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THE MARINE RECORD. - MARINE LAW. BAD TOWAOE--DAMAUE TnilOUOIl CAnBT.ESB- NKflfl—A DECISION IN FAVOR OE THE NOIt- « EOIAN HARK 8101111). Untteil States Dtttrtat Coutt, PhttaiMpUtu. Tho libel ol Captain JosofHannevlg, mini' terof the Norwegian bark Slgrld, nttulnxt the owners of tho steam tup; Argus, of Phil¬ adelphia, was sustained by Judge Butler In the United States district court of that city, on Juno 18th, and the judge appointed Hen¬ ry G. Ward, Esq., an commissioner, who will take testimony to ascertain the amount of pecuniary damages tho bark has unstained. Thfl olalm which the bark made against " the Argils foots up f3,SQ0, but the exact' amount which the owners of the tug will be finally called upon to pay is a matter which can only be stated • whoh Mr. tVar'd makes his report. 'I lie complaint of the nulling vessel, as set forth by her counsel, Onirics Gibbons, Jr., Esq , was as follows: '1 lit) Sigrld arrived at the capos of the Del¬ aware on the !)th of March, 1883, with a ear-1 go ol BUgsr fi/im Matnnzas for Philadelphia. She came to anchor In the buy and the next day engaged the Argus to ton lier'to Phila¬ delphia and dock her at her wharf foi j$80 At •-' o'clock on the moinlngof the 11th the tug came along»ideof the bark and took tho bark's hawser to assist liertn weighing an¬ chor. The tun so negligently and ciuelessly mill Island. No nttonipt was made by those In cluirgo of tho hark to prevent her getting aground, by casting anchor, or otherwise. Tho burden of pioof Is upon tho bark to Sat¬ isfy the court that the grounding would not have occurred but for tjlie negligence of the tug'. It was the duty of the bark tp httvo sufficient and adequate lines Immediately >avallablo for tho sorvltfo and properly made fa'stjo thp bark. Falling In such' precau¬ tions tho bark can not recover, and beside tlrts, sho' ought to liavo dropped anchor. Tho docking was under the control of the pilot, who was the servant of tho bark, and his nSgllgonce was her negligence. Judge Butlor, In deciding In favor of the bark, said: --- "It Is difficult to reach a satisfactory con¬ clusion In this case. The testimony la Irro- conclllnble throughout. On eVery material point the witnesses are at variance. Under such circumstances it Is especially necessary to nbseno where tho burden ot proof-tests. "It was the respondent's duty to know his capability tor tho service and to ascertain in advance the sufficiency of his lines and at¬ tachments. To attempt docking tho bark without this was negligence. Tho tact that the lines wero furnished by the bark does not iclleve him of his duty, or any part of It. He best understood tho necBusltlcs of the oc¬ casion, aud the responsibility of passing judgment on all the necessaiy appliances the line was allowed to sink and tloat under the bark, For the Injury thus caused the tug Is not responsible Notwithstanding the mistake and consequent necessity for haul¬ ing and dolaylng tho tug, the Injury might have been avoided by taking the Hue In on the bark as It slackened, and that should have boon done." performed this part of her services that she. I for th« wotk he undertook was upon him fouled the liawsei, n new One, aioiind tlic| If the sufficiency of lines wag open to doubt auchoisof the bark and cut It in many places. In addition, she brought n attain with the hawser across the headgear of the hark befotc the anchor was broken out of the ground, and the liobstay uml lack-rope w ere Harried iiwiij After the anchois were atteigh the tug proceeded up the river with the bark in tow. \\ hen she arrived off tho coal wharves at Giceiiulcli Point she tried to dock the bout at Moro Phillip's wharf, but failed. At this time the tug was made last to the starboard side of the bark. The tug went ahead again, missed the berth again, and backed out into tho river. This v> as repeated three- times without success, and Anally, Captain David Hullengor, of the tug, who was superintending the docking of the bark, oidered the tug astern once more, v. Iiich was dime with such speed that, before the tug reversed her engines to again go ahead, she had towed the haik hard aground on the bar of Windmill Island, notwithstand¬ ing the warning of the pilot as to the -danger In which he was placing the bark. After the bark grounded the tide and wind swung her bead down the rl\ei, and she lay broad¬ side on the bar during two low tides. These tides tell very low, the bark was high out o< the water, and her weight caused the break¬ ing of her knees and timbcis. The biuk was obliged to go upon the drydock for re¬ pairs, her copper was stripped oil and it was tound that the. had sustained very serious damages, which cost $2,700, beside the loss of eleven clays, The owners of the tug wore notified of the accident but paid no attention to it. The bark was a stranger in Philadel¬ phia, but Philadelphia was the home poitof the tug Tho tug is liable loi these expenses. When u tug engages to tow n vessel Into port she is bound toeieiclse leasonnblo skill and care In everything iclatlngtfl the work, and this the Argus did not do. And she Is also bound to know the channel of Iter home port, aud whether, In the state ol wind and w ater, it is sale to attempt to enter w iih the tow. Henry It. Edmunds, Esq., for the- tug Upon tho arrival ol the biuk (it Moro Phil lip's wharf the wind was blowing strong ftom the northwest and the tide running strong ebb; the tug was on tho Btarboard side of the bark, wlilch luinlshed-thc tow- line. These lines vveie made fast on the tug by those In charge of the. tug, and on the bark by those In charge of the bark, under the supervision of the pilot. - The man at the bark's wheel put his helm the wrong way and the tlrst attempt was not success¬ ful. When the seconrtNattbmpt win made It was tound tho Hues furnished by the bark were inadequate, considering the wind, weather, and size of the vessel, and wero so Improperly made fast by lior ofllcors and crew that they "rondered" around tho bits or chocks, aud colore the bark got out other lines, or made those already out secure, tho wind had driven aud the tide dilfted the he should have demanded others. He could not take ilska or tiy experiments. "Whether, llieielore, an inference of neg¬ ligence or incompetency does, or does not, arise from the fact that die respondent failed to dock the bark aud grounded her outside, this fact taken In connection with tho evi¬ dence of the several awkward approaches to the dock, and the Until retreat to, or near, shoal water, should certainly be held to sup¬ port such an Inference. Tho burden of ex¬ culpating himsolf must therefore be regard¬ ed as upon the respondent. "I do not purpose to dlscuBS the evidence It is sufficient to any that I do not IInd any¬ thing in the state ot tho weather or tide, tiio condition of the lines, nor In' any other matter of excuse set up. to repel this Infer¬ ence of negligence. The weather did not materially change nftei the respondent mi- del took tills service, and it Was Ills'duty to calculate In advance Its Influence ns well as the tide. I do not believe, however,, that cither tho we.uhcr or the tide presented a serfoiiB obstacle. Nor am I Satisfied that tho hawsei was Insiilllclent.or that It "rend J ered' upon tho bark. If it was insufficient, however, I lepeat, the respondent should have seen to this in time to avoid danger. To the allegation that It 'rendered' tho same answer Is pertinent. Surely Ire should liavo dlscoveicd this before making the second at¬ tempt— if the rendorlng was mateilul. No allusion to this excuse is founds In the an¬ swer. The respondent was on board tho bark and In virtual command there, us well ae on the tug, at the time, and must be hold responsible acco'dlngly. lie best undei- stood the difficulties and demands of the oc¬ casion, and should have In en vigilant 111 providing toi them. Alter his failure, If tire balk's anchor should not have been dropped, he should have commanded, or at least, have suggested it The mastei of the bulk was n stranger in the river and had a right to do-1 pond upon tho tug. I do not find anything to justify a belief that tho bark's wheel waa tinned the wrong way The suggestion Is extremely Improbable Such a mistake would bo oxtraoidluaiy. With an observ¬ ance of tho eaio required on such an occa¬ sion I think the bark would have been docked on the tlrst ellort and the giouudlng avoided. For tho damage which resulted from tho grounding the respondent must be* held accountable. Tho claim presented may be highly exaggerated, as Is not unusual In such cases. This, however, is a subjoet for further Inquiry. ' "The claim for chafing the hawser down the river I am not satisfied to allow. "that the tug performed the extraordinary inanoouvors ascrlbod to lior, there, and thus caused the Injury, I cannot believe. The bark was mistaken in the extont of anchor chain out, and misled the tug regal ding It. The tug win) oidered forward ami, In con sequence of the mistake, haltod and delayed. ACTION I'OIt DEMUMUOE. An Interestlngaotlon for demurrage, which ■Is <ii especial uitorcst to Chicago readers In vlow of the many suits of the same nature which aro threatened to be brought In the courts Uiore, has boon decided recently In tho United States Court In Milwaukee. The owners of the vessels whloh were delayed were awarded choir full claims. A'ho follow¬ ing Is a synopsis Of Judge-Byers decision: "Henry. A. Hawgood and Waldo A.Avery 1,310 tons ofonal lately ladened on board sundry coal barges. A. Pugh, claimant. ' This day came the parties by their proctoi s, and on consideration of tho pleadings and proofs In this cause, and the arguments of counsel thereon, It isordored, adjudged, and decreed by the Court that the demand of the libelants, as set forth in thett libel against the 1,310 tons of coal therein mentioned, Is founded on a cause ol demurrage, civil and maritime, mid Is valid against said coal, and that the amount justly due the said libelants on account of such domurage Is the sum of »l,33l! and $107,5OJ merest thereon from tho 0th day of .September, A. D. 1882, the date of filing the libel in this cause, to this date, amounting In nil to the sum of $1,500,40. And It is further oidered, adjudged, and decreed that the libelants dp have and re¬ cover of A. PftghTclainiant of said coal, and George A. Hatfield, E. R. Paine, Horatio Pratt, James O. Parker, and A. A. Albright, his sureties, the said gum of $1,506 40 togcthei w lib thcil costs about ilielr said BUlt In this behall expended, taxed at $200.- 10, and that the said libelants have execu¬ tion therefor " Tho vessel in question was the steambargo Belle Cross, and her conaoits Chicago board ol Tiade, Little Jake and .3. Clement. FAUl'S FROM DULUI'H. bark ou the shoal on the lower end of Wind. | Tiio wind and tide forced hei' back, whereby AFLOAT AT LAST. The following account of tho raising of the Oneida from "On the St. Lawrence," Ifl- sueof July 1st, will be read with interest: After months of patient, hard labor, disap¬ pointments, and unsparing censure, Messrs. Backer A Youngs have triumphed and the pinpoller Oneida again floats. Eaily last Friday morning tho tug Curlew and st> am yiiclit Haselton took their places beside the | sunken boat. Connection of steam pipes vero made and the pumps started. The huge volumes of water, us they left the hold so long held captive by them, left a vacuum which could only be lilted by buojant air. The work of calking had been successfully done. Slowly, as If raising from a long) slumbei, the old boat began to shake oft the lethaigy that bound her, and rise from her bed In tho river. News of the good fortune attondlng this last attempt wiib quickly spread and tho people began to gather. Nearly a hundred skills, loaded with people, clustered about the scene of operation, while large numbers gathered on the snore At 3 o'clock she floatid, mid a moment later Mr. Backer boarded Ibe iliisoltou and started foi Fisliei's Lauding to telegraph to Dimlck & Bro. that their hopes had been realized and the Oneida had boon saved. The Oneida now lies on the opposite side of the channel In a quiet bay, the same in which tho pro¬ peller Ackrou wasbiirned. As soon as some repairs are made she will he brought to this port and afterward taken to Buffalo for 10- palrs. We doubt not that she will pass and ropass the scene of her dlsastei many times before tho close of the season of 188-1. A full measure of cicdit Is due to Messrs. Backer & Youngs for their great work It needs but a glance at the battening down In the engine room'to convince the nipst care¬ less observer that ji work of jio ordinury na¬ ture has been done under the moBt untoward circumstances. Your reporter picked his way through tho thiok slime to this spot, and after looking at the work done under thirty feet of water as cold ai December or January ot last winter could make It, the joints closely lilted and the canvas drawn without a wrinkle in darkness dense as midnight, ho came to the conclusion that Dimlck <s Bro, ot Buffalo chose wisely whon tliuy com¬ mitted this work to the hands of Mossis. Backer it Youngs. The pumps used were I powerful machines from tho loundry of, Heiild, Slseo & Co., Baldwlnsvllle, N. Y. A glance sufficed to show that they were all that could be claimed foi them. THE HUM. OF THE WINNIPEG—OIUIN pKM. PKOT8—WOniC OP THE OIUMDEn OK COM. MERCR—A VOTlC OF TUAWC8. SjHOial c'orrMjwnaViiCfl (tftht Marin* Rttord Duluth, July ,'i, It Is'How Plated positively, though for the twentieth time, that the hull of the 111 luted Winnipeg, Is to bo .rained this summer. Mr, Harvey Is hero expecting to recovor tho re. wains of his brothor who died In her. Mr, Harvey's theory, that (he remains of many moro bodies than Is now generally believed will be found In her w hen raised, Is rather wild. Tho writer was at the fire from the first and It can be stated positively that only the three who wore caught accidentally, one be¬ low, lint] tho othoni who were overtaken in sleep, suffered death on her. All the passen¬ gers were aroused in time. There has been shipped to Buffalo from hero only 160,327 bushels of wheat during the past week, at 3 cents. The old crop Is pretty well used up and there will be hut little moro activity In (.lie grain trade until tho fall crop coineB In, wlilch, from the present outlook, promises to bo abundant. There 1b nearly If not quite its much Minneapolis flour coming to Diiluth as formeily In spite of the Tianslt Line en¬ tanglement. It is mostly consigned to the Grand Trui.k via. Boutty's steamers to Sarnia. The Chamber of Commerce met last Fri¬ day aud beard the leport of the special com¬ mittee on Duliilh harbor improvements (a copy oI which is herewith mailed) According to this leport, which was accepted and adopted, and a copy of which will he for¬ warded to the chief ol engineers at Wash¬ ington, there is certainly "something rotten In Denmaik" In our harbor business, riot on¬ ly as to the original recommendations by the engineer in charge, but as to the waj the appropriations, when made, have been used. The report of the committee Is so plain that it will probably lead to an investigation which cannot do the port of Duluth any liaim, and the lecominendatlon that adver¬ tisements for bids for dredging be made in lake papers instead of exclusively in one in¬ land paper, wheie there are no dredge- plants, if followed, must be the means of some good. Among other things that the Chamber of Commerce did at the last meeting was to ex tend a vote of thanks to the Marine Record for its able and generous championship ol Duluth in the customs consolidation matter, now before Congress, and which has beeli vertually disposed of at this session by the rejection of the House amendment to the legislative appropriation bill by the Senate. It was also ordered that a copy of the Ma¬ rine Record be subscribed tor, tor the use ol the Chamber. B, The Ogdensbuig News prints the follow¬ ing pertinent letter, evidently iTotn a skip¬ per who knows what he Is talking about. "In coming down the river St. Lawrence in a steamer, u few days ago, from Cape Vin¬ cent, I noticed that one of the black buoys on the feather bed shoal laid almost flat on the water, and appaiently out of Its place. There is a channel between that shoal and Carlton Island, with five fathoms of water In It, and the buoys ought to be [-placed In as close proxlmltv to that channel as possible, and those in charge should see to it that the buoys are put in their proper places. 'I ho oil tender and buoy setter, Hayes, comes dqwn on this liver a couple ot trips dining the season and returns as fast lis hei steam power will allow, to tho Wei- land canal and Lake Erie, where her head¬ quarter aie bbe might enquire into what actually Is needed on Lake Ontario and river St. Lawrence In the way ol buoys and lights, and not be snuiurh In a hurry " TIIK FORT ERIE FERRY. A incotlng ot the special committee ap¬ pointed by the common council to comer with a committee fiom Fort Erie In regard to the ferry facilities between Buffalo anil »?. ^"6 llold jesterdny afternoon Alderman Parsons actedas chairman. 1 lie meeting was attended by tho members of ™'h committees, the owners of tho ferry, am Mr.'E. C. Hawks, representing tho Ca¬ nalons. Ihoro was considerable discussion ot tho mattei by all sides. On behalf of the committee from Fort Itrle an extract of a petition presented to the governor gonoral of Canada, as adopted by tiIT"?"-,^ Fort Erl0. ww submitted. *l. ki °.u Erle couno11 wl*he» a ferry «' double the capacity of the present One, and dcslrea to advertise for bids for leasing the ferry privileges. It Is stated that the Cana¬ dians have full power to control the ferry pi,lv egos. Iho question having arisen as to whether the elty had tho same power, City- Attorney Hennlg was asked for his opinion. He submitted a written opinion, In whloh ho says that the city has full powei to establish anil regulate ferries between the two points mo Canadians wish the boat to begin running ,,t six o'clock In the morning and a rot m trip to be made ovory twenty minutes until eight o'clock in the evening, and a round trlpewry hour IrOni eight o'clock un¬ til eleven—ltuf,,/,, K,,,ria*t MlJ i,t.