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THE MAtUNB BECORD. MAKINK LAW. Trtpani arpraufy /or Iht Marint JSrcoroV COLLISIONS CONTINUED. It la not the purpose of theso Articles to prcsont.nn'oliiborilto or cxlintistlvo treatise uppn the subjects aoleotcd. Tlioy nro eom- jllod not for tho use of tlio prnctlclnjr nt- tornoy who Is supposed to be fumlllnr with nnd Who provided with the Inw upon theso * subjects; but thoy lire compiled for the bon- - oftt ol'those engaged in murine pursuits nnd ' «rc Intended ns n guldp by which nccldor.ts mny bo prevented In that they show whut tlio duties of ench pnrtv shall be under cortnlft; circumstances, nnd further, In case of acci¬ dental show wlioro the responsibility or lia¬ bility rests, It there Is any responsibility or liability. A careful analysis of the law of collision's reveals that tlio liabilities for dam ages rost cither In the unlawful perform¬ ance of, or neglect of performance ot, Bomo act which tho law prohibits or requires to bo <lono. Under certain clri'tinistuiieea duties •' will be inipo<cil-wlilch will not be Imposed under other eirctfmstnnces. Acts which would not constitute negligence upon —tlio open mmi and In daylight, when per-, formed or omitted to he performed as re¬ quired-, In the night time, in u fog, or in a narrow nu^ much frequented channel, uill constitute Unit degree of negligence that will fix a legal liability tor damages. Therefore It will lie seen that all the circumstances of time, place, weather, kind of vessel, and duty or work »hc l« engaged in, must be taken into consideration. More care or a higher degree of care is required of a steam than of u sailing.vemel for the reason thai the steam vessel is more easily managed than the sail vessel, having all her motive power > within herself, and not being de¬ pendent to so great an extent upon outside and 10 a great extent, uncontrollable ele¬ ment*. Steam craft will, as shown in a case cited Inst Week, lie lield liable for accidents on account of having run at too great a speed in or during n fog, although the evidence showed that at the time of the accident she had nearly stopped. The fact of having violated the law as to rate ol speed fixing tlio liability In case of doubt beyond the power of revocation. The owners of tugboats and voBtscln, who employ Incompetent or Inex¬ perienced men m manage and call the sain6 are liable for damage cnu-ed by [his Incom¬ petency. Then these same men who have vauscd the damage are liable to llie owners iftltev, ifftjinen, have deceived the owners with regard to their qiuilillcatlom* and II- ccuse. Vessel owners must look out and t»ke notice of these things when hiring men at their peril. A great number of the col¬ lisions for which dnnlages are demanded nilsv from collisions occurring during the tow i ig of vessels by steaming". Tills arises partly from the place at winch towing Is usually done, In crowded harbors and rivers, awl partly troiu the comparative- helpless¬ ness of a vessel when In tow. Kor the rea¬ son (Inn so many accidents and collisions occur under these circumstances a number ot cases from those recentiy adjudicated will be cited. These cases are all taken from the decisions of the United Slates ( ourts and are the law of tlio whole country, and will be generally usetul. 1st case.—The barge ( being towed down Ui« iHorlh river alongside llie tug p., came iln collision with h scow In tow ot the tug B., which'mis going up the river. The owner ot the barge tiled a libel against the two-tugs and the scow; and each of the ves¬ sels tiled a separate answer, each tug deny¬ ing any fault on Its part and charging that the collision was due to the fault of the other. The case was submitted on the •pltfmllng* alone. Held, That the fact of the helplessness of the barge was jin'mii facia evidence that the collision was caused by the negligence of one or tno bthor of tho tugs, but notcvidenoe of tho negligence of either tug alone, that the aneworsof the tugs wire Hot evidence against enoh otWbr,' and no pre- sumption against either. No' other proof 'lielng offered, the action V»s dismissed Against all tlio vessels. idc»*e. A boat of tin! Brooklyn Anne* line running from Jersey City to Fulton St. Brooklyn came In collision with a bargo In tow ol a tug coming down the Enst river just outside the piers, and sank in cou- gequenee.—J/cM—'flint It was negligence in tlio tug nnd 'tow to pass so close to llie pier*. That It'was negligence for tho tug to take lier tow botwoon the ferry boat nnd a bonl ot the Fulton ferry.dB alio did, when nny awing of her tow hi passing would hnve rendered it collision with one or tlio other almost certain. That no fault of tho Annex boat-contributed to the collision and that she wns not in fault In coining out of her Blip after tho collision,'In an attempt: to ronoh Jorsoy City, which fnllod because hor pumps would not keop her clear, thoBe In charge having examined the-injuries and baing of the Opinion that she could be kepi up.' The Annex bont, In nn attempt to go into a dock, In a sinking condition, came in collision with a canal bont in tow of a tug ,and nftorwnrds snnk.—Held—that hor sink- lug condition, was the inevitable result of tho tlrat collision, and the loss wns not Increased by the second. Tho question whether tlio tug or the lorry boat wns at fault wns immaterial. 3d case—A tug,—Held, negligent In choos¬ ing a position for shifting h canal boat form¬ ing pnrt of her tow, too nearly In. the track of n ferry, boat, of which Tiler master was pre¬ sumed to have had notice. IMMAOK 10 V1S8KL8 AT ANCHOR. Where, by tliedrlftingof one vessel which had lu-L'ii properly fastened, another was compelled to change her mooring to a more exposed position where she foundered. Held—That It was a case of Inevitable accident lor which the former was not re¬ sponsible. A steamboat—Held, liable for running t'iroiigh a narrow channel with excessive spied thereby creating a swell which .sw imped ncannl bont lying moored to a wharf; but costs.wcre refused lo libelant by reason of a delay of thirty days before giving notice to the owners of the s.camer of tiling his libel. A ve-scl.—Held,, libel lor a collision occasioned by her not putting out another anchor when the circumstances plainly re¬ quired that precaution and the master had know ledge of tho danger as was shown by reason ol Ids having directed" that another anchor be got ready to let go immediately, and that ho be called at once If the vessel should begin to drag. GENERAL NEWS. "Gen. Sherman's mother, aged 83, jtlH lives in tho liouse where he was hum, In Perry, Somerset county, 0. McGcoch, the bankrupt' lard kinc ol Chi¬ cago, snys that he Is cleaned out lliiuncially, and can not raise folio, tut means to.go to work again. Unluth .wheat dealt rs will now- have to lace tho Minneapolis millers, lust as Lhiluth lumbermen have had to tight Minneapolis lumbermen. Colonel King, qf Texas, has sold ids ranch and catUe, near Sim Antonio, lor $4,000,000, to an English syndicate. Tills Is said to bo the largest ranch in the world. The property of the Chicago and Lemon t Stone Company, at I.emoni was taken into llie possession of a sheriff on an execution from the Circuit Court in Chicago, amount¬ ing to 1150,000. Holh Haitian and Courtney are enlered for llie VVatklns regatta on August lltli. it s to be hoped nothing will prevent their forth that he la n man of good character, and thnt he hna not been previously married. Sailors and cominercliil travellers will give MexUjfeKlvldo I'orth. . ", ' QiffijjIl'lVclib/ilis noted English- swlm- inar, Tmt Ids lilo Tuesday In attempting the fool-hardy feat of swimming through the .Whirlpool below the Niagara Falls. Ho started from the Maid or the Mist Rnplds, through which he passed safely, but when ho cntoro^ tliu'whirlpool, where the waves are lashed thirty and forty Jccl high, lie disappeared. Ills body has been' recovered! him since. \ T. Ord, son of General E. C>Ord,Mvho died of yellow fever at Hnvaiui Mondny-, bus gone to Havana to arrange for the dis¬ posal of tlio reiualrs of his father, which prqbnbly cannot be removed until cold weather seta In. Young Q.d came heroin company with General Trcvluo and-his wife, who Is the daughter of General .Old, and several other Mexicans who are on route to New York, and will proceed thereat once. Mrs, Trevlno is overcome with grief nt the loss of her father. A Texas Judge recently Jogged the memory ol u witness in a way that Is whole¬ some, and IiIb example might be prolitably followed by courts nearer home. The witne-s, who wns called to testify In a criminal case, did not remember an) thing about what he had seen a tew'weeks before. The Judge lined him $500 and sent lilm to jail for 6lxty days. He then agreed to recull the factsdesired If theseiiteiu-e was remitted, and when brought Into court again testified with nlnerity. BOOK NOTICES. DIO LEWIS'S .MONTHLY We have received tho Initial number of [)lu Lewis's Monthly." which is devoted to. sanitary and social llie and promises to fill a want long felt In magazine literal me, the prop t training of voting girls and boys physically and mentally. The leaching Is Iiiadc so practicable anil enlerlatulug, by representative cuts, that the young people would be as swift to learn fioni it ns they are hidlfl'cteut to othei modes. The Lewis Monthly also contains many valuable sketches nnd short, well pointed stories by good authors that will be read with interest by-all. Dr. Din Lewis wns bnnf at Auburn, N*. Y.. In 1823, look his medical course at Harvard Medical School. Unatot!, and be- gan practicing medicine In his native place In 184."i. Besides willing a number of valu¬ able papers on the causes and treatment of cholera,<which will be louud vciy pertinent at the present lime,) his labors hnve hem varied, interesting and effective, lira object now is tn illustrate t.he iiossihllitles in the physical development ol girls In their school life. He lias already established a school that will accommodate two hundred persons, and which has pmved a gieal triumph un¬ der the direction of a large corps of tho be<t teachers l» he had. J>. Lewis has removed, to New York City, where lie will remain to crown his life of labor. rilKCKN'IL'ltti In keeping with its midsummer holiday character, ihe August number contains an unusual number ot short stories and striking Illustrations, as well as poems nnd-artlcles adapted to summer reading. The number oilers, III addition to the most ciitcrtnlning rowing a nice which will settle Courtney's pa.it yet given of Mr. Howell's "A Woman's and retire from public pretensions view. A cable dispatch announces'that the Cu- nn.nl steamship Hue have entered Into con¬ tracts lor the construction ol two new steam, ships for their line between NcWNftak and Liverpool. Toe new vessels will be otV8,000 tons burden, and 13,000 horse power ench. The Portraits on the new postage stamps that come In use October 1 are: One cent, Franklin; '2-cent, Jackson;3-eeikt, Washing¬ ton; 5-ceut, Gurlleld; O-cout, Lincoln; 7-cent, Stanton; 10-eent, Jefferson; 12-cent, Clay; 15-cent, Scott; 30-cent, Hamilton; 00-cent, Perry. Mr. J. E. H, Gordon, the omlnont English electrician, has been a strong advocate of small dynamos driven nt a high speed. Now, after serlcs^ot experiments, be tliidsthata large machino driven at a comparatively slow rate gives Incomparably the best result mid does not endanger life by flying to pieces,—Scientific, American, Before a uiaii can get a license to marry In Mexico he lias to present n petition signed by n certain uninber of repntiiblo citizens of the place where he formcily lived setting Benson," the llrBl part of a stirring romance called "The Bread-winners," which will run thiough six numbers of the magazine. The scene of the story will be readily recognized as a nourishing city on Lake Eric, it Is anonyii ous lu the editor as well as to the readers of Ihe magazine, the author's deal¬ ings with tin- editor having been carriedou through a tnlid person. Humor Is the char¬ acteristic of the. short stories' which com¬ prise "The New Silk Dress Story." by James D, Hague; "Tho New Minister's Great Op¬ portunity," by the author of «EU" nnd the Village Convict;" and another group of Jo¬ el Chandler Harrik's 'Nights with" Uncle Remus." . The frontispiece nrid an admirable essay by Henry James, have to do with the load¬ ing French novelist of the day—Alphonse Daude't— whom Mr. James places nt the head of living writers ot fiction. One cannot look nt the portrait of Daudct's sensitive nnd ro- j upon the "Works of Mr. Watl'a nt tho Uros- venor Gallery." John Burroughs hna nn admiring and judicial word to any of "Cur- lylo," apropoa of tho reminiscences and let¬ ters, including those of Mrs. Cnrlvlo. "Bob White, tho Game Bird of Amorlcn," Is the subject of live first Illustrated nrtlclo. It Is by Prof. Alfred M. Mayer, of the Stev¬ ens Institute AT Technology, who Is nlso a "Selentlllc" sportsman, nnd who glvoB prno- ticttl auggc8tiona for shooting "quidl"—n misnomer as tho writer shows, for tho bird willed has acquired the popular and fitting niinioof Bob White. In ••Under tho Olives," Mrs. Blanclardi describes olive culture in Bomhern Europe, and gives Interesting In¬ formation.rcgnrdiiig tho successful efforts to irrOw olives in California. A humorously Illustrated article Is Robert Adams, Jr.'a de¬ scription of "Tho Oldest Club in Amnrlon," the Phjlndclphln Fishing. Association, known as tlio State In Schuylkill, which ro- sombles the London Beefsteak Club. In "Tho Present Condition of the MlsslotiJlndi- aus in Southern Caliiornm" (profusely Illus¬ trated), li. II. concludes her historical sketch of priestly devotion to the aborigines and of governmental neglect and Injustice. The poetry of tho number Includes flvo "Songs of tho gen," by dlll'eronfwrltors, ae- • companlcd by a full page engraving, "The Rock hi tho Sen" by Elbridge Klngaley, which wiib drawn With tho graver; two uages of ■'•Love Poems by Louis Bnrnnval." edited by Charles do Kay; a page of I'PoeniB" by Roberl Underwood Johnson; "The Voice of D. G. R." (Dante Gabriel Rossettl), by Edmund VV. Gosse. and other poems. "Topioa^gf the Times" dlscussqs "Cnuotia Rplorm," "Vlcnrlous Benevolence," and "Vagrant Parsons," Among tho "Open Letters" Is a rejoinder to Oliver Johnson's letter In the Century for Mriy,by Prof. Leon- 'aid Woolsey Bacon, who asks "Did Aboli¬ tion Abolish f" The August "Brlc-n-Brac" comprises an nniiising-satlre, by ,-Frnnk R. Stockton, on anonymous authorships, enti¬ tled "The Author of- 'The Lion nnd the Lamb' " and a variety of bright and humor¬ ous verses bv II. C. Banner, Waller Lea/ned, Parniciias Mix. George A. Hlbbard, and Frank Dempster Sherman. THE AILANTIC. Th,e August number of the Atlantic con- tilns two additional chapters of Mr. Craw¬ ford's new serial "A Roii'im Singer," which is attracting a great doal of attention, both for its own merits nnd ns helot; tho work of the writer of the popular novels "Mr. Isaacs" Dlo-j-nnd "Dr. Claudius." Mr. Lntbrop 's "New. port" serial, ol which throe new chnptora are given, naturally has a special Interest for the frequenters of that seasldo^resbrt, but Its Interest is by no means limited either to that place or to those who have been there. Rev. Brooke llerford contributes n remarkably interesting paper on "The Trustworthiness of Early Tradition," show¬ ing that It is not at nil unreliable hearsay or gossip, hut, ns a general fact, can be accept¬ ed as valid history, at least as the facts were undeisiooil by those who transmitted them I rum one generation to another. "The Hare nnd Ihe Tortoise," by Snrah Orne Jewctt, Is a story which will be read with great satis, lactlon by those who know how charming Miss Jewell's style Is, and whntii wholesome, cheerful iiluroipliere pcrvadis her stories. Henry James w riles of "The Country of the Loire," as the second of his series of papers relating to French country scenery nnd Hie, entitled "El Province." Ernest W. Long¬ fellow , sou of the world-fnmouB poet, con¬ tributes nil excellent article on "Reminis¬ cences of ThonuiB Couture," the famous French artist. Miss F. C. Baylor Iihb u pa¬ per, at once authentic and curiously Inter¬ esting, concerning Virginian llie, entitled ••In the Old Dominion.." Charles Dudley Wnrner oonirlbutes another ol Ids sagacious nod hui(mimis travel sketches, "Around the Spanish Const." Olive Thome Miller, who has a peculiar felicity III w riling on subjects pertaining lo natural history, furnishes an admirable "Study ol a Cat-bird." Prof. Herbert Tuttlc writes of "Academic Social- Ism." a Ihoughtlul article which cannot fall to challenge the attention of a inrgo body of intelligent renders. The number contains poems by Mrs. Plait. Grace Pernio Litchfield, nnd Charles F. Liimmls; reviews of several important new works; and tlie"usual eollee- llon of bright, briel essays in tlio Contrlbu- torst-Ulub—the whole making a remarkably good summer nuinbei of the Atlantic. antic bend without caring to know what C"K° murine hospital. Work on the lighthouse near the mouth of Sturgeon liny Is progressing rapidly. The light will be erected at what is known as Wolf's Head. A Canadian sailor lost nn arm on the barge J. II. Kitchen by having It caught In tho bight of the line. He wns taken to the Chl- Mr. James has to say about the man and his stories; nnd after reading the essay one feels less surprise Hint the author of "Les Roi.s cu Exil" arid "Numa Kouincsian"—two In¬ tensely modern stories—should in outward semblance, Rtiggest it Provencal troubadour born after ids lime. ({. W. Prothero con¬ tributes an art essay, richly Illustrated by engravings of Ideal pictures and portraits, A barge In tow of the Nile lost hor deck lnnilof buiichwood whi|e.on the way down Tiifsday. The "wood-pickers'* made a haul, ns quniltltles drilled iialiorf out King street. The wood Is n portion of the cargo of the barge lletlfonl and belonged to cluitl- wick A. llopplns, *l'li*» barge got water¬ logged on die way down.