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6 THE MARINE RECORD. sac MARINE LAW. -- COLLISION C*B». V. S. Dtttrlct Court, Southern Dtalrict N. Y. • Wtlllnin II. Board, et. nl., vs. the steam¬ ship Bermuda, etc. • W. R. Bcebe and W. W. Goodrich lor II- bollant. Butler, Stlllmnn and Hubbard for olaimnnt. Brown, J. -Thin Motion was brought to rccovoji-<lnm- nees to tho steatntiiB Edith Beard which was sunk through a collision with tho Bermuda on tho 10th of September,-1880, at n point between Ellis Island and Castle William. Tho High/nil left the Pavonla FerVywKh two large ballast logs In tow, lashed upon her port-aide, ami described as 80 ton logs, bound for Merchants' Stores, Brooklyn. 1 no Bermuda Is a largdstouuiBhlp whleh4ind eft her" wharf at 4 p. m., and was proceeding down tho middle of the Hudson river out to sea, nod was somewhat to the eastward and astern of tho tug. The course of tho tug wai about two points farther to tho east¬ ward than the course of the steamship. AC cording to the evidence of the latter whon they were about two lengths off, two whis¬ tles wore given to which no answer was made by tho tug. The wheel of tho Bleamor -was starboarded, but not In time tpxrvold the tug which was struck upon hcrpdrt quarter and sunk immediately. Ab the courteB of the two vessels were converging by an angle of about two points, the sitoation was what Is described as the fifth situation! and us the tug was upon the starboard «lde of the Bermuda, It was the duty of the latter under Rule 10 to keop out of the way, and the duty of the tug bv Rule 23 to keep her course. The tug was seen from the Bermuda when balfamlle distant, and there was nothing to prevent tho latter from keeping mft of the wav by going on eltherside of the tug. By Rule Xlof the Supervising Inspectors, p. 37, (fifth situation) the Bermuda was re¬ quired to sound one whistle and pass to the right or astern of the tug. (The Grand Re¬ public Fed. Rep.—) The tug, 1 am satisfied, did not change her course, nor embarrass the Bermuda in any way; and the Bermuda is therefore necessu-, rily chargeable with fault In not havlni; avoided tlie lug as the burden of doing so lay upon her. The tug was at the time in charge of hci captain, who acted as pilot, and there was no other lookout cither forwaid or aft. No whistles from tho Bermuda were heard; nor were (hose on board aware even. I hut the Bermuda was approaching until she iwjk close upon litem; and the captain seeing the Bermuda bad hardly time to escape Iroin tho pilot house and went down with the vessel. There was plainly grusB negligence on tho tug l" icgnrd to keeping any propei lookout loi other vessel^ and upon tills ground the tug iiiiii-t have been held jolntlj liable tar the loss, were I not sntlslied from the evidence that iheie was nothing which the tug ought to hau-done, or could prop, erly have done, to avoid the collision, had a lookout been properly kept and the motion* of the Bermuda promptly reported. If the course or tho of the Bermuda had been closely v, niched from the Hi at, the tug would still have been bound to keep her cMirne precisely as she did. She wus botfnil to keep her course and not to tliunit tho nidisures which the Bermuda might take, and Mas bound to take, to avoid her by changing cither to the right or lelt. As the Bermuda was approaching the tug's port quarter at an anglo of only about two points, It was Impossible for iho tug to tell whether the steamer would pass to Iho right or left. The first Intimation was that given by hei two whistles, assuming that they were given, as testified to by thoBe oil board the Bermuda; but these whistles were not given until about ten seconds, as It is estimated, before the collision, or at one or two lengtliB distance. Until this indication of the intention of the Bermuda as to which course she Intended to take In passing the tuc, the latter could not anticipate on which side she would go, and would ltavo no right to change Iter course lust that should embarrass tho steamship In portormlng her dutv to avoid her. When these whistles were given the only thing the lug could have done was 10 stop, or to port; and I urn satisfied that tho collision was then so imminent that neither stopping nor port¬ ing would have made any dlllereuce, and that MODERN STEAMERS. Tho Nautical Magazine remarks that there Is one thing that wirhnow, or should hove learnod from the vast experience of tho last ten or twenty yoars—an experience, perhaps, as. gloomy and unsatisfactory as it lias been rasli—that tho tnajoi Ity ol cargo steamers, as at proBonl constructed and sent to sea, have already—long since—reached tho limit ol safoty In loading; If, Indeed, many of them havo not got much beyond It, If this ho not so, how are we to aacomit for tho groat num¬ ber of ajjoli vessels which annually disap¬ pear? -There Is, suroly, unmistakable evi¬ dence to prnvo that something is wrong some- ■where; lor many of them aro comparatively new ships. After two long centuries of ex¬ perience of all kinds of ships, and over all seas, a vanished school of able and sagacious soamen, laid It down that a good ship, fairly loaded and ably commanded, will live In liny storm—excepting, perhaps, cyclones nnd hurricanes, and tho accidents whloh they engender; she positively cannot sink, butlk as certain to ride ovor those great rolling niQUjitalns of seething water «8 a well-built church Is of standing on its foundation. It Is a great mlstako to suppose, as somo ship¬ builders really do, that became a ship Is big no heavy seas will run on board; In conse¬ quence of this fallacy, they take nil manner of liberties In designs nnd constructions. It Is difficult to bollove there nre such opinions In Buch quarters, yet it Is so, notwithstand¬ ing. There is, doubtless, less science Im-1 ported into shipbuilding now than in lormerJ times, when Iron for such woik was a nov¬ elty, and when the worthy blacksmith, though occupying nn Indisputable position, pin) ed only second fiddle In tho symphony; .but tho merest riveter should understand thnftho long, low steamers, Which nre now'| turned out of our building yards, aro the wettest and, In too ninny enses, the most dangerous ships which ever put to sea. A great ocean wnve, however high or fast It may run, will lift up bodily, any Email ship or boat, but not so some 400-footer; and, as a matter of course, it It cannot lift, must run over some part of her. Allowing such~4_| wave to run at thiity-flve miles an hour, and a groat pnrt of Its crest, sny twenty-flvo tonsofwaler, to overwhelm her decks, we have at once a force equal to the chaige of a locomotive ngaliiBt everything in the shape of jin obotiuctlon to Its course. Yet It Is common to see such ships putting to sea with all kinds of trumpery and feeble lif¬ tings—such as obtained in high sided ships of lllty years hack—feeble, It should "be said, In relation to the amount of fieeboard or bad weather to bo. encolinteied, and nfterwnrds doleful nccounts in the uowspapois about "terrific weather and fearful damage.^ ; show ipobt I soup onterlnfe shown 'tin time to dine." However, tho poet begs his Readers not to inoaiily of this humble Boat; "whonoo sprung tho JJrltltli licet;" for the spot so low la sa¬ cred, Hoeing Hint It '.'formed to martial nots aHawko, nHowo!" It Is not In poetry, however, that ono must seek for n portrait of the midshipman of the paBt. Dr. Johnson, Indeed, deals witli him otymologlcally, and without much labor, derives tho word from mid, ship, nnd man. This derivation, presumes tho middy always to live nnd labor amldnhlpsi but Dr. Johnson's conclusion is hardly for¬ tified by the authority ho. quotes, who says that midshipmen aro officers aboard a ship whose stntlon Is divided betweon tho quar¬ terdeck nnd the poop. Their business ap- patently was to mind the braces, to look out, nnd to ropont tho orders given by tho cap¬ tain and other olllcers. "They also assist on all occasions, both In sailing tho ship and I ty tori tig and rummaging the held." Thoy prptmbly played their part of rumaglng to perfection when there was anything eatable or drlnknblo to bo come at by so doing. Yet neither tho poet nor tho lexicographer bIiows us tho midshipman jib ho was, For his likeness, exaggerated) Ho doubt, but an unmistnkeiible portrait nevertheless, we must turn to Marryiit, to Michael Scott,,to James Hannay, to Howard, the author of "Battlln tho Roefor," and to othor nautical mnelists now forgotten, though read with iipphiuse Ir, their day. Thero we flhd the "fool of tho family" duly turned ovor to the care of tho first lleutennnt, who recoives ral^hnrga with disgust nnd many muttered I asseverations respecting tho speedy decay ul the Bcrvlce. Ho Is a bright little fellow In lila cocked hat nnd dirk, it sucking Nolson; well assured of covering himself with Im¬ perishable renown whenever the proud Spaniard or old Wooden Shoes shall have the cournge to noave Into view. The stories ho tolls to his pretty sisters and cousins when he comes home tire qulto thrilling; they relate largely to mermaids and the Fly¬ ing Dutchman. 'But, entertaining as he Is, there is a general sense of relief when the admiralty order conies down to the quiet par- Bonago for him to Join the urnck frigate which is to do terrible execution among tho onerrryTshipB before wo hear the end of her. It is In the Action of llfty and slxtyjie*rh | ago that We find him In the inalntop/ultlt his hut gone overboard, and his hair stream¬ ing out like tho Welsh bnrd in Gray's poem; singing strange songs over cans of grog in the stilling quarters where he slings his hammock; pitying the btiniboat ladiea;"»ith lhml3 ^customed to mm Itlin'o jtllalrs v, ays the forotop sail;" sitting on the booms llstqir „„,„,. t„ „• • ■....... ' Ing It was then Impossible lor tho tug by any change of her own to have escaptd. The heavy logs lashed to her sides necessarily prevented ant "Vapid miinoouverlng. Though * tho want of a proper lookdut was reprehen¬ sible, I am satislU'd that In thla cube it in no Viuv contributed to the collision. • The tug was moving at about half tho rate of tho Bermuda. Hntl sho beon unembar¬ rassed by anything lashed to her side she undoubtedly could hove been quickly hun¬ dred »nd might have got out[or the way. It is probable that those on board the Bermu¬ da did not sea the heavy logs which embni- rnssed her motions until they had nearly readied her, and that they Bupjjosed she would therefore get out ot the way nt the If'lust moment by a rapid munaxiver which small tugs uro easily ablfi to make, and that there was ho need Df observing the strict rules of navigation. Ab tho tug was, how¬ ever, encumbered by tho] logs in to«- so as • to be almost ns unwieldy ns the steamer her self, the latter must beur the consequences of iter mistake In assuming Hint the rules might be neglected with Impunity. D«crec for llbelhtnt with costs. A MIDSHII'MITE. • From the London Telegraph 1*1 luce Georgojias Joined the Canada ns a midshipman. Apparently but little distinc¬ tion vvlll'be made between Mm and his fcl- low-mids, If others there arc. He will (lino in the gun loom mess, and he will be fur¬ nished with tipcilal cabin accommodation, and. he lias been placed under the personal Ciiaign of Captain Diii'nnt. No doubt he will also shine In his shipmates' dulies; and to much, if not all, that a naval midshipman is expected to do at bcii wo may assume that his royal hlghuesB will cheerfully put his hand. The duties, to be sure, ate not now very arduous; and the midshipman bf our period has good icuson to congratulate him¬ self that he belongs to the piesent time. Old mivul officers must often smile when they contrast the spruce young gentlemen in white trousers and gilt buttons, balancing themselves on the tall bridges, binocular glass In hand, with the denlzons of the cookplt In their day, with the lads who had to learn seamanship In ton-gun brigs and the arts of war from enemies whom It nsed- ed such men ns Nelson, Cochrane, and haumarez to cruBh. A happier marine ep¬ och Iins come for tbe middy; with Ills cocked hat and dine ho hits put away a very large world of dl"comfoits, hard usage, and fiorcoJ'seiit out by fighting. A plcturo of whit ho was about tho middle nt the last century has been be¬ queathed by Falconor, the poet of "The Shipwreck." It Is only a little less dismal than Smollett's account of the Hie of a sur¬ geon's mate aboard a British man-of-war. "Deep In tho fabric," lie says, "where Britannia boasts o'er seas to waft her thun¬ der, anil her hosts, a cavern lies; and hard by tills envorn—In other words the cockpit —dwolls tho midshipman. He represented as a 'cockpit beau, 'though Japan to him 'her varnlsh'd Joy denies,' nor bloom for him the. sweets of eastern skies." ' There is nouoU- couch for him to recline on, no tall mirror before whlch'toshave; the dandy must make the best that he can of himself with a "pig. my glass, cracked o'er and o'er." Appar¬ ently the midshipman was a bit of a cook In falconer's days for the poet talks of the youth varying his study of logarithms by an¬ alyzing the formation of. lobscouBo and mak¬ ing puddings. "At on< o the sage, the hero, ho wiolds tho sword, the saucepan, and the book." Yet he appears to havo been a per¬ son not destitute of Intelligence, for we- read of him imitating Garrlck and Shuter, warming his breast bv rebooting upon Ol¬ io's virtues, and then charming fapoy with thoughts ol gay Lothario. "Clqono's grief his tragic feelings wake; with Richard's I pangs th' 0rloplnn caverns shade; no more I the mess for other toys repine, when pei - ii.g to long-winded yarns from old salts who fought in naval engagements which took place when the middy's lather was hi petticoats; munching wormy bread, and smuggling himself tinder the stern sheets ol the pinnace that has been ordeied away on a cutting-out expedition. To this day he is faithfully believed In; and the little smirk ing rogue, precociously ogling the lasses, tricking the people who sell fruits and cheese and trinkets, causing disturbances in. theaters, nnd stc| ping on bomd with his hat full of tarts, la accepted as a reality by a generation who have oven Bent Mr. Pick¬ wick to join the classic gathering of Truill- bers, Trunnions, and GrandlsoiiB. Yet in verity he Is not less out of date. He is now a sober, ardent, educated young gentleman, quite in hurmqny with tho change that has taken place in the royal navy since Marryat was writing the lives oi "Peter Simple" nnd "Midshipman Easy," and oven iir his occasional "frisks," to use the Johnsonian term, dignified us should become the mem¬ ber of a fraternity ot youths who number In their ranks a prlnco of the royal blood, and will some day command lron-clads and be admirals of the "Rod, White nnd Blue. IMPROVEMENTS IN LIGHTHOUSES. In a paper recently rend before tho Society of Englnoors by w. C, Anderson, Leeds, England, It Is suggested that ah Improve* ment on the present mode of building light¬ houses' may bo mndo by constructing thorn in the form of a hollow cylinder of riveted1 Ironwork. The cylinder should consist of two soetlons of Biiltnb'o longth, that which Is to bo the upper one to contain nil ilecossnry fittings nnd appliances of an ordinary light¬ house, and the remaining section to bo ballasted so ns to sink below the water lino to counteract tho notion of wind nnd waves on tho exposed part. The middle portion of tho cylinder should bo packed with cork to prevent tho whole from sinking.' Tho cylinder would be built complcto on suitable ways, launched and towed to Its station, and tharf securely anchoied by stool ropes. By admitting water luff tho ballasted section> that end would sink and tho other would ride upright and easily in tho water, ns does a partly-filled bottle. 'There Is no apparent reason for supposing such a lighthouse would; not bo safe, as easily managed, and In all ways as usofttl ae nro. tho moro oxpenslve lighthouses now In nU, whore the water Is deep enough to admit of submerging so much of n cylinder. An improvement might,, perhaps, bo made by making a light but strong framework to take the place of the upper part of tho cylinder proposed, an J by Bubstttutlng olcctrlo lights for those In ordinary use In lighthouses, Such a tower - would oiler very little resistance to wind or wave, would require a smaller sunken cyl¬ inder to keep it steadily erect, and It may bo assumed would cost less than a structure of riveted iron forming a long chamber or series of chambers. Thero are probably no in¬ surmountable difficulties to prevent the suc¬ cessful use of electric light In boacims or lighthouses, even where tnoy must be placed fur from habitable land. On the contrary, several advantages pieaent thomselvos. The tedious and trying isolation ot human being* in lighthouses would not be necessary; tint light might be made far more brilliant ami penetrating than those now In use,for that, purpose; by suitable arrangement of clock¬ work llasliesof any desired duration orunler could be easily made, and tho light could he easily used by a key under the hand nl an operator on the shore to telegraph Infoi mu¬ tton to vessels. By uieauB ot an undeislood code ot slglfals winning of approaching- danger might ho flaslred lar over the waters by the signal service ard advice as to the course to take io secure si|fety. be given. To many <n which theclccttlc light might bo made useful in convej inglnfoi million to ves¬ sels oil'the coast, especially, perhaps; in the time of war, will present themselvus. INSPECTORS INSTRUCTED: J From the Chicago Inter Ocean ' Supervising Inspector General Duniont has prepuied n circular, which has bceu Gent out by the secretary aslollows: "It is deemed advisable that the local and assist¬ ant Inspector In your district notify the masters of all excursion stcamcrs'that hence¬ forth they will be required to keep a record of passengers on each trip. Inspectors will demand copies of such records at least once a week and place them on their official files. The local Inspectors, are directed to furnish tho bureau at Washington weekly with the names of all steamers supplied with permits during the week, tho number of passengers allowed on their regular certificates, the ad¬ ditional nupiber allowed on their excursion permits, and the route for which the ex¬ cursion peimlta is grunted. Section 4,405 of tho Revised Statutes seta forth that itahall not be lawful to take on board of any steamer a greater number of passengers than |s stated In tile certificate of Inspection, and for every violation of this provision the master or owner shall be liable to any suing, for the same to forfeit tho amount of passage money and $10 for each passage beyond the number allowed.'" Tho outfit of the Life Saving Station at Evniiston has lieen increased by the addition of a good boat to be used by the nlglii watch. The propellor Jarvls Lord was aground at the uppui end of Walpole Island Thurs¬ day and was released by the tug Michigan. THE NEW CRUISERS. Front the Inter Otean To the disgust of tho rest of tho ship¬ builders, "Uncle" John Roach walked oft" Willi the entire bundle in the matter of the cruisers. .Cramps Eccmed to bo worst cut up, Charley declaring that the Chicago could nut be honestly built for tho money bid by Roach, which was only $880,000, when the estimates by the Advisory Board was $1,248,. 000. Cramps' bid ol 91,080,000 botli brothers declined was ns low as the work could be done and leave n small profit. Their bid was lower than any othor except Roach's. Willi tho letting of the contracts the season scandalous reports open. It is rumored that one cause of the dissatisfaction Is the violation of understanding by tho terms of which the work was to be divided around at a fair profit, The story goes that clthor of tho leading coiitractors was to bid v.ery near tbe estimates, which are tho limit al¬ lowed by the department, and that but minor differences were to be made. Just varlath n, enough was to bo observed to distribute the work and to make it agreeable to Roach. He was to bo allowed to walk off with the big cruiser, while Cramps and Harlln <fc liollliigsworth were each to have one of the sister ships, tho Boston and Atlanta. In, order to give popularity to the scheme to re¬ habilitate the navy In the West they wanted the Dolphin, the dispatch boat, to go to tho Mississippi Valley, it It Is true there was such undemanding Roach wept back-on It. Whether there was an agreement of this sortoi not will probably never be known now, and if there was any to Just what ex¬ tent it took definite shape Is another con¬ undrum. However, Koach has quietly pocketed tho entire apptoprlatioi) of $2,155,- 000. Pusey & Jones were out ol the deal at any rate, having declined to bid. It was asserted In some quarter.that Roach, having Ills own rolling iiiIIIb will) the plant to imiko Ids own steel, instead of having to buy It, accounted for the bid. Cramp, however, snys there is nothing in this, for he. can go¬ to the loading steel-works ol the country to-day and buy the material as cheap as Roach can mnke it. If this be true, It is difficult to see how this cuts any figure In ihe matter, and the statement that Koach would build the ship at cost of tho prollt in, tho material has no weight. Tho books of tho Bureau of Navigation show a saving of $37,700 In pilotage for one year, in consequence of tho olllcers being compelled to pilot their own vessels. It ap¬ pears that the olllcers know their business better than thoy thought they did. \ ..J *-*■