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_„____fffiRifrWEzraxmmim IIS—Ill BTjr, m 6-- ' MARINE LAW. ' rorjn ADtmuLTY oasis. All who are Interested In marine matters will sqo the lmpbr,tanco of tho'following doolslona. They wore made by -Judgo Walker In tho United States dlstrlot court this wooltln Cleveland. They touch, on'the rights of vessels nt anohor In roadsteads, of masters of vessels to liens on their freight for wngos on tlio amount recoverable for repairs to-Injured vessels and on marine mutters goncrally. William McGlll' vs. steamb'argo Oscar Townsend nnd barge Edward Kelloy. The stcambargo Oscur Townsend with tho bnrgo Edwaid Kelloy In tow, came down the St. Clair River nttwo o'clock on the morning of October 10, 1881, and ran the Kelloy into the schooner SunrlBO, which was lying at anchor In the river near Sarula Bay, and was tho cause of great damage to the schooner, for which this libel suit Is filed. The barge Kelloy clalmes to he somowhut damaged, for which a cross-libel Is filed by her ownors against the Sunrise. The libel¬ ant alleges that the Sunrise was anchored at a suitable nnd proper place, and that Its officers were guilty of no fault or careless- -ness, and that the collision ocourred through the fault and carelessness of Townsond-aud Kelloy. This Ib denied by the answer, aud It Is alloged in the answer that the collision was occasioned by the fault of the Sunrise, The-court finds that the Stlnrlso was in tho night time anchored In the St. Clair Rive: and within tire channel or roadstead usually taken at that point by vessels coming down the river at night. That, although anchor¬ ing In tho river in the night time or day time is not necessarily Improper or danger¬ ous, anil although it may be customary to do so during stress of weather, yet when sot doing in-the night, great cure must be used to make ample room and spaoo In the channel for pasting vessels, and to so locate the anchorage ns to avoid possible danger. That the Bunrlso wire anohored at a dangerous place hi the river, at n point whore tbere was strong current and whore her lights might a~nave boon easily confounded with those on tho Canada shore beyond her by persons on vessels coming down the river, and difficult to distinguish from them. That the Sunrise did not irnvs at the time a suitable and properancHor wutch to guard her from danger fronYpusBlng vessels com¬ ing down the river, Thut she did not put up and keep up in good order to the time of collision suitable and proper anchor lights to notify passing vessels of her locality, sous to avoid collision with her: that she did not comply with rule 10 B. S., section ,4233, which requires that all vessels when at anchor In roadsteads or fair-ways shall ex¬ hibit wliere It can best be seen, a white light, constructed so as to show a clear, uniform, iindjinbroken light, visible all around the horizon } that she did not display, as It was her duty, a torch-light when the lights of the Townsend and Kelloy worco first made, as they approached her, to enable them to see hor.and avoid a collision. Thut Immodl- utely before tho-colllslon she fulled to change her position, as she might have done by put¬ ting her wheel to starboard Instead of to port, and thereby cause her to swing out of tho way of tho Townsend and Kelley. In all of which respects the Sunrise was at fault and negligent. Thut the Townsond In coming dow 11 tiro river occupied the usual channel or roadstead"at the point wliere the Sunrise was anchored and lociltod. That It had proper lights and u proper watch at tho proper place. That the lights of the Sun¬ rise being so dim at tho time wore not seen by the Townsend fur enough, nwuy to have avoided tho collision althougo proper dil¬ igence was used for that purpose. That when the lights wero seen being close upon the 4tinrlso (he master of the Townsend used proper steamship In ,trylng to avoid the collision; and that, therefore, the Town- eetnd was not guilty "of negligence or cureless- ■toss In causing the injury. That the Kelley being tho tow was guilty of no negligence nnd therefore not liable for tbtl Injury to U10 'Sunrise. Tho claim of tho-Keiley lit the oioss libel not being pressed by counsel, the cross libel Is dismissed*. Deoroe dismissing libel at llbellan*' costs. Appeal allowed. William II. Condon and E. A. Argell pioc- tois for Ubellant, and Goti'ldcr & Well and Wllley, Sherman A Hoyt, for respondents and oross-llbellants. I '* tub AnoTtmus 049B. James M. Jonos, Jr., vs. tho freight aud oargo of the bargo Aroturus. 1° The llbollant was tho master of the Aro¬ turus, and had wngos duo htm us such master for tho owners of the vessel for tho month of Novombor, 1882. At that tlmo ho Inid en board the vessol a quantity of telo- graph poles owned by A.A.Colbv which had been carried on board the 'Aroturus, and were to bo dollvored at this port of San¬ dusky, upon whlchttro-sald Colby was to pay freight in the usual war. Betoro the telegraph poles were unloaded at Sandusky, the vossol wan seized by the United Statos Marshal under n libel filed by W. H. Wolf ot al. against the Aroturus so that tho master could not nnd did not unload the polos at San¬ dusky, and Colby, the owner, wascompolled to pay $70 to procure tho poles to bo un¬ loadod, und before lie wns allowed to do so he paid the whole freight money Into tlio registry of the court which would have been earned by the Aroturus If the contiuotof affreightment hud been lulflllod by the de¬ livery of the poles. The libelant, Jones, the master claims.the wholo freight should be applied on his unpaid wngeB, and also u lien on the poles, the cargo, lor the amount due him for services as master. The court finds that the libelant had no lieh on the cargo for the wages boyond the proceedings he is only entitled to the freight actually earned bv the vessel; that being the freight less what It costs to unload it at Sandusky} thut the libelant is entitled too-decree for that part of tho freight so actually earned to b«t applied on his wages as such master; that Colby Is entitled to repayment out of tho registry of the amount he paid for the un¬ loading of the cargo, being the sum of seventy dollars. Mix, Noble & White, proctors for libelant, and Gonlder & Well for respondents, AMERICAN STEAMBOATS. It Is woll If the Americans ean dlstanoo the English In one mnrlnojntrirost. From tho English Marino Exchur/go It scorns that they acknowledge tho superiority of our river boats as the following language shows: Thero Is apparently a large and extonded market for American flat rlvor stoamors on the shallow navigable rivers of Europe and Asia. In China thoy have already effected almost a revolution in the water carrying (rado of that empire, and wo Jiear that tliero Is a brisk dom'and for them already on tho iVolgn. The plan adopted In that case by Hie Amerlevn builders Is to take out the ma¬ chinery wltl them, and to build tho. steam¬ ers of timber oil tho spot. .'I his plan 'pro- |-dncofl a steamer much cheaper than the iron river steamers exported from England, which havo been In use there for some time, Not only Is their success duo to that cause, but more especially owing to the fact that tho American built bouts only require a draft ot four feet, while most of the English steamers require nine. Even a draft of five feet bars the navigation through a great portion of tbe riier/und tho speei'of the wooden American boats Is said to bo better than that of any of their iron competitors. The light draft of the American boats has opened up a navigable length of Bomo 2,000 to 2,300Ttflles on the Volga, which will prob¬ ably Induce further orders for the other large rivers of Russia. There should be an equally good market for such steamers on the rivers of the Argentine Republic which are very wide, but for the most part shallow. We understand,*however, Unit there Is « strong prejudice against them, owing to their lia¬ bility to catch fire—the first two which were run on tho Plate having been destroyed by fire. Wo do not see why America should have n monopoly•<>( such flat bottomed river steumerB, and we recommend this Xo the at¬ tention of English shipbuilders, though as a nation we are said to be the last to suit our goods to customer's requirements. ' ported, not a solitary grain was taken away |ln an Amorloan vcsnol.and It took over thir¬ teen hundred foreign vessels to do Jb/whole business. The only plaoo wo beuTforolgn- ors Is In our mitrlno on the hikes. ANOTHBItCASE AOAINBT TUB TUTUILL. Humphrey Slsson ot at. vs. tug Fannie Tuthlll and barge Harvest. On exceptions to report ol Earl Bill, commissioner, as to damnges sustained by collision with schoon¬ er Minnie Davis. There arc thirteen exceptions' filed by the respondent owner of the Tuthlll, covering all the findings of the commissioner. After full argument on behalf of both parties the exceptions are overruled and the report con¬ firmed, except as to the Item of repairs made to the libelants' vessel as allowed by tho commissioner, to wit, $700, found by him to have been the reasonable value of the repairs, and us to that item the court reduced the amount to the sum ol $503.27, tho actual ex¬ pense of the repairs as' found by the com¬ missioner, the com t holding that although the rule adopted by the commissioner being tho reasonable value of repairs, constitutes the usual measure of damages, yet when It appears that the repairs were actually done for less und no claim made for more compen¬ sation by the shipwrights who did tho work, In equity, such should be the measure of re¬ covery. Decree accordingly. Goulder & Well, proctor for respondent, owner of tug Tut¬ hlll. j J EN KB VS MONTAUK. " John Jeuks vs. Schooner Moniniik. The libelant whs the wheelsman on the Moutauk and wlijlo lu the Sauljt St. Marie River, the schooner, on August 4,1881, In tow of a tug run ugiouud, mid the libelant, then ut the wheel in executing an order of tho master, was Injured by tho wheel spin¬ ning around nnd striking him. The libel¬ ant claims that the master guvo him an Im¬ proper ordoi, and that while executing It he was Injured without his fault. This U de¬ nied, and It is alleged tho libelant was In¬ jured through Ills own carelessness. The court finds thnt,the order given the wheels¬ man from tljc weight of the evidence was a proporouo; that tho libelant In executing the older, wns himself guilty of carelessness which pioduced the Injury and therefore not entitled to recover libel, dismissed with costs Appeal allowed. Wllley, Sliorman & lloyt, proctors for libelant, and Goulder & Well for respond¬ ent.^ » SAD DROWNING. Robert Sykes, caretaker of Mlllton Island, nci|r Kingston, was drowned Monday after¬ noon in a most distressing manner. The particulars are related by the Kingston Nows: ' "After ho lmd gone about fifty yards from the island ho put up the sail, when the wind which was blowing a gale at tbe time, struck It, and tlie result was thut the boat wits cap¬ sized aud the occupant thrown. Into the wu¬ ter. His wlfo wus standing on the Island at the time, und witnessed the accident. She was afraid he might meet with some mishap, and so weut down to the shore to watch him out of sight. Being a good swimmer, and no doubt thinking he would have no trouble In reaching the shore, ho left the boat and swam for tho bank. She watched tho sv bu¬ rner anxiously. When about twenty five feet from her ho showed signs of distress, and told her he thought he oould 'ast no longer. She bocamo distracted but there was nothing she could do to assist him. There was a boat at the house, but it would take some time to launch it. Finally ho told her he was going down, and bidding her good-bye, Hie dlsnp- poured with a gurgle beneath the surface. The poor woman did not know what to do with grief. She brought out a horn, and standing on the shore blew It with ull her might, thinking to attract attention, but no one made an appearance. She remained on the Island alone with her five little children all Monday night, Tuesday and Tuesday night. At Intervals she kept blowing the horn, the Bound ol which was hoard this morning by Mr. W. Seal who, with his brother Alexander, went to the' Island In a boat, and learned tho and particulars related abovo. Be oitu. Bure to advertise in tho Maiiink Rkc- Out of tho millions ol bushels of wheat sent abroad this sousou, not a pound was carried In an Amorloan vessel. Thero were British, French, German, Austrian, Spanish, Swedish and Ilullun, but not one American. The small and Insignificant klngdoln of Bel- glum sent us ships to bo laden with five mill¬ ion bushels. The llallnnstook three millions, the Dutch two 111IIII011B, nnd the Brltlsu be¬ tween twent)-slx and twenty-seven millions. That the foreign ciirrylng-p^ido slrould vast¬ ly surpass tho homo maVfiie would Ol jourse bo looked lor, but it is remarkable that out of more than forty-six million bushels ox- A Yale Incident of Fifty Tears Ago. Tbe notloo of the late Dr. Hawloy Id ^yesterday's Register brings to tbe reool- lootiori of tho writer an occurrence of fifty years ago, whloh goes to prove the great physlonl strength and endurance of the doctor as thero .statod. At .the opening of tbe Yale medical course In 1833, In what is now tbe South Sheffield building, there was a notioe glvBn after tbe lectures one afternoon that tbere would be a cholco of "bully" for the season on tbe grounds' oast of the col¬ lege. Tbls brought Bey. Dr, Peter Parker on his feet in opposition.- Ee made a special plea stating that ohoos. ing bullies by a tussel of strength bad boeome obsolete In all colleges, and ad- vooated tho more modorn andjrespeota- ble course of olecting tbettTMy ballot. The students gave very vospoctfui- IttonUon to bis speech and then left for the place appointed. A very large, beautiful thigh bone was laid on tho grass and a circle formed around l(. The bone was soon takon up, which meant a challenge. Tbe students would take'hold of it In a particular manner, each having one hand between the hands of the other. Hawley was one oP&tho first to bold It. There were about seventy students in tbe class, and Hawley stuck to his bone in spite of tho majority of them and bore it off in , triumph. Some of the fellows he would throw nearly a rod. They would come boots foremost, and we had to look out for ourselves to avoid getting hit. Of that class the number now living can be counted on tho fingers of one hand, as far as the writer can learn. There is Hon. PotorJ Parker, from Massachusetts, who distinguished him¬ self as an oculist in China; Rev. Thomas K. Fessenden, from Brattlc- boro, Vt., whA bas done so much for unfortunate girls; Dr. Harrison, of Wallingford, and the writer. The class at that time was equal in numbers to all the' medical students in Boston, and put few short of the olty of Now York. Now Boston numbers hers by hundreds and New York by thousands. The class in New Haven had students from nearly all the States, and from South America, West Indies and Eu¬ rope.— Letter to New Haven Register. A Brave Naval Officer. The crow of the United States steam¬ er Powhatan,says the New York Herald, was being exoroised reaently while she was lying off Port au Prince, and during the exercises a petty officer fell from the yards. His body struck ono of the guns and shot through the port-hole into tbe sea Tbe Quartermaster, who was on deok at the time, immediately sprang overboard and brought the bod.y along¬ side. It was hauled up, but the poor petty officer was found to be dead, the shock of ^the fall op the deok having evidently killed him before the body fell into the water. , Tho Captain of the vessel which" ar¬ rived from Port au Prince yesterday, in describing what he had h.eard concern¬ ing the sad accident, says that the Quai termuster wns sent for by tbe Com¬ mander of tbe Powhatan after the body of the petty officer hod been taken out of the water, arid that a oolloquy, sub¬ stantially ns follows took place, "Do you know the risk you ran in jumping overboard?" tho Commander asked, "But llttlo risk, air, I think, I'm a . good swimmer " "But did you know that the vessel has beerTnll day surrounded by sharks?" "I did, sir.'; "And yet you went overboard?" "I thought I might savo a life, air 'f Tho report of the Commander of thk Powhatan will no doubt ha>e an honor.- ablo mention of the brave Quarter¬ master. The merchant Cnptnin who re¬ ports the incidents narrated abov-o adds that tho man who was killed wns burled with military honors. Jhe remains being escorted to tho cemetery by a guard of murines, und the Catholic Bishop und his -assistants being in attendance in thoir robes of office. The name ot the dead man was not ascertained by the merchant Captain —Leo XIII seeks relaxation in the crmpoBitlon of Latin poems, all of which are priuted uudor his careful supervision After u fow copies have been tukori the typo is distributed. —Pere Hyaolutho, of Pans, Is oomlng to America ib the summer to deliver lecturca <? J IS