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THE MARINE KECOKD. MARINE LAW. lIAllIIOIt VASTI'llS) ' . # Couit of Common l'lfui, iVci" 1'oiA.—-Otmeini Tom. ChoBlor S. Cole, lis Captain of tlio Poitof New York, against Michael Mahonoy.— Appeal Iron) an mder ot the general term of the olty court iilllrmlngu judgment entcrid upon 11 verdict lit trml turni. On Mny 8, 188.', the untinl boiitt^uin lying at a curtiiln bulkhead In thVporl'of New York, in clinr^e ol the defendant Mahoncyr On that day one of the harbor masters of said port ordorejl Mahoney to re¬ move the boat irotti the plane at which she was stationed. He ret used and neglected to obey Bald order, 'llie plnintltl then bruiighi this action, aeltlng up In his complaint the facts above stated, that the defendant llieic- by became liable to him In the mm pt $50, according to the provisions ol the laws ol the Stato ol New Yoik In such case made and provided. The delendent, by his tuiBwer, admitted that tlic boat, was In his chuige at the time and place above staled, and that he was then discharging his cargo therelrom by authority of one ol the harbor masters of said port. Issue una joined upon the plead¬ ings and a trial had which resulted In a ver¬ dict in favor ol the plaintlt), Iroui which ap¬ peal is taken. The act of 1S02 (chap 487) In regard to the harbor motors Is general in its character, nndJsliot limited to eases where other ves¬ sels require to be immediately accommodated in receiving or discharging cm goes They have power to act summarily, and their duty in this respect may be considered a necessary police regulation llie statute contemplates prompt and decisive action. Larremorc, J.—A-t the comiuencnient of the trial the defendant moved to dismiss the complaint "as not staling facts sufficient to constitute a causo ol action," and upon the further ground that the statute under which it was brought was not properly pleaded. The motion w as denied and the defendant .excepted. In this there was uo eiror, for the court was bound to take judicial notice of chapter 487 of the taws of 1802. The judge stipulated llie question ofBct to the jury whether or nut the plalnllll showed or exhibited to the defendant a copy ol (be law above reierred to, as required by the IGth section thWof, and to the charge upon such submission no exception was taken. The main contention at the trial and upon this appeal relates to the construction to be given to section "ol the act above mentioned. Section 7 provides that "Each harbor niastei shall have power within the district assigned to him, to provide and assign suitable lie coinmodations lor all ships and i easels and regulate them in the stations they arc to occupy at the wharves or in the blieutn, and to remove trotn time to time such vessels its are not cmplojed In receiving or discharging their cargoes, to make loom lor such utheis as require to be liumcillalely accommodated for the purpose ol receiving or discbuiglng their cargoes, and shall have powei to de¬ termined us to the tact ol their being lulily and in good ltili.li employed receiving or dischiiring their cargoes, and shull have the uuthoritj to determine hou fai'und In what instance it is I he duty of the master and others having charge of ships and vessels to accommodate each other In tlieii respective situations, aud If any muster or any person liavingcliargeofuny vessel, canal bom, barge in lighter, shall refuse or neglect to remove his vessel, canal boat, bulge or lighter when Ordered to do so by the Captain ot the Tot t or by the harbor master, or shall resist or lorcibly oppose said ofllccrs in the discharge of their duties, such master or person so re¬ fusing, neglecting, resisting or opposing, shall lor every such ollonse, torfeit and pay the sum of fifty dollars, to bo recovered with costs of suit by and in the name ol the Cap¬ tain of the Port, before any court having cognizance thereof. - It was held by this coarl, In Adnuis vs. Fuimer(l E I), Smith, !>88,) under an ■ct similar to the one in question, that the power given by the statute to haibor masters Is general In character aud not limited to cases v. heie other vessels requite to be lm- medlutel) accommodated in receivingor tils charging cargoes. Thut a harbor master should have power to, act summarily Is evident trom the language of the statute, Ills dtity In this respect may bo considered a ncccisary police regulation. If In any or every case the validity nf his action aliou|d1lrstbe tried mid determined by a Jury, the very object ol the statute might bo defeated on account ol the delay Incident to such litigation. The statute cnnteilipliitep pionipt and decisive action In tho cases fui n lilcli It provides bj the ofllcor Intrusted with the performance of Its duties, ho is II lie shall exceed or abuse Ills authority amendable to the law like any oilier public ofllccr. The statute gives him Jurisdiction find inquires hint to decide upon the veiy facts which the appellant contends should have been submitted to the jury. (Cole vs. Kelly, I City Ct. Hep. 400 ) I have not overlooked thecaseofHooflvs. Soiinnin yi8 Superior court Rep., u"2.) The Special Term of that court sustained an hi- junction petirfrate hu upon the giound that It did not upptni I hut there.was any impend¬ ing necessity oi application for tho immedi¬ ate use of the pier nheio the Moating bath was located by written porpiission of the de¬ partment of docks. Assuming, as the court llcli), that liarboi musters are ofllceis ol limited Jurisdiction, aud can only, ex- ciciso such powers us are expressly given, yel in the (use at bar, the statute expressly sit) s that Biich officers miiv remove vessels not employed c , and make loom for otheis, and shull huvo power to detet mine tho facto! good luith as to receiving and dlschuiglng cargoes. There was no evidence of the ex- eielso ol any arbitrary power, but onlj that which the statute expressly conferred. Tho repeat of the act of 1802 cannot affect the rights vested by u pi lor judgment with out a saving clause to that effect (Church vs. Rhodes, 0 How., 281, Hurting vs The People, 22 A. Y.,'.)">.) The case last cited points out the distinction of the effect ol an (.spout facto law between a criminal pro¬ ceeding upon a writ of error and a review upon un appeal of an notion.under flie Code. In the latter case it was held that the judg¬ ment reviewed was controlled by the law as It stood when such judgment was pio- nounced. The other objections in the case do not ap¬ pear to linve'beeii well taken) and the judg¬ ment should be uUlimed, with costs. J. V Daly & Van Hocsen, .IJ.,concur. IIviand & Zlibrlskle for appellant; Good rich, Oeady & Piatt for respondent. Filed May 22,1884. and got ready for a dlvo In two minutes With two men to turn tho propelling appa-' ii.lus and one to ateer.ho plunged under tho water and started ahead. In.aeven mlnutea he rose to' tho surface, lulvlng traversed n dlBtuneo of BOO yards In that time. When ho wont down a second time ho turned tho boat around, backed It, and suspended it at various depths with ease. Iliivlug placed In hui a heavy copper globe, one loqt In dlum- etci, tilled with compressed all, at a pres¬ sure of 200 atmosphores, lie iiguiii went be- 16w thoBiirtucoot the water eaily In August. Alter he had been down ojic' hour and lorly minutes lie began using tho ie.servo of.nir in HAILING 'HIE VVATKK. Not many sailois visit the patent office, and patent olllee reports are not found In the collection ol books called ship's libraries, but sailors and the general public would be greatly Interested it they could Bee models ol the many queer devices that have beon Invented to aid in the navigation of tho sea. 'I he Improvements in ships which have finally culminated In the clipper steamship America, and the ocean greyhounds Oregon and Alaska, have been made, in many in¬ stances, by men who knew little or nothing ol seafaring mutleis The inventors have succeeded in spite ol the active opposition or the passive lnditleiencn of practical men, hut in doing so they have sunk u great deal ol money in expeilmentsthiitpinved worth¬ less or nrcmatuip Perhaps alter nil the most singular feutuic of the liistorv of steam¬ boat Improvement Is not so much In the queei devh es of the inventors as In the lack of attention which genuine Improvements have attracted. The HUB I SUCCESSFUL AMKIUON STEAJUIIOAT was built from deslgiiB by John Fltoh, a na¬ tive ol Pennsylvania, who was nehher ship¬ builder nor sailor, and this boat ran as u piiBsenger Bluinnbciut In the Bumuici ol 171)0, between Philadelphia apd Trenton, making reguhii trips, but at the end of the season she was laid up, and wns not again psert, be¬ cause the margin of profit was bo small. It was seventeen years theieufter boforo Ful¬ ton mudu a success of the Clermont on tho Hudson. Not less singular than this long period in which a practical idea was dormant is llie lack of attention that has been given to one of Fulton's Inventions In 1801 Fulton, who, like Fitch, win a Peunsylvanlan, was at BreBt experimenting vvuh - A SUBMARINE BOAT. Tho slzo of the boat Is not known, but she was sloop-rigged. Ou July 8d lie descended under waiei with her by successive steps of live teet each to a depth of tweniy-llvo leet. He had three companions with hjnV. They were In total darkness during tho trip1. Lu- tei ho carried candles, but as they burned up the oxygen ol tho air lie discarded them, and put in u round glass window ono Inch and a half In diameter, and found on the 24th that the window gave a satisfactory light. -Tuq days later he gave a public ex¬ hibition of his bout. Sailing from the pier a short distance, he struck the masts una sails .he globe, and by lis aid he lemalnod under water four lioiiis and iwenty minutes with out Inconvenience. Just how be piopolled llie boat is not known, but It was probably by a screw propeller. In 1800, John C. Hamll ton, a spn of Alexander Hamilton, rode In a stage fiom New York- to Trenton with Robert Fulton. In 1878 he wrote to the Phlhftelphla Times that "behind tho stage Ffiffon hud a suhinu'lue torpedo III it hqd up WlJch he was taking to Washington." The only advantage which the. world has re- ved so lar Irtuii tills experiment Is llie lu* lesllug story ot "I'wenty Thousand leagues Undei the Sen," by .Fules Verne. Before Fitch succeeded In making u sue - cess'nf his steamboat thul inn from Phila delptila to Trenton, lie devised a system of WOIIKINO OAIIS BY STEAM. His engine hadustioke of three feet. It turned the shaft ol a wleel eighteen inches in diameter.. This was "geared" to an axis so that each stroke of the piston gave it lortv levn tiilons. "Each revolution of the axis'," said Mr. Fltoh, In u letter dated De¬ cember 8,1780, "mpvc» twelvo ours or pad¬ dles live and a half ieet, work perpendicu- huh, mid are represented by the stroke of the puddle Qf u cunoo. As six ol the pad¬ dles are nilsed from the water six more are entered. The cranks of the axis act upon the paddles about one-third of their length fi oui the lower end, on which part of the oar the whole force ot the axis is applied" When Fitch Anally got around to a suc- cesslul application ot puddle wheels on the sides of his bouts, he prepared plans for a steam vessel to he used on the northern hikes. It was to be fitted with two keels. He intended to use this vessel for a ship In summer, aud in winter as an ice sledge, with the keels as runners, propelling the emit over the ice by means ot spikes In the rims of the puddle wheels. He wrote to a friend that he believed his ship would attain it speed ot tlilitj miles an hour on the ice. He was evidently uiitumllhir with the Ice on tho northern lakes. J Nathan-Readc, of Salem, Hubs'.', a Harvard graduate, had hrW8 learned ol the failure ot Fitch and others, and decided that the use of oure, puddles^etc., were awkward In prac¬ tice and wiong In pilnelple. Altei Indent¬ ing u vertical tubular boiler, ou which he obtained u patent, he Invented u "lowing machine," which consisted ol u chain with floats, like the floats on an old-style lifting pump, which he placed on two wheels, one ut each end of the bout, the lower part of the chain being under the water. When the Wheels revolved the flouts ran aft under water and the boat was shoved forward. OTHER DEVICES. In 1784 James Rumsey, n tervnnt in a Rloh- jpond, Vit, bathhouse, Invented a method of propelling a boat by toiclng water by the direct action of steam through an open cyl¬ inder placed along tho keel ot tho boat. He undertook to build a bout on that principle In England, but he died before It was launched. His partner finished the boat and got a speed ol lour knots an lioui, but no monoy out of her. In 1785 Thomaa Jellersor, In a lettor from Paris to a fi lend, described a now' method of propelling u ship which lie had seen in operation on the Solne. In describing It he said "It Is a screw, with a very broad or thin-worm, or rather It Is a tldn plate, with Its edge applied spirally round an axis. This being turned, operates ou the air as u screw does, and may be lltterully said to screw the vessel along." With sagacity he added "The screw, I think, would be more eflect- ual if bolow the surface of the water." A little more than three years after Fill Ion obtained his patent ou the use of paddle wheels, atruelhud of propelling a ship by means of puddle wheels on eaclrbow and <(n each quarter, was Invented. The shafts of these wheel* were turned by pitmans and lever beams from an engine placed amid¬ ships. One Jitcob Perkins began to solve the problem of steam navigation on the canals by placing two propellers, built like the vanes of u modem windmill, at the stern ol a canal boat on one side of the rudder. The propellers dipped only thoonds of their paddles in the water when the bout was loaded. They revolved In opposite direc¬ tions, the iliaft of the forward propeller re¬ volving like a sleeve around the shaft of the after one. Their bludes were set at right unglea to each other. The principal In¬ volved In this Invention has since been suc¬ cessfully applied to turbine water wheels, but It lias nevor been used In, propelling a ship. Another effort in this direction was made by Benjamin Smith, of Roohestcr, N. Y. lie placed A I'llOPELLEIt WHEEL, similar to one ol those used by Perklne, ou the bow ot a canal boat. On Jul) 10, 18JO, one of these steamboats arrived ut Syracuu. The same device was Invented and tried In England. Tho highest icoorded speed «i tallied was fix kimta an hour. The Ma* rlan records that this method of pronollhm boats was abandoned because the u heel w,, In great flangef of dutiiiigc by driftwood Six years after Ericsson, of 'Hwodon nun Francis P. Smith, tho Hendon, England farmer, had demonstruftil the suueilorliv of the screw piopeller ovei the paddle wheel Lieutenant W. W. Hunter, ol tho United' States Navy, took out a patent for a tnotliod of propelling a ship by mounnof an ordlna. ryso rew revolved horizontally under tho stem nf a ship, the action of tho wheel fore lug the .water from beneath up against Ilia" Inclined stern ol tho ship above It, and thus driving tho ship forward. A small bout called tho Germ, opeinted by nucha wheel w us so successful that the Government built a wqojlcn schooner of u thousand tons mens, urefnent, which It fitted with u Hunter wheel. The total cost nf tho vessel wns J172,. 475. She lesemhli'dtlie new Government ill.putch bout Dolphin, In that she was una hie to leu,ve tho Culled State's uonst. Bhe was turned Into u lecelvlng ship. Her rec. oui w us six knots an hour., Two years ufteV this method ol propefl'ng a ship was revived in a dtllerent form. A shall was run dirqctly across the stern ol the ship, and a screw wheel placed on each end. The blades of the two screws inclined in opposite directions, bo that when they wore revolved in one direction, they would throw the water violently against the rim of the vessel, and when revolved in the op. poslte direction they would throw the water away from it. It was found that the'swnih of the wutei would shove a common square toed lighter from four to five knots un hour, mid that about lllty per cent of the power of the engine was lenderod effective, which was culled n good lesult. NO acconntof the speed at which the propellers voultl oaek her has been published. In 1830 R. H. Tucker, of Boston, after considering that a sail boat could not be moved In a calm by FILLING HER BAILS. WITH Ala HtOM ABEL- LOWS located on the quartet deck, decided that he could apply llie air better by dliectlng the nozzle of tha bellows beneath tile water un¬ der I he stern of the boat. His first experi¬ ment attracted much attention. He builta canal boat at Wlscnsset, Me., the peculiarity of which was u pyramid-shaped tunnel run. nlng from the amidships section ol the stern, the opening ucrosB the Bt«i ii being nineteen feet wide. The bout was taken to Charles Rlyer, Mass., aud there lilted with an eight horse power cnghie and a common Root blower. The air trout the blower was forced down through ashuftto the small end ol the tunnel, whence it escaped through tbe wide opening. The bout wub pi upelleif four knots O.H hour utter an engine of ihlity.flvo horse power had replaced the small one. The his¬ torian remarks that "Owing to the slight disturbance It caused to the. water, It wis thought well udupledjo the canals." ' Another Boston man, John Taggart, hat invented u novel method ol screw propul¬ sion, which he believes will enable a smooth, water steamboat to travel exactly thirty- seven miles an hour, and that an ocean steamship of the ordinary kettle-bot¬ tom model could reach Sundy Hook from Queenstown In four days and twelve hours. On each side of the bow and tho stern of the ship are*pluced strong Iron yokes, In sUsli positions that they will support the Journals of two submerged hollow Iron cylinders ot such'ii sl/eiind weight that their buoyancy would almost remove the strain of their weight on the yokes. •Beginning at the bow epd ol each cylinder, a sheet of metal Is wound edgewise around each cylinder, lorin- Ing tho threads of what Is culled u gain screw, or a screw in which the threads are nearer together at the bow than at the stern end of the scrow The inventor believes that alter the threads near the. bow ol the boat hav« started a column of water towuid the stem the long thread will keep pace with It, anil thus save what, Is now lost In slip. Traveller on the IludfOn River Railroad have fiequently seen near the track at Has¬ tings a queer-looking object some¬ what like a three-wheeled hand car and something l|ke a tricycle, with thick and ap¬ parently solid wheels. It Is the model of a water locomotive, invented by Robert Fryer It consists ot a triangular frame, twelve foot on a side, resting on three spberold-slinpetl wheels, about six feet In diameter and two feet thick. Puddles, about six by twelvo Inches large, are placed on both sides of tho wheels, which will make the wheels take hold of the water when afloat. The wheels are hollow and serve at floatl, the machine drawing about one foot of water, Another peculiarity of tho wheel la nil Iron tire or keel, which will enable tbe locomotive to travel over a smooth roadway or eroas a sandbar. The motive power Is steam._ It u said that the, locomotive has actually trav¬ elled the roads about Hustings, and that In trials on the wuter It was steered and han¬ dled with the greatest case. There ws» little slip when heading n coune. The plans for an ocean' steamship provided lor wheels, would raise the platform thirty feet above tho water. On thla a house was to be erected, which would have in Its base¬ ment the machinery, ooal and freight. llja upper storle9 were to be lilted up with all the elegance and conveniences, of a flat-iron