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THE MARINE "'RECORD. MAKIN.E LAW. COLLISION CASK. VlM-MmiraUy Court, Quelxo. Scpt.\l8,1SSS. • Wliero two alilps In tlio harbor of Queued, from tho vloloncc of the wind nnd forcoof tlio tiilo, wore nculJentnlly brought Into audi proximity tlmt oneh bud u foul berth, both hold tp liii |n limit for not ndnpllng tho'pro. per coume to relieve thurn. from tliuir porll- oii» piidlllnnu nml thereby avoid it cdIIIdIoii, 'l Judgment,—Hon. O. Oklll Stewnrt.—TIiIh ■suit ngnlimt tlio Arrim, h BritUli bark of 1,003 tons, tuiB lic.uh brmiRht by the owner* of the llocti, u DhiiIbIi bnrk of 1,002 tons, for dnrnngos iirUIno; from u coJIUIon on the 13d of Mny ln»t, on tlio upper liHllimt groiimi, In the hnrbor of Quebec, tiboiit 10 o'clock nt night, ne canned by the negligence of the former. The Arrnn wnn Inden nnd hud been there from the dny provloun, held by her •larboard itnchor until between two mid three o'clock in the afternoon of the 23d, On the north, the Quebec side of the river, there lay next to her the Albortine, nnd further In shore, the Qntlilitiu. The wind wns from he cant, n gnle with n heavy bwcII ; the tide hnd.btU turned to ebb when the Moimi In balluet anilt'il up the river, carrying her up¬ per topmillti, paused the Arrnn between the Albortine nnd Gntlneau and dropped her • atnrbonrd anchor, which broke oil wltli 45 fathoms of chain. Her port anchor wiffl then cast and after drifting she entile to. At six o'clock In the evening, the tide ebb, the Arrnn nnd tlio Moen were In such- danger¬ ous proximity that when swung to the ebb a i collision appeared to bo Inevitable, nn antic¬ ipation afterwards realized. The promoters have represented that about our o'clock In the nfternoon, when the tide had turned to Hood and the Moeu hnd swung to her anchor, the Arrnn, then lourniid n half oablos length lower down the river, be¬ gan to drag her nliubor nnd approached the Moen until within flfteeu fathoms on her port side ami so gave the latter a foul berth; and further, that about ten o'elock p. m., when tlio vessels began to swing with the ebb, the Arrnn collided with'the Moen, her jlbboom becoming foulof the port ilintn rig¬ ging of the Moeu nnd the stnrboard bow of the Arrnn coming Into contact with the Moen's port Bide between her uiahi nnd ml/Hen rigging. ' T The counter allegation of the respondents ia, t|uit when the Moen eauie to niiehoi she attempted,, but unsuccessfully, to do mi lo the iiqrtbwcst of the Arrau, but lulled, and was* so close that she gave her a Ion I berth. That the Arrnn did not drift, but us a mat¬ ter of precaution at six o'clock In the alter- noon, the tide being flood, She dropped her port anchor with forly-llvc- tathoms of chain, There' Is no cross action, no protest was ' made by tlio respondents, as no damage ap¬ pears to have been iualnlncd by the A nan, Upon these IssueB the evidence has i>l;,l>- Ilshed Unit the Arrau Inn! been at anchor from the day previous and win, held upon her stnrboard anchor, when In the afternoon the Moeu was driven frt|iu the place where It was Intended that »he should anchor by ho breaking oflier chain, ton plaeu inure.to the south of the Arrnn and highur up the river. There Is no doubt that the two ves¬ sels, after the tide had turned to Hood, bad each of them a loul berth, so much ho that nt the ohb when the vessels would have to • wing with the tide,a collision would lie In¬ evitable If they, respectively, held each lt» position Upon the questions—1. Whether the Moen on anchoring gave the loul beith " to the Arrnn, or, 2. Whether the Arran nt- tcruards dragged her anchor and drifted up the river »lib the Hood too close lo the Moeu and so gave her a foul berlh, Hie tustlmony Is iiminunlly conflicting, the dincropancy be¬ tween Die two varying Irom four and a hull cahlts length, as stated by the witnesses ol the promoter, to uliiiHl u ship's length, as Stated by the respondent, as the distance at . ' which the Moen anchored higher up the river than the Arrnn. After n very enreful consideration of the matter, It appears to me that although the Moeu missed the place of her selection for coming to anchor she did not cou.e up so close ns to glvei tl|e foul berth as clmrged against her. As respects ' "-•, the Arrnn, I think that she did drag her. mi- ohor hut not under such circumstances as to justify the charge of negligence, the gUtof this action. It Is evident (hut the phiee IIrK selected by the Moen was a uafcr one for each vessel,and tint, hnd she not broken her ohaln and drifted, thero would have been no collision. As It wnn she lay almost anteru of the Arrnn nt the flood, The latter .wu> it vessel Indon nnd therefore ihnro npl to drug her anchor than one in ballast. The wind was n gale, the ballast ground was crowded wltli vessels, When the. Alhertlnc enmo to alienor boforo the Moen broke her oliain alio hnd come Into collision, not only with the Arraiibut'iilao with the Gntlncnu, nnd the muster of the Alhertlnc has testified that there were hut a few of the venioln which nrrlved nt the btillnst ground nt the tlmo that got oil' without the losa'of nil anchor or com¬ ing foi.1 of another ship, mid the pilot of the Moon hns attributed the loss of her anchor to thu violence of the gale. I tint, therefore, disposed to attribute the proximity of these vessels nt six o'clock on the evening of the 33d of May to the difficulties into which they hud been forced by wind nnd tide rather than to negligence in ejiher; and hud thu matter rested horo tlio judgment would have been In accordance with rtich an opinion. But at that tjine the case hud assumed a very dillcrent lisped. At six o'clock and during, lour hours afterwards, It Is certain (but these vessels occupled'such reliillve positions un¬ til the turil of tide to ebb at 10 o'clock lis to render n collision certain. The master of (he Moen has testllicd that when the Arran brought up Kbruasi of her she was so close that when the vessels swung tl ere would be a collision, and that without the assistance of a tug It would have been dangerous for either lo drop down the river,owing to the great numher of vessels In tlTiTvlciulty. He has said also, "We did not ililnk of moving because our pilot said we were not to blnino, aud I wiib awnre Hint If one of the vessels was not moved n collision was Inevitable. The chief mate of the Annii was lu charge ol her during the afternoon until half past nine o'clock, half an hour before the collis¬ ion,when her inastcr,who hnd been ubseuton business connected with his vessel, on com- lug on board culled out: "How the deiuiu bus that ship got so close to us.," uud ho said Unit he could hiive' "chucked a biscuit on board of her." It Is proVad that nt any time during the four hours that I have men¬ tioned these vessels could havobeeiiiellcvcd I from impending danger hy'the use of a tug. It is plain that one would not give way to the other by employing .one, but would rather stand the consequence ot a collision. Now it has been deiennlned that lu coining Into hnrbor If Is the duty of iniirlnerMto pro¬ vide for their own safety and that of oiheis, aud not to wall till the moment of danger." (n.) Also, that It'ls the duly of every vessel seeing another at anchor, whhlher In a pro¬ per or Improper plnoo, and whether properly or Improperly anchored, to avoid. If practic¬ able and consistent with her own safety, a collision. (/>.) Again it i» necessary thai the I measures taken to avoid a collision should nrif^only be right, but that Ibcy should be taken lu time, (c.) If circumstances cvl-. 'dently iind>cleiirly requiring prudential iuea-ii.es and llione measutes are nut taken, and I he nuturnl result of such omission Is ac¬ cident, the court would be Inultned to hold the parly liable,even it such result wns only p».»ihk. (d.) lu n enuso ot damage both t-hlpi are*equally blumeable lor not taking (he necessary precaution to prevent acci¬ dents, and tlio court awarded one-half I he value of (be plaintiff's loss' against the de¬ fendant (e,) and by the modern practice ol the Court ot- Admiralty the defendant is x'oudemued lu a moiety of the damages of the plnlnllfl's vessel. (/.) It was lu the power ol each of tlienu vessels lo avoid a collision by ajirecauliouary measure; the employment ol u tug; In fuel tunru was one near I hem . That each should quietly ■ wall tor a collision is nlmosl Inconceivable, n rc> result that might have been ntteuded wiib loss of life and propert). They ha\e each courted disaster and inuft mutually abide the consequences. The judgement of the court Is. considering that there Is no cross action, that the Arrnn tins not suffered dam-, age, or made a protest, hut that the Injury done by the collision was conllned to the Moeu, the amount of the damage be paid by the owners of these -vefsels, respectively, each a mnleiy without costs to either. («,) l'rlf. Dig. p. 172, No. .107. (/<.) The Butuvler, four notes of eases 35(1, 2 W, Hob. 407, 10 Jur. 10. (c.) The Tildeuf Splnks 222. (<1.) 2 W, Hob. 210, 8 Jur. 131, three notes of cases 5. (e.) The Favorite, 5 (Irl»li) Jur. 118. (/.) See l'lilchnrd's Dig. p. 130, No. 31. GENERAL NEW!}. . There, Is n propositi of the ostnbllshmeiit uf u line ol ^tcnniers between the Mcdltor- riineaii nnd Baltimore, It Is rumored Ihat-tho Atlantic nnd Mexi¬ can Gulf Canal Company (the Florida hnrgo cnnal) has been sold to an Kngllsh syndi¬ cate, ' • - , Storms still rage on the British const, ao- compniiled, by high'tides nnd shl| ping disas¬ ters, The city of Limerick lu pa tlnlly «|ub- morgotl. . ' ' Four hundred Chinese snllort) will be doapnh-hed Irom Shanghai to Gbrnmny to man thu Iron-clutU which are belntt built fur the Chinese Government. I . • - The stenmshlpr Sllvertown, which ranks next Is size to the Gront Eastern! recently 'passed Bafety through the Jetties ut the mouth of the Mississippi, and - discharged a cargo nt Now Orleans,, * Captain Robblns.ol the llfo saving'service, and Jessie Hpaiildlug, ol Chicago, have seleuted a she for a now'Hie saving station at Sturgeon Bay, and the station will he built lu the spring on the land on the cans! cut ceded to the government by the Sturgeon Bay Ship Cnnal Company, of which Mr Spauldlng is president. Holmes and Bracken, the men arrested at Halifax Wednesday as being dynamiters* allege, that they Intended to use the ex¬ plosives lu mining projects, but n watch¬ maker claims Hint a Ihlle clock, found In the vnll.Se of each man, Is contrived to explode the dynamite, which It has been ascertained, is of unusual strength, colliding 75 per cent of nltro-glycerlne. Among the villages destroyed by the enrth- quuke In the Grecian Archipelago and Ant- tolla were Katspanay*, Heis, Dure, and Lliljn. The Inst named Is cclchrntcd for Its baths. The homes ot 20,000 people are fu ruins. Slight shocks nre still felt on tint, island of Chios. The British Admiral has sent asslBt- ancc to Chesine aud Chios. It In believed inly 2C0 death wero unused by the earth¬ quake. * On October 0 the steamer Athabasca (Rr,) from Glasgow for Lake Superior, was moored at the entrance to the canal, Montreal. She Is over live feet longer than the distance be¬ tween the locks, but It Is pinpiiKctl to over¬ come that diitlculty by luadlng thu bow ot (ho steamer lo such an extent that the stern rail will project over the lock gate. It this can be doire there will be no further trouble, as the hull Itself can be accuinniodnled lu the lock.' Filly thousand people attended the celc brath'in at New burg, N. Y., Thursday of Hie anniversary OT Washington's farewell to his army. The streets wero guyly decorated, mid the procession was lour miles lu length. Senator Bayard, of Delaware, was I'resldont of the day, nnd ex-Secretary Evans was orator, both gentlemen delivering eloquent addresses, the first speaker sketching the scenes of revolutionary times, aud Mr. Evans eulogizing Washington a* the patriot, soldier, uud stntesmau. Pyrotechnics and socin) re¬ unions closed the events of the day. Statisticians ol l.nudoir nie a little sur¬ prised in a review ot their ligiires lo llnd that t lie repmled actual wraith ol I he Dulled Stales exceeds that nt the Unheil Kingdom by nearly »1U,000,000,IHMI. Taking I'll to account bouses, furhlluie, cattle, hinds, bullion, etc., the United Stales is worlb 110,770,000,000 while the other power has lu loniid numbers l-10,000,000,000. There la however, a smaller average ol Individual worth bcro,,belug but 1996 to their ♦1,100 per capita. The, per cent- ugu of rcmunerutlonlo labor Is much creator here, being 72 parts, while it is but 5U In Ureal Brltlan. Captain C. S. Lunilhorg, Ihe inventor of a steamer which, lie says, will make the pass- age acosB the Aliunde ocean in live and " hall days, Is Hying lo have our government adopt his design for embers ol great speed and Cjtpablu ol carrying a few guns of great weight. The- inosi prominent fenture of the design Is thnt of so constructing the main body of the ship astern ns to divide the wider horizontally lustend of vertically, thus providing lor the use ot twin screws of (ho largest propelling power, with their shalts supported within the ship's lower hull. .By this means, InccAnblnntion wlthgreat sbiup.' ncss of lines and other ndvanlngesTlt Is claimed that ships niny.be built according to the proposed designs that will make upward ol 21 knotj per hour. . Tholntor-Oocan sayatlio tUBovvteraof ■ Chicago arc -up In arms" M»ln«.lta, smoko cpnsumer,. It Is found thut thei steam In¬ troduced 7I,.to the ■flro-boxcB Inak hollers leak mid ondnngera holler, boat, and crew irom explosion. .Yesterday twenty- soven tugsX"0 1»ld »l» *J'" l6nky , ' cnuscipttf the stenm plan. of. smoko oon- -fiimien!. There will be an organlnod protest . tithe cltrH-'thorltles against tlio oonsumora. It Is understood that the United SUiUm steamboat Inspectors will rule against he consumers, and the coiuqst will then bo be¬ tween the blty nnd the general government. If tlio stoainbont Inspectors my so the tug owners will at once abandon the consumers. SUl'ERVlSlNG INSECTORS TO. BE ~ INVESTIGATOR;*. Some time ago the Makink Rkcoiid callod ullentlop.to the absurdity ol Ideal Inspectors Investigating causes ol explosion on board a bout whlchholds a certificate from thorn, considering that they would not' ho llkoly lo'. discover facts which would prove their In- ,. competency. The toljowing bus been ad¬ dressed to the supervising Inspector of each district: - TltKASUBY 0KPAIITHKNT, WASHINGTON.— Gicntlkmkn : lu vluw of well grounilod complaints of the Impropriety of h cal In- ■ spec'orB Investigating dlsiiBlurs to the hulls nnd bollei s of stenm vessels ufter certifica¬ tion by themselves thut such hulls or bullets uru sale, you are hereby directed, when accidents occur to stenm vessels through alleged defects to either hull or hollers, to conduct such Investigation personally, under - the authority uoiifurred by seetlou 4,400, Revised Statutes of (he United States, as tollmvtij "Each supervising inspector shall | hnve full power, in any district where, front | distance or other caiisc, It Is Inconvenient in resolrt to 'thu local board, to Inspect any- steam vessel, jind the butlers of such steainer, and to grant ccrillleiitcs of approval, and to perform nil the duties Imposed upon loeal boards." Secilon 4,407, Revised Statutes, requires that "If the supervising Inspector has good reason to believe there has been, through negligence or other causes, a lailure of the board which Inspected the vessel to do Its duty,.he shall report the facts, In writing, to the Secretary, of the Treasury * * *." The qirbs(l6n of supervising Inspectors assuming original Jurisdiction In Investigat¬ ing I ho.conduct of licensed officers of steam vessels, and revoking, and suspending licenses of such nfllcors Independent of the provisions otseu(Ions4,460 and 4-,'l52,lievised Slntuies, wns submitted to the Sillcllorof . the Treasury bj thu Supervising inspector Uer.oral of Stenm Vessels August 8,1881, nnd on August 27 following, thu Solicitor ren¬ dered un opinion In writing (copy Inclosed) alliriulug 11)0 propnrillon. Yi<u will* be governed by the terms of .this circular letter In thu - case of accidents to sieaiueiis, such as relerred lo herein, In aH cases where such accidents are in be Investi¬ gated within the jurisdiction of the local board of Inspectors who Inspected and certi¬ fied the steamer. Vory respecllully. John C. Nfcw, Acting Secretary". C, O. Mnxou reports thut nothing remains of the schooner J'eireh^ John Qiiliiu, the Detroit Dlv'cr, has uiado a contract to release the schooner John Wesley, ashore at .Windmill, lie Is lo begin operations at once. The wiecking expedi¬ tion is now on ihe way from' Detrotl. Thu propeller Ontario, having been re¬ leased Iroln v\ here she grounded, near Nlue- inlle l'oint, by the lug Martin, will go Into drv'dock ul Detroit for repairs. ■ A lively ciuitesi look place between the lugs James Ainndcus, Captain Elgin Bow en. of I'at Smith's Black Slack lino, and thu tug American Eagle, Captain Dahlke. The last named tug challenged the former to a toHol pulling strength, which wns accepted, nnd the trial came oil' In the vicinity of Main street bridge. The stern nnd forward lines of the Amndeus were thrown to the Engle, uud when made fust each slnrted forward in opposite diicctlons nt the signal uf the whis- ' tic, but It wiib not many minutes before the Amadous hnd the best of the contest, and both tugs wero moving "down thu creek." The Eagle blew her whistle us n higunl to stop, but not being so understood by Cap tain Boweu, he kept right on, and to shut od the further contest Cuptalu Daliike seized un ax nnd cut the lines. A BIBLICAL TRUTH MODERNIZED. The results of thu Inborn of the Committee of One Iluucrcd In the Interests of political ' eupnomy nnd un honest administration of thu municipality are indeed remarkable, yet they lade into comparative lnslgnilluauce when cuutrnsied with the stupendous phi¬ lanthropy of Dr. Sn'nync, Sluco thu Introduc¬ tion of Ids ointment lor Itching piles thous¬ ands of sufferers have been radically cured of tormenting itchiugs by night and day, thus carrying out the Divine injunction to "help tho needy and nllllctcd."—iVifhidefjififa 7't'uicg, r "> + \ ^_