and the amouiu agreid upon, vl? , $07, summer rales Added to tliis was ,i eliiiin of $K)0 lor tluee dajs' detention, some other smalKs amounls for'] cur fares and damage tothe~sli!p'isheathing, making In all a cl dm of about $-7$ I be jury rcudeiid a veiellu in Imoi ol CuptuluJ Jaeobaeii lor *.»18 07. .rdllowiug is the chaige of JudgeTln>er ' I cuiinot see, gentlemen thai uitluregard to the teims ot the contract there Is much discrepancy between the lesilnionj ofiho t iptain of ihe balk, Captain Jne'()b..ti),*iiiiil lliat ol Mi.'lurnei, the igeut ot tin lied Star tii|;s Both ot them agieed Unit Hie contract w ii that lliruer should luiiiii.li one ol the Ki d btur tugs—or If he cpulil not gel one ol their own lug4, llit'iijhc wusio send some oilier tug. 1 inner says, "some other nig," tin' Captain su>s "some oilier good tug" In either case theie was an Implied coniincl, ll ally contract at all, to send a tug capable of doing the work, bec itiiu ll would be Itllel to iiiidcrtalke to sliy thai llle phdiitlil tlioiiltl 1 ay for a tug w hlcli wu» incapable of pei- foimiug thai dulj Hie tug emplojed was t|ic Brown, which belonged to Ml Cbiiich- m in, and not lo the Heiil Sim Cine she wns u llltlt' behind time in Mailing but she l tine at length, and got irown to ( btslei that night and next morning at tliiilmiik llioj went out Into the livci, and tlie\ soon got into the ice, ami, as the in plain it ml pilot sa), could not get any lnilheil The dclendiint'- si} lhat llit' Laptaln beutme aliiiincd, was alridiLtluil Ids ship might he iujiiied, and tbut he tiirucil buck on lhat iiiumin. Hie I htintill sins, no,—III it the uiiron that In did not go on was lhat the Broun was nol uipable of taking the ship tbrouglil the Ice 'I lie pilot aujs the lug was not big enough hy which I suppose lie meant that she bud not sullleleiu powei. Now, when It was agreed to suppl) .'mother tug in caselluj could not si nil one ot [hiir own, was it im¬ plied that the Ited Still lug people, I lint is Peter 11 right it, sous—lor I must regard them us the same in thlsiasi—was it under stood that the} would supply lluil other tug In case they could not send out ol (heir ow n, a)hbelrowu risk, ami that llie tnutiait was a'contract by which liny undcitnoV. to supply a tug uud to he lespouslblt ll Ibev did notJ On llie suitaie, It would sum natural to consider the contract in that way If this contract to send another lug win, made oil I uluilI ol the deluiidtiuts, then lhe\ vere houu I lo fuiulsh a tug whidi was capable ol | iilorinlng |lu woik,ldoiuu menu cnpalile <>| 11 ion hi nj. Ii in tin line of Insuptrnhh (Unit uliitf, liinuse linn nun be elrt uiuhtniiiin m'iIih no skill and illl- tieiiiy on the pall ul llie iiigtnul I "\t noun. lint t|m wile louiiil lo liuiiNi i nig ol BUlllcicut j.lilllt) anil hmc mnl>jirmiii lo overcome jlie onlm iu__kt'llluiilln •, Ttrjnn I 'gnlinii and take llle balk losea. And ll Ihey cont acted to do that, and fulled to do that' they Inoke Ihelr contract, and were re¬ sponsible to i|n> eoinplanlnant. The Brown came hack, as the jlclcndantls||say, at the Captain's liiftiimj', hecause he iwis ufiald to risk his ship Of course, If Unit was the reason, md If the Hi own might have taken the viesel thuiiigh,—why, the defendants did all Ihey had iiiiilortiiken'to do, and are not responsible! lor ihe return of ilio Brown and the employment of another vessel the ship came buck because the dig was not able to Hike her, If she was Hot of sufllcient s|zc or poutfr to do It, iiitd ll the result showed that another nig, the Juno, sent (low n,could do It, then the defendants are responsible for having sent nn1 Insufficient tug lif the first place. It is admltti'd by Mr. Tumor that he had agVeoll to charge only (he sumiiiei rates foi the lug first sent. But Mr. 'I'unicr says Hint when the olhegitug, the Juno, was sent lown ii) lake .the ship out, (here wnsadlsllnet eigreemcni with Captain Jacobsou that he should pay winter latcs. If you find Hint to be so, it constitutes of course u new con¬ tract superseding the old one, and Ihe cap¬ tain would be obligee! to pay the winter rates. It there was no contract to pay the a Intel rates and the original contract remained In force, by wlileh It wns agreed to take the cap¬ tain on I for the summer rates then the defend nuts had no right to charge winter rates for the Juno tiny more than fdr the'Brown. Soil will depend upon what you think ol the ovldence on Hint head whether they were right in charging winter latcs or not. 'Hie plaintiff's claim you will perceive, Is two-fold. Ill the llrst place, ho claims to le- covci the dlllerence between ihe summer rates and the wlnler rales of lowago, and then he claims ovci'and above that^spcolal damage foi the detention ol his ship through an alleged bleach of contract on the pari o* the defendant hi not supplying!! good lug to-| take him out of the Delaware river through the ice. Now, whether lie Is entitled lo re¬ am cr'thei difference1 betwi eu the summer and the winter rates dc'iiends upou what I have alrcadv said upon that subject. On the soconiljioiut as to damages for, the detention resulting Iroin not furnishing a proper tug, —II Ihe defendant', ihioiigh their agent, Mr Turner, agieed to leindsli a tug to take him out through the Ice, one of their tugs or anttthei— and seul an Insufficient tug—one which was otcipablenf performing Ihe oidlnaiy dulles and ordinary labor to accom¬ plish the iimiiI pin poses of. Die elelendants' tug in taking 'hips oiil,—If Hint sent an In¬ competent lug in place ol their own tug and in execution ol their own contract, an J that was the cause of ihe delay mid not the cap¬ tain s tear ol Ihe ice,—why then, Ihey w(II be responsible foi that delay , because it it— doubled]), ihere was nn implied contract that tl e tug sent should be u tug that w is inmpttt'iit, a tug sufficient lo take a ship of that builheii out of the river at that time of year, making allowance, ol couise, for extra- ordinal v ncc'ldcnls and,extraordinary dilll cullies (11 limine, II the reason lhat the Hi own el hi nol lake Ilic ship out win the mere capilie ol llie captain, or Ills fears that bis vessels would be cut hy the iee, that relieves the tles- fendanl'i lioin any lesponslblllly ahoiii il, betaiHi^lf ihe vessel was tin re and capable of doing the work—ns Mr. -Churchman, by the by, said lluil she was, just as capable ns theodiii nig—and the caplnlii, apprehend¬ ing lluil he might be cul up loo badly by the let, was unwilling lo take the risk* and, tin ui d I on nil and came back—lhat, of course, exout'iales llie defendants Irom auy charge ul having broken their cpiitiacl."—J/mitime, lleuislei. The Si iittniy ol jhe 'Heusuiy is quite (oi i Ighl in advoc/ltliig a statute of lliullatiol « iliduis nguin^'thc Covcn|inent. Some now pending an' lilt) years old But lie should have loupltdit Willi it reeiiiiiiiiendailou lluil CollglCn* so luntllli tile plcstllt law as to lul'oiniiiigel'ilinnnts whose claims have beefi lidjiielicated but nut paid. It sometimes Imp. pelis lluil hy tl'iu liuiu tlit; Giivt'ii|iliO|ir<gcia aroiiinlio jln justice the original paitv In In- lei'ekt It- dead, and the lulls have noldia thai any, pavment is dut 11on^ tht (juwin- reehl-, A Maliili of limliailou should be iuiip|itl wlib piovlsloti toi nil hiiilitasis lull phiv ami ifiinuhn hiiciuiss hontsty s'loiiltl iliaiacttil/c, all govurninioi dcal- l»S»; . I .. . . ■___ Mr. Hutchinson has solel tlie^l). C. West to Swift Bins lor ifl.-IH) • .OlvM'JIAl. .NKWS. Knglneer»Wrlglit iccomiiienils$00,000 for rtlie Irnpiovement ol Sl.Josepli hnrhor, Bullalo Mils year shlppeil l,'2,')0,QuO tons ol coal anil lectilvetl 01,150,000 bushels of grain by lake. It Is said that lewci vessels will be built In New England next yefu than liavu In en built this past yeilr. Mirny slilphulhlers on the Clyde lime no¬ tified their workmen that wages will be re¬ duced lit ihe beginning ol tlie year. During "tho mouth of Nnvumtcr eighty- nine vessels entered the1 poii of Ruelne ami elglily-two cleared. 'I lie nggiegnte tonnngii of|iliose lhat entereel was J5,J0j. II: W. Vun Everv bus just completed a tfale of the steamer Hasllngs, qf Kingston,, owni'd by C. K. GllelerBlceve, to Chillies ChamUei lam, ol Torout >, fm $10,800 cash, g/l'lieelli'ectois of theSiinlhein Exposition liave ilccldeil lo hold anolhei •^position Id 188'l, the dates m be so arranged as tn nol to conflict w 1111 llie Woild'a Exposition nt New Orlcnns. An Alldlliouul fund ol *2r)0,000 will be iitlscd. The WcVllnghouse Machine Company have built soveral fast pleasure bnais foi Lake Mliinelonka and elscwhercthlss^asmi. I he boats are all fitted with the Wcaliug- liouse niailuc engine, ami have two-bladed seiewsol low pitch, Ihe engines making from 400 to 000 turns per minute. Over twelve miles pei lion) have been obtained Willi bontsonly thirty feet lefng. " The Ptisey & Jones Compniiv launched from Ibeli yuld at Wilmington, Ilel ,ou No¬ vember 27lh, a new iron twin screw piopel- ler lor the Qovernim nt ol the United States of Colombia. She is ninety feet in length, twenty-two feet beam and seven feet deplli of holch She will be supplied wilh two vei- tlcal engines, twelve-incli cylinder and twelve-Inch stroke, and hupioved steel beil- eis. Captiiln Louis Duboy, ol the barge L. B Crocker, has been missing since October 20, and Is said to have with him $150 belonging to the owners o( tlie binge. His friends fear that ho bus been foullyp^ellt wlCh, He was last seen at Hay Clly on the date given above, liiptidn Duboy wasii native of De (roll. He was a short, stout njan of-tweitty- elght years, and won- a small black mus- taclu. Dining the month of November East Sag¬ inaw shipped by waler 18,775,000 feet ol lumber and D/HJ/OO shingles. Bay Cliv shipped J8.00tl,O0U feet of lumber and 11,- JlO,0U0 shingles, 'luial sh'pments Mom Sug- InaW livci iioiii opening ul navigation to December 1, 77O.7J0 000 feet of lumhel, 31',- 050,000, pieces ot hull, and 103,051,000 shin¬ gles. Last yeai, todate1, the luinbei slilp. uienls aggiegated 858 J40.000 feet. The keel for the Hist of the three huge f'eiglit sleamers iinilei connacl al Cramp's yaid, Philadelphia, lor the Southern Devel¬ opment Company was laid hist week. Tlie vessi Is will each be.t.illlul in length 42'j leet beam iinel J0)tj letl dipilt of hold, and will have a tonnage ol tiboui 4,0U0 leuis eaib I'he) will be furnished wilh sleel hollers, bmilute conJt Using engine, steam sieerlug geai, steam winches and all the latent and most Impi oved machineiv aid appliances llie vessels will all be dellveicd bejoro the close of the coming yenr. Thev will cniry Ireighl exclusively, and will run between New York uud New Oilcans. Captain Mart Swain, who superintended the woik of raising llie |u-opeller St. Paul al Detroit, tenders Ids most slnceie thanks to Ihe elrygoods clerks, coal-licavei's, and others, tvho sokludlv aided him In the work hy suggestions and valuable remaiks. Capliriii Swalu has worked In the wlocking bushiest, oil and tin, ever since lie was old enough to amount to anything, and during that lime has reTeTtved some boats that people Btild could not No released, but lie really ucver knew anything, nboul ihe business till he i ommenced to get the St. Pluil up. He tins boon ad vised to write a hook on "Wluit I Learned* About Wrecking," but he hits ill aw u the Hue at raising sunken vessels and thinks he will ho able lo inaki a little money al thai funic now, "ihmiU to theii Kind ad¬ vice." . •» Some months ago, when diluting the Hay tlie Pacific Steam Navigation C'sninaiiy's steamship Colombia was sti uck hy lightning. The vessel wab not injuied as tin coudncloi on Hie ioietniiBt eonveved the Hash Into ihe Ben, hut the forward part of the vessel was ho povveihilly miignutlMd by tho cmieut lluit . alterations have been cflcclod. When run¬ ning on certain courses tlie compassed are untiiiBtworthy, and tho movement of the w heel is sufllcient to deflect them. Cnntnln Bass, who is now In commnnJ of the Colombia, believes the steering chains mid tho wheels they trnvel on have been piag- netl7od by tho electric win cut, and when the vessel randies Callao they will bo chunked. IUio inagnuuon honid wore all demagnetized alVd rcducetl to tho condition of ordinary Iron. The circumstance la rarest not cntlrttly nevrt and vvlll'nttrnct the attention of Benmcn. Mcssis. Hotightoii Bros, launched from their yard at Bnth, Mo., n lino Bhlii culled the Serviu. Her dlinonsloiiB nrer Length, 2M 1 feet; width, 11.1 feet; depth, 18.1 foot; height, 8 II feet. Gruss tonnage, 1,800 07 tons. The vessel Is owned hy II. L. Houghton, L. W. Houghton, P. P. Hpiighlon, S. J. Moek- pr, Armory Houghton, Gioige Mason nnd Fied Pation, all ol Bath, and E. L. Carter, ol Woolwich. She will be'commanded bv Captain David Gllmoie, of Woolwich, for- meily ol ship Samaila. The ship was built for the general trelght Hade, and will be rcaely loi sen In about two weeks This ves¬ sel has a heavy oak frnu'ie extra planked with hard plue and strongly fastened, nnd Is one of the best and strongest built ships ever launched In Bath. The lower and top masts are Set. She was coppered nn tier stocks. 3,500 sheets were used, and the work was done In five days. F11WI Sl'KAMKK U'CjUf-BEC Special Corretjioiitlcncc qf tlie Marine llecord Dfihoit, December 4. The lo,lowing extract is taking from Hie Quobee Jleiciiry Novenibei 5, 1800. "On saliirelay morning at eight .o'clock nriivtel here fioin Montieal, being her first trip, llie steamboat Accominodalion with ten passengeis. This is ibe fVI vessel of the kind lhat evt i aipeaml In lid Imihor. She Is continually ciowihd by \i-li>ns She left Montreal on Wednesday al l«f o'clock, so thai her passage vvasshcty six hours, thirty of which she wns nt anchor. She arrived nt Two Klv^rs in twenty-lour hours. Slip has at present berths for twenty passeftgers, which next year will bo considerably augmented No wind or title can slop her. Site has seveuly-tlve leet keel and la eighty- live feet on deck. The price for a passage up is $0 and $8 down, tlie vessel supplying provisions. I lie great .advantage unending a vossel so constructcirti lhat a passage may he calcttlattd on lo a etegree of certainly In point of time, « hit h cannot be Ihe casein any vessel propelled by sails only. The steamboat leceives her Impulse from an open, double ipeketl peipendlculnr wheel on each side, w Ithoiit any circular baud oi rim. To llie end ot eaeli double shaft Is fixed a siputre boaid which enters the vvtler, ■mil by Hie rotary motion of llie wheel acts like a paddle. The wheels are put and kept in motion by steam npcialltig within the vesBel. A mast Is to be fixed in her for tlie purpose ol using a sail when the wind la favorable which will occasionally uccclernte hei speed." J. W. II. ANNUAL CONVENTION OF MAHINE ENQINEKHS. James II. Heed, President of llie Murine Englucei's AbbocIbiIoii, has Issued tho fol¬ lowing call for the annual convention Sue and ilitoiurns- You are hnroby otlleilally notified Hint Hie National Marine Engineers' Beneficial Association of the United Stales .will hold ItB Ninth Annual Session In llie city of Pittsburg, Pit., on Tues¬ day, the 8th day of Januaiy, 1884. You will tlu'ruloro instruct your rop- rogciilailvc lo piesenl himself on the morn¬ ing ol Hie 8th, nt nine o'clock, at the Ceninjl Hotel, Smilhlleld Street, between Second and 'I bird Avenues—ample an augments having been made for entertainment of rop- reseuiuthes at a special rate—and hold him¬ self subject to sue ll discipline ns W. E. Kus- Bcll, Chuliman of the Beeeplleyi Committee, tuny deem expedient. In the selection of leprcsentaUves yah will ho governed by the following law, pminulgatid by tho National Association': "Assouiallons with sixty members,oi less, ait' tlnliUtd lo One icprcscntallvo, Ifovei* sixty mi'mbeis twurcpieseulutlvcs.— Joui- hnl of 1880, p. '25 " \ v "Associations with fifty or more members can not be represented hy pruxy.—Journal ol 1880, p. 25." Should you he unable to spud a iiiprcftcnta- \ tlVe, anil desire repieK'iilatlon 'by pioxy',