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THE MARINE RECORD. •j- MAlUNE LAW. I.II1KI. 70,11 lUM^OKH. duuldo tlmt the whistle glirimls were given too Into to nitot tho reqnlroments of tho rules The facts In this cnsoTvcre'brlelly in foljj pf*"«vlRntion, nnd'niys: "Both tiiRfl murt lows: In December, 1878, .Tames MoXcnso Blilppcd nsdcekliaiid on the stciinihoiit Cons, MIHOr, for 11 round trip, from Cincinnati,to •Memphis.- While the boat was landing at Mount Vernon,' Intl., between 8 and II o'clock, McNease Bllpped so that oncof-Ma legs got between the boat and the wharf- boat, and wns Injured so that death resulted some twoor threo weeks ufterivurda. It was allied Intlielibui that death wild caused by the negligence of the mate and of the master of the'Cons. Millar; and'It wAs further chargcd.that the piaster had failed tcpi'ovlde prompt medical utlcntlun for the deccasedi (or all of which negligence It was sought to hold the owners of the boat liable. Judge Sage, In deciding the case, entered Into a lengthy examination of the testimony. Admitting that It was the mate's duty, when lanoiug, to liavc-the fenders thrown over¬ board, and that, had this been done, the ac- njlduut would not have happened, still fen¬ ders are not Intended lor the protection ol life and limb, but for the"protection of the boat, and the mate owed this duty, not to the hands, but to tho owners of the tipat. j'1 In reference to the alleged Improper limdiiJg; and the failure to histeu the boat with astern line, the court held that these were matters of judgmept, and that the owners of the boat were not IWe for a lack of tho best skill and judgment in the olllcers employed on her. The burden of the proof In establishing the alleged negligence v as on the libellant, and this imu-t he done by a preponderance of testimony. Not only .had-the libellant failed in this respect, but the lespoudent had succeeded In showing, by a piepoudcrance of evidence, that the accident was not [ho result of negligence on the part of either the mate 01 the master. But supposing neglect had been estab¬ lished, the court held that ulidor the ruling as made by .Uidge Jltmvu, In the aautlienL district of New York, In the case of the City of Alexandria (17 l"ed. Kop., 300), the own- cis of the boat would not be liable in admi¬ ralty for the Injuries caused to one of the hands through the neglect of one of the olll¬ cers of the boat. In that case Judge Bro» it clearly shows the doctrine ol respondent su¬ perior does not apply in admiralty, 'so as to ' make the owneis liable for injuries caused to one of tin- hands (liiough tile negllgenm'" Ol one of the In it V jifllceis. ( ounsul for II- hcllanl contends that the en»e wasa.sultia nm, whereas this is one ju. pasuuum against (ha-owners A pei-yeal of'Judge tf.-,Uiown'» decision,' however, show* that 'he <Ju»stion.'involved iji thut .case^nraB iiei, .' whether the leincilv.should be in rem qr- ii • j'hsoiiam, butiuliutlicr'there WXb-nny llnbtl. therefore ho hold In faun, and judgment or dored ngolnst both, with costs.," A raforonco is ordered to compute dapiages.—Maritime art/inter. f^'ntCiiBions will never prove a success. General Haldernuin, the American Minis¬ ter to Slam, writes to tire Department of ityatall on.the part of either the boat or her owners. This question Judge Broitu-HStirt6\ that the Krench engineers sent out decided In the negative. The court'held by Ddl-ebscps and the Hail Canal Company there was no substantial dill'ewince^between the facts ol that case and of this, and even ll the libellant had established tin) negligence alleged by him under the law In admiralty, the onueis ol the boat uoiilil not be liable The libel was mdeied to be dismissed.—J/u- tnie ,/oui mi/. COI U-sJON C\Sh. Ctiital Mulie Put. Court, Xitr yua, Oct. .'i. Ilelore Judge Hroiin.—Hlchard 0, Morris against tlie steunilugs Wlllliini II. Heaman anil James N. TliiiiiiMin for the lecovery of <lamages for Injuiies to libellant's canal boat F. F. Siuddiird, in low of the tug Heaman, through a collision wit), the-scow Kmplre In tow ol the tug Thompson, on heplembor 13, IrM), about III 0 leel oil the BaigeOIUee, near the Battery, New York. '1 he Heaman hail the Stoddard lashed upon her starboard side, projecting about thirty leet ahead of hei bows. She had lelt lloboken about 11 a. m., bound lor D'elancey street, K. It. The tide was the last ot the ebb, In both the North and East rivers, and the Bemuan rounded tho Buttery some. 300 or 400 feet ofT shore. Tho-Thompson at the biiuio tlmo was coming out of tho Eust river, having left Xewton Creek with the Kjnplro In. low, upon a.L'O fathoms' length hawser, bound lor Wceluiw- kon. She came,down aboutthe center ol the East river or a lltpe neurer the Now York Bhore. She was In charge of a deck hand, who was acting at pilot, the captain being below at dinner. The court, after re¬ view lug the testimony given on both sides, | .. OENEKAL NEWS, It is stated that the total llabllitlon-oi John M. Gllddcn, Soeretary of the Itepubllc Iron Company, will tench (1000,000. It Is cstimntcd that 4,000,000'postal notes, representing a money value of $10,000,000, will bo used during tho year. A Greenland soal weighing over two hundred pounds-win recently captured near Stamlord, ConnM byryOTlBhermen; The Secrdtnry of.the Nnvy awarded the contract lor armor plate for tho turrets and pilot house of-tho Monitor Mlantonanuih to nn English firm T|ie Anchor Hue Intends, It Is said, to withdraw its steamers front the trjido be¬ tween Now York nhd Liverpool. Its pas¬ senger lists were not full mid tho service was not proiltable. , A new Insurance company has been formed fn London lor tho purpose of coll¬ uding the business of marine Insurance, upon the mutual principle as regards, tho division of pro'Us among policy holders. The Swedish and Danish Governments have decided to lay down a new submarine cable between the two countries. The cable, which will consist of four wires, will bo Mild from Ilelslifgborg t<i#Klisliioro Via the island of Ilveen. ' A good deal 'more lumber will be .kept over this winter than expected. One shipper will carry over 7,000,000 feet. The causo Is .the high rate of canal freights, the owners preferring to lot their stoqk remain here thiin take it to Buffalo and Totiawauda and niu the j'isk of having canal freights come down to a Bhlpplug figure. The Iron steamship Sail Diego, of 2,R00 tons burden, brdlt-forthe-Oregon Railway-) llttei and Navigation Company^ was recently launched from Roach's shipyard at Chester, This vessel makes tho tenth of the largo ojass of steamers built for this company, eight ol which weic constructed at Air. Roach's,ship yard and two by thcMessrs. Cramp, In Phil¬ adelphia. The new composite slcmner which Is being built at St. Cathaiines, forCjiplain Sylvester Nclnon will be the largest rnift ever engaged In'the Welland canal trade. The monster crafl Is attracting considerable atteulio^i in marine circles, and Its advent Is looked for¬ ward to with considerable cprlojlty by those who believe tluit a "punier". of, her dl- to make survey of the Isthmus of Kraft In the Interest ol a projected ship canal across the Malay Peninsula, uniting the waters of the Bay of Bengal and the Gulf of Slam, will report against tho practicability ot the sclu-uie. Tin- cutting ill halves ol steamer Athn- bn>-kii (111), at Montreal, has beoti completed, and water was let into the diydockon Octo- bi>i '20 wlih it \low to setting her allnal, tills being necessary to complete the separation of the two parts. When the dock became partly full, however, It was found that a small leak had occurred In the ship, and It was necessary to draw oft the water again to repair It. It was expected that tho vessel would be ready to float yesterday. TheGulou fleet of steamships has beon enlarged by the addition of the Oregon, n sieamer which is M0 feet long, If) feet wide, 100 inches deep, and lias a tounageof about 5,000 tons. As accommodation Is provided for o-l'i passengers, the iiirangeinenls for ventilation must be proportionally oP'ectlve. Tho cabins, stale, rooms, dining rooms, and steerajjes are 'ventilated liy -means of twenty-nlX patent ulr -pump extracting ventilators mid tweuty patent down casts. They aie.all'of 21-Inch diameter, with 13- Ineh pipes. By means of these .appliances there can bo no doubt, that tho traveling public will have all the sanitary comforts at sea that they can have In a well arranged hotel on shore, and this Is the principle which the owners of the fleet have In view. STEAMSHIP OREGON, N kw YonK, October 23. Social <\>rmpantlfnM Marine Rtmrd.' , Tho greatest shipping ovont of tho prcsont yenr was tho nrrlynl of tho Gulon Lino steamship 'Qrogpn jit this olty n few dnys ngo. In order to glvo n brief sketch ot tho most Important points In lliln grandest specimen of nn'vnl nrthUccturenivl marine engineer- Ipg, your correspondent bonrded her In tho Interest of tho MaiuSe Rkcoiib, In ordqr to mnko n few notes tbnt may bo of- particular interest to lakeslQc'rcndern. A llttlo over a year ago John Elder & Co, of Glasgow, Scotliind.-reoojved the cofitrnot to construct this marine wonder, nnd from that tlfirtfiip till Inst niontli "Bwnnm* of^tno-. ohniilcsnnd nrtlznns, sometimes numbering us ninny as it thousand nieuTlinvoBiirround- cd hor liken Bwnrin of bees round a hive. ' Tho Fairfield works, which nro now owned and controlled .by a single Individual, W. Pearco, Esq., aro the largest In Great Britain and, conseqilcntlv, In the world. They employ <l,u00 mechanics, artisans, etc., with a pny roll of $250,000 per mouth, holico h is that the name of John Elder Is known throughout tho civilized world. Returning to the object of my correspond¬ ence, the Oregon was built under the super vision of A. Bryco Douglass, one of Scot¬ land's greatest engineers, and a man who won the admiration of the British maritime community by tl o remarkable speed devel¬ oped In tlio tcn-cnrryftig steamer Sterling Castle,eriglncd by him irpon tho Clyde for the Skinners', of London. Tho Oregon Is about 7,000 tons .gross measurement, 520 feet long, 54 foot broad nnd 40 feet D Inofies In depth. The engines develop 13,000 horse powei, and have three cylinders, the high pressure being 70 Inches in diameter and the two low pressures being 104 Inches In diameter'ryllli a six foot stroke- All her plates were riveted by Swede's hydraulic muchlucry."s8he has been- i with -llwljleckn. -flie—(Irst-extemls the length of the ship, with tho excep¬ tion of the parts forming the turtle-back, forward and nft. deck, for ocean voyages, Is worthy the name ol a boulevard, for It gives, the traveler the walk of a mile In a little more tha'I fllteeh lengths, fbrwniil and aft, of the ship's deck The fourth deck Is capableof stowing away I'OOO emigrants aonlfnituhlji, and the entire ship has accomnioihitioiih for precious hu¬ man fielght to Jlie amount uf 2,000 souls nil told, a \eiliableconmopolltan town afloat. Tir-ninn this gieatt-st inailue wonder of modern time's requires the aid ol 160 men'of all grades, Bidlois, llreincii, stewards, etc., from tin- pioud commander down to the humbler butberr The Edison Incandescent lighting system Is the olio used to illuminate tho Interior of tills floating hotel. Two persons only un¬ accommodated In each stale room-, tho size of which is nearly 10 leot in length. Upon her trial tilp this marine loconlotlve accomplished a speed of 20 knots per hour, and on October 13th her day's run wns 450 nautical miles, the gtealcst distance that lias been accomplished by auvthing afloat. Al¬ though her gigantic motive power has not yet become smooth she made her maiden passage in seven days and eight and a hall hours, w h III] auger* well loi fast trips In the future. Thnl she can walk the water like a thing*ot life no one wouhl dispute altei ex¬ amining her piiudeiuus machinery, which has already gained foi her the leputatlon of ahoise that can Hot a mile In 2:22. This the Oregon can do upon tho trackless west¬ ern ocean race course. Her two enormous black Bmoki- stacks look like tubular boilers plnced on end with aperture at the top and are In sharp cuntrast wltlt her light yellow painted steel musts, which resemble pipe stems at a distance, and sli-iiill-r yards upon the foie and main masts, the inlz/.eu and Jlggei cat lying fore nnd al't canvas only. (The Anchor Line stoamihlp City of Rome, 8,500 tons register, only onr- rlcB yards on the foremast.) , In conclusion I may Mate that the Oregon has already been \ Islted by upwind* ol 15,- 000 pewions, mid on Sunday ln»t, October 21, no lesstbxn 8,000 people Inspected her. Her returnjjAnsengei- list Is conspicuous by con- trttniijglhe name of Captain James B.,Euds, of St. Louis, Mo., also Col. James A. An¬ drews and A.J. Cochrane, Esq. These three gcntloiiion nro going upon an Important visit to Groat Britain, viz., to confer with British capitalists In regard to bulidlrig n ship rail¬ way across the Isthmus ot Suoz to ooBt$50,- 000,000, nnd tobocomplotod'ln half tho tlmo •a second onnnl would require. They nro also going to rnls'o cnpltnl for tlre'fehnuntopoo ship railway. O- Fostkr Howbll. ' .------------- ■ ■---------1 Tho naval advisory board him recom¬ mended tho construction of seven new naval vessels. RATES OF DUTY ON SAWED LUM¬ BER. Tho following Importunt decision from the- tron8iiry department has been received In Chicago and was published In t,liu Inter- Oceiu-foil sjitiirdny the 2Qth.______________ TnKAStrtJMlEPAttTHKNT, Washington. Sin: I transmit herewith a copy ot a lottor, dated the 1st ult., addressed to tho Secretary of Stnto by Mbssis. McCrnckeii, Gnll & Co., of Toronto, relative to our action In assessing duty on certain pine lumber one-eight nnd one-fourth of mi Inch thick, according to the quantity as shown by tho surface measure¬ ment. Tho' firm named claims flint tho quantities should have been reduced to bon,rd measure. The lumber in question is under- stnod-to bo.llko other similar lumber, with the exception tluit It is thinner than the boards usually Imported. Schedule K of the tarill, found In the Revised Statutes (T. [., old, 215) Imposes n duly of one do'lnr per thousand feet on "sawed boaids, plunks, dejds, and other lumber ol hemlock, white- wood, sycamore and basswood." On "all other varieties of sawed lumber, $2 per 1,000 leet, board measure" (T. I., old, 215.) The department Interprets tho clause' first cited as meaning that all sawed 'hoards, planks . and deals of hemlock, whitewood, sycamore end basswooil, and other lumber made from those varieties of wood, weie subject lo a duty of 1(11 per 1,000 feet board measure. Then all other vaileties ol sawed lumber— that Is, other that those mnde of hemlock, whitewood, sycamore uud basswood—were subject to $2 per 1,000 feet, board mcnsiire. This leaves pine lumber subject to the higher •rate'of duty. The stnndnid of board measure is>4uchhijhlckiie«8, and the duty Is raised or. lowerSlScoTiltirgliirfho lnrnborl8~nbovo~ or below that standard in thlekjiess.' (See Decision No. 1,770.) Schedule D of the liylfl" act of .March 3,1883, contains the sahio pro¬ vision, except that the paragraph for "all The grand promoiimle-|-other varlutles of saw,cd lumber," subject to . a'duty ol $2 per 1,000 feet, is changed to "lill other articles of sawed lumber." The department holds that no change-In ' the law Is wrought by tills change of phrase¬ ology, and that the construction above indi¬ cated applies t6 the new tariff. It does not appear, however, that protest nnd apneal liaT'e bium taken In the case fiist lelened'to as requited by section 2.031 ol the Revised Statutes, and III the absence of the lllliig ol such documents within the statutory time, and in the absence of proof that the case Is within section 3,011 of tho Revised Statutes, no refund of any portion of the duties ex¬ acted can be authorized. Very respectfully, Chas. J. Foi.ukh, Secretary. Tho Canadian schooner Baugaloro, which wot a large purlieu ol her caigo of salt on her trip to Chicago, was placed in drydock to have tile leaks slopped. C'alker's were in¬ stantly put to work on the vessel's bottom, and her captain concluded to Inspect her himself. Imagine Ids surprise and.consterna¬ tion when he made the startling'discovery that there were as many as half n dozen an- - ger holes in the Baugaloie's bottom, evl- dently'drlven Ironi above. The auger used was a veiy small one, else the vessel would undoubtedly have foundered 311 h«u' trip up. As it is her escape was a very narrow one. ll Is not knov ii where or when tho holes weie boied, hut the woik Is evidently that of Borne nudlcloiis prison who Inula spite against her owners. It Is evident that he plugged the holes up just about tightly enough for the plugs lo woik out when the \ easel was rolling In a seaway. There Is but little loom lo doubt that It was a dellb- ' erale attempt tu founder the craft and drown all hnndsi and the owners of the vessel will use their best ell'ortB to bring the vandals to lustlce. The Bangalore is owned by tho llrm of A. Giinn & Co., of Kingston, and she Ib valued at (11,000. It will take'about two days to complete her repairs, when she will loud corn lor IClngston.—Knujston Xexes. "HP YOI' WANT TO LIVE ANY LON¬ GER?" . Said a wealthy farmer ol Hannibal, N. Y., as he stepped Into the room where his wife lily Mift'erlng from a lingering Illness. "Yes," replied she. "Well-," said he, "I don't know as I do. Wo aro puylng out moiiuy nil the ilinu for doctoring audit don't amount to anything. He took his revolver, went out to his orchard and latallv shot himself through ihe head. Here was tho easo of a man suffering from melancholy which a dose of Sttavne'sl'ilfs would havo quickly relnoved. If you feel miserable, despond¬ ent and weary, don't worry and fret, but try Swayue's pills. They have saved many lives and caused much happiness. 'V X