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•THE MARINE RECORD. err MARINE LAW. A LONGSHOREMAN'S CLAIM—A MARITIME MEN. V. S. DM.' Com I, Southern Dial. Nun York. John S. Boyle mid others vs. the brig Huttlo M. Biiln, eto.' . J. A. Hyland for libelants; Benedict,Tuft & Bondlct for the cliituinnts. Brown, Judge. Tlilt Hbcl was filed by several person* claiming wages duo them for stevedore work In unloading a cargo of logwood from the brig Hattle M. Bali), In September, 1881. The head stevedore was one McAllister, by whom moat of the libelants' were ortglnnlly emplojcd- In their behalf It Is claimed, how¬ ever, and the testimony shows, tlrat a number ! the Circassian. (1 Bon. 200); and the Kate Tremaino (5 do 00); by Sewell, J., In the 0. T. Kemp, (3 Low 4f)2), and by Deady, J., In the'Canada, (7 Fed. Rep. 110) that I hlivo nothing to add beyond what is there stated in suppoit of a stevedore's lien. In the ease Of the Thames, (10 Fed. Rep. 8-18,) this court held that a shipping broker has no Hon for services In procuring n char- ter.partv,on the ground thatjhls win clearly separable asa preliminary service lending to u maritime contract, and not of Itself a mar- Itlme service. The services ot such a brokor 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 ofthernatlcnst.bclngJntormedthutMcAllls- of a Bteyedore, which are rendered in the ter could not be trusted to "pay them, went to the Captain and told him they could not trimt McAllister, and would stop work unless tliecaptain would nee them paid; and that the captain being In basic for the dis¬ charge of theeaVgo, promised tjint he would see that they were paid. The captain ad¬ mits that on the hint 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, wiNcollateial only to the obligations ot McAJllsWrj^ind who^ did not work on the laith of the captain's promise no recovery can be had; for it wns McAllister'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 tb.elK.pay. The old law of the Consulado expressh provided that where the work¬ men knew the work w'ns done by a contnic tor by the job, the ship could not be seized (Vol. 2, Ch. ">4, $»8). The Maik Lano (13 Fed. Rep. 800 ) But the Consulado also de clares-thaUf-the-patroj) cnptahisjirironiise to pay the workmen and they woik on the faith of that, though the work be let out to n con¬ tractor by the job, that promise must be made good (Ch 54, $83 ) Where the origi¬ nal employment Is by another, and the ul- lcgoiLpromlse/bj the muster is disputed, no liability of tWeship c m^hirndniiited, unless the court in cleat 1} satisfied that the work itself was done on the laitli ot the mnsiei's piuuiise; a subsequent promise by the mas ter to see the men paid Is a mere collateial promise and insufficient In the ptjjseut caso I think this- In made out In regard to onlv live of the libelants, jind I thereloie nl- low theirms follows Oi rtit, $2 70, Boyle, $33.50; Kehoe, $11 50, John Haminill,$ 1.05, Thomas Hamniill, $1.95, and disallow the others. The other defense is that no Hen exists for stevedores' services, on the ground that the service Is not a maritime service. That win formerly the rule lollowed In this dis¬ trict.- It is not to be denied that the su¬ premo court has sanctioned a moiq enhuged view of what Is comprehended under a mar¬ itime service than that which former!} pie- vailed In this country. In Insurance Co. \s Dunham (11 Wall, 2h) the courtsavs "Aa to contracts It has been equally well Bottled that the English rule, which concedes juris¬ diction, with a few exceptions, only to con¬ tracts made upon the sen, and to be executed thereon, making locality the test, In entirely Inadmlssable, and that the tine irilerloii Is the nature and subject matter of the con¬ tract, as whether It wnsa maritime contract, having reference to maritime service oi mar¬ itime transactions " I The ship Is bound to make proper stowage aud proper dlschaigcot the cargo; lot an\ breach of duty In elthci the ship is liable and a maritime lien ailscs; buause the obli¬ gation is maritime. hultB lor the enforce¬ ment ot liens ailhlng from the bleach of these obligations are ol friqueuto.cuirence, and there is no dispute either as to the lien In such cases oras to theniailtlmecharacter of the thip's obligatlonfproperly to stow mid discharge cargo. But It the ship's ob¬ ligation Is maritime, the service rendered to the ship in discharging that obligation-must be maritime als'o. In the language of the supreme mint It "has reference" exclusive¬ ly "to a maritime transaction." Every ser¬ vice icnilercil to the bhip in discharging hei own maritime obligations must be" he'd to be. . marltimed; and If the vessel is in a foreign, port, give a maritime Hen lor such seivlce. The subject has been so fully discussed*) Choato, J. In the caeo ol tho brig Wlude- mere (2 Fed.. Kep. 722); by Benedict, J., In | discharge of a maritime obligation. Entei talnlng no doubt that stevedores' services me mailtimV within tin definition ot the supremecoiirt, the Hen to which they, who rendered such seivlces, aio justly en¬ titled, by the general principles o( marine law, should no longer be denied them j/vhen the services me lendcred, as In this case, to a foreign vessel. The libelants are, thcie- tore, entitled to a deciee for the amounts above specified, hut as the case Is the first In which this Hen hub been dlu'ctly allowed in this district, It will he without costs, except theTderk's and mai shal's fees. May 21,1864. LIBH. lOIt DEMURRAGE. L'mteil States Dmlncl Comt, lioston. Main Nelson, J —Libel for demurrage caused by the obstruction of Charles river in repair¬ ing Warren bridge. The libelant Is master of the schooiiei Elizabeth S. Lee, and alleged that the schooner, haviug on board a cargo of*oiil, was prevented from proceeding up the/tlmrles river to the diaries river wharf, by The acts of the deleudunt Inclosing the navigation ol tho river. The dtlendnnts, Young, Rjan, Haves & Co., are contractor, who were employed by the city of Boston to relmii Nairou. bridge. They closed the river hum Septembei 27 to the 20th, and con¬ tended they were authorized In doing so un tier an ict of the legislature (chaptei 140 of the act-, ol 1833,) and the llcei.se of the harjbor commlalirnncrs, I he cafe washeaid some time sii>u,mid 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 tile eity of Boston to make the changes In the drawer ol Wairen 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 wus lawful, and there was no claim .against the city oi contractors on account of the necessary delay in relaying tho syphon. It was tuither held that, If under the statute, the consent of thehaihoi commlssloneis was necessary, the action ot 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. I'. Wulcott tor the libelant, and D. B. Gove and J. M Gove for tho defendants. I GENERAL NF.WS. An Intor-Ocoan correspondent predicts that before many years Fargo will be n city of 100,000 Inhabitant*. St. Paul and Min¬ neapolis should, according to tholr taotles towards Duluth, prueoctf at once toklllolT tho upstart Dakota town. The steamor Corslcan, of the mall line, will run lrom Presoott to Torpnto, con nectlng at tho foi mcr place with the Cult! vateur for Montreal, until tho PasaporiW ready to take her place on the lino. Tho latter Is being fitted with a now engine frame atSorol. In the Houso oommlttao of thew hole on the river and harbor bill. Mr. May bury called attention of the committee to tho necessity of prosecuting to completion the work ot Improving tjio Detroit river, but was unsuccessful In his eflorts to have the ap¬ propriation foi that river Increased from »100,000 10 $227,000. Accoidlng to figures obtained from the Custom H'oute, as shovVn by clearances, theie were shipped from Oscoda during dtay 28,- 700,000 feet of lumber, 095,000 lath, and 10,- 800 cedar posts. These figures do nqt show the full amount of shipping, as considerable was taken away by boats which get their clearances from < hlcago thiough to theli distillations, and put on pa it of a fond at Oscoda without teportlng to the custom house. Tith secretary of the Montreal corn ex¬ change on Monday lecelved olllehihlotltlcu- tlon 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 bo neither expedient nor proper to ai.opt a new policy of total abolition of tolls without the authority of Parliament. In order, however, to meot the view of shippers and forwarders concerned. n reduction wus made for the present season ot navigation only of the existing tolls from 20 cents to 10 cents a ton on wheat, Indian corn, outs, barloy and rye shipped for Mon¬ treal or any other Canadian port east of Montreal. Dining the month of May 529 vessels passed through the St. Mary1* Falls Cminl, lujrgiegutlng 300,387 tons. These bouts curried 8,379 passengers and 297,003 tons of freight, as follows; octal, 102,125 tons, copper, 4,101 tons, Hour, 113,298 bairels; iron ore, 8.1,054 tons; wheat, 1,593,045 bushels. These tlgureS Indicate Un mormons advance over the cor- lesponding month ol lastyeai. In the item of registeied tonnage there is an advance ol 182, ,425 tons; in freight, 115,500 tons; In pas- sengcrs, 5,005. Never has a season opened so auspiciously as tho present. Mr. Jackson, tho. statistician of the canal, says tho business for this ono month was grentor than lor any one yoai before 1803. which was eight or nine years alter the canal was first built. Such u eompailson show.s the euormour growth of the Lukq. Superior commerce, and the in¬ crease over the corresponding month of lust year shows the rate ol pi ogress. CROSS HULLS I OK LOLIISIO.V David E. Mayo and others vs. tho schooner .Vniiiula, John C. Ferguson and otheis vs- the barque 1. K. Weldon. Cioss libels for collision between the schooner Annlola and the bin que |1'. K. Weldon, on the evening of Wednesday., February 28, 1883, near Tar¬ paulin Cove In Vineyard hound. It appeared In evidence that, as they uppicached each other, neither vessel changed its course, and both claimed to have been close-hauled and to have the right of vv ay. The Judge de elded that the bin que wus the only vessel close huulud and hud the light of way, and that the Anulola was at least two points free, mid should have avoided the barque, and was alone responsible for the collision. I" the libel against the Anulola, the decree wus accordingly for the libelants, and In the libel against the barque was dismissed. F. Dodge fortheT. K. Weldon,.Ml. Ball for the Annlola. The steumer Rothesay wus launched on the 11th and taken to Ogdonsburg. Clina. Goriill, lute second engineer on the propeller Celtic, has incepted the position of flint engineer on the piopcller Lirko Ontario CHEAP EXCURSION TO'IHE OCEAN. On July 5th,0th 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 Chiitauqua, Ni¬ agara Fulls, the Thousand Islands, i lipids of the St. Lawrence Montreal,Quebec and tho White Mountains. Tho choice of the routes Is given, going aud 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. The rate from Cleve¬ land will bo but $22 for the lound trip. This low rate should be largely taken ad¬ vantage of, for surely a moie beautiful trip than la nflorded by this eitcursoii, embruo- lug more points ol lntciest, or reaching a quarter where tho tempeiuture is so cool and refreshing?* ould not he takeli. 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, tho ontlre crew assembled-In the after cabin, aud Captain Prlndevllle, In behalf of the ofllcors and men, presented Mr. Kenny with a large floinl horsoshoo, composed of the choicest and most beautiful cut flowers as an evidence of the esteem In which ho was held by his associates. The iculplent, after recovkTtwg from his surprise, responded with a bilei speech of thanks. Mi Kenny is the oldest clerk on the Hue, and Is very popular with his Bhlpmatos mid the travel* lug public,—Eeauwi H'ncouiix. - LITERARY NOTICES. Haiifkr's MAOAiriNa for July, In Its 11(4.' mure and Its Illustrations, Is a mirror of the summer world. In Its opening artlolowe nro transported to tho valley of tho Nllo, Dr. Morltz Bneoh takes us to Prlnoe Bb> mirek'B favorite haunts—tils' Pomeranlin home. From tho forests of Germany, Will, lam Black, In his "Judith Shakespeare" takes us to the summer Holds of the Avon where Judith meets her lover. 'Chen Mr' Roe's novej, "Nature's Serial Stary," brings us home again to the banks of the Hudson Mr. Dlelmun's lull-page picture, ".Watchlni! the Swarm," and Mr. Gibson's picture of "The Last Load," also a full-page llluatra. tion, reach to about iho highest level y«t m. tallied In .American drawing or engraving The "Summer Retorts of the St. J,av£ rence." nre beuutllully dosorlbed. The "An- proaches to Now York" la a flnolv Illustrat¬ ed at tide. With the chapter on "Old Hick- ory"—Illustrated by full-page portraits ot Andrew JackBotiJind Daniel Webster—Col- onol Higglnson concludes his interesting Aaieilciin History Berles. G. Pomeioy Kocic contributes a timely article on "Beef—from the Range to tho Shambles.". This nttmbor -contains eleven full-page engravings. In the July Century, the frontispiece Is un engraving from a full-length pohtograph of John 'Bright, accompanying a careful and discriminating estimate, bj\T. H. S. Eaeott, editor of the "Fortnlglilly Revtow." The Scenes ot Huvvtbornil's -Romonces" ufe described In a chatty waV, with perti¬ nent quotations, by Julian Huwthorno. The '•Cruise of tho Allcu May," by 8. G. VV. Benjamin, Is completed In "Crttlslnj; mound Cape Bieton," foi which Burns makes the drawings. In fiction this ntiinbei is panic ulurl} strong. Frank R. Stockton has one of his Inimitable stories, "The Reversible Landscape," and Miss Julia P. Whiting wrltoB u pathetic New England love-story; besldo Installments of G. W. Cable's "Dr. Sevier," and the conclusion oV'Ltidy Bnrber Inn," by Henry James, In vv hlch there Is ar elopement, J5x President__Theodore _D. Woolsey has ji Biiggestlve essay on "Acca- demlcal Degiecs." Eugene V. Smulley has a brief bui comprehensive and popular lie count,of the wm kings of the United States patent olllcc. In ' Topics ol the Time" are • editorials on "The Advertising Power of a Good Name," "Dishonesty In Commerce and Pijlltlcs," 'Open Letters" contains brief popular essays and sketches of "Recent American Poetry." The Atlantic foi July opens with u cup- till stlort story by W. H. Bishop, It Is en¬ titled "Choy Susan," and relates graphically Pacific coast adventures and love-making, and its interest Is much increased by the In¬ troduction of a Mormon girl. Dr. Mitchell's oxc client seilal "In War Time," progressei satisfactorily, and will be, when completed, an unusually good and readable novel. Mrs. E. D. R. Blanclardl describes "The Haunts of Galileo." The classic article Is by >ViIf lum C. Lawton, "j'ho Underworld In Ho¬ mer, Virgil, and Dlmte." O. H. Durwanl contributes a sTrlklng story, "Beaten bv« Giaour." Harriet Wnteis Preston Jn "The Goltpel of Defeat" writes of Amlcl, Seiinii- coilr (author of "Oberman"), and Blrnn Bradford Torrey has a charming out-door paper on "Bird-Gazing in the White Moun¬ tains," A. F. Matthews writes of "Chimes, and How thev are Rung " Houghton, Mlf- llin & Co., Boston. ~St. Nicholas for July is a brilliant "Fourth ol July" number, which should arouse the interest and enthusiasm of every patriotic American girl and boy., The num¬ ber opons with "HovV tho Tories broke up 'Mooting,'" by Emma Demerrltt. "A Fourth of July among the Indians." An Interesting and valuable contribution Is the story of Richard Lord Jones, "The Yoiiuir- est Soldier of the Revolution," by W. W Crannoll. Of timely Interest and Import ance is Charles Barnard's graphic and accu¬ rate account Ot "Tho Burtholdl Statute,' the grout Liberty that soon Is to stand on Bedloe's Island, New York harbor. Of the serials, J. T. Trovvbrfdgo's "The Scarlet Tanagor," ends with an Interesting denoue¬ ment; "Marvin and Ills Boy Hunters," P«s» through many entertaining adventures, ami Louisa M. Alcott contributes a "SplnnlnK- wheel Story" of healthttil and helpful sig¬ nificance to hoats of American girls. In ao • dltlon to u well-executed frontispiece by Alfred Kappes, there ine many beautiful Il¬ lustrations by other well-known aitists H-J. Jamos, of Ashland, has had a largo ctow of men at work gottlng tho ongbj1. holler, and other maohlnoiy out ol tl|<! steamer Oiaukec, which sunk In heavj northeast storm near the month of V'V' river. Nearly all the machinery has bei.ii taken into Ashland and deposited on t"-' Union Mill Company's docks, where It win await the building of u new hull for II. >"• James Is rushing the woik (in the new he' with all possible speed.