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J- 1$ 'THE'-MARI'ISpE -REeote' MARINE LAW. ^ .' AN IN.1CIIKD BAII.OII IN A HOME POM SOT oni.iaBi) to oo to a h'ospitai:. " [Concluded from last week.] , Tlidpeiiifltitr |>rlvllenoa. and prblectlon nf- forded by tho ninilllnifl law nre only, how- I cveiyieeured to euiimcn. Common tilling only were originally tt-rmcileeiirrieii; but the ' rlglitp of Bennicn, under the rulings of Amer¬ ican courts from llmo to time, Imvo been ex¬ tended to mates, aurRconf, Btewiirda, engl- new, cooks, clerks,. carpenter?, Ilremen, dcckliands, porters iinJ cliiimtxirmitlcln. AJ\ tlieeo clasdes' have been allowed to suejn tho Admiralty as mariners .or m person* rendering maritime services umlor a mari¬ time contract. I Peters Adm. 240; 2 Peter.1, Adm. 208; Wilson vp.tlio Ohio l.GtrplnBU; 1 Conkl Adm. 107; 2 Pars. Mart. Law 582; The Sultana 1, Blown 13; Steam Propeller M. M.Ciiiebl), Ben. lBOjTheJ-IiulBon 8, Fed. Rep. 107; North America 6, Ben. 480; Allen vs. llallet Abb. Adm. 578; Gurney vs. Crocket ibid 400. In the case ot the Trainer vs. the Superior 1, Gilpin 514, the general rule U given that all those who contribute to titer preservation of the vessel or were employed In navigat¬ ing her, are entitled to the rights of mari¬ ners; whilst in the cases of tho OceairSpray 4, Sawyer 105, and Minna 11 Pedjlep. foO, the rule Is extended to all hands, employed, on the vessel in furtherance of the main ob¬ ject of the enterprise, except the muster. It appears, therefore; clearly that theser- J-vlcool John Hnrrlgaii was a maritime ser¬ vice! Tho injury resulted from an explosion caused by the giving way of the cylinder head on board the tug bout on the 14th of August, 1880, while lie was in the actual ser¬ vice of the ship. The Injury did not occur from any negligence or fault of the engineer. Asa seaman he was entitled to be cured nt tho expense of the ship, and for the ex¬ penses of his cure.he had a triple remedy against the vessel, owners, and the master. At the time of the Injury Handy P. Holt, the master, was absent; Captain Murray was In charge. This officer went lor Dr. Cum- mingsjiHd asked him to attend the injured manHvhleh lie did. Alter his wounds were dressed he was ut his own request sent, In charge of Ihe steward, to his own homo in Philadelphia, wheTe the physician continued hlB visits u.rHII a permanent curtMvas ell'ect- cd. It Is urged by the plaintiff In error that by certain statutes of the United States It was' provided, Act March 3, 1875, Rev. Stat. U. 8,4,085, " There shall bo assessed and col¬ lected by the collectors ol customs at the pons ol the United States from the master or owner of every vessel of the United States, arriving from a loreign porr,orof every reg¬ istered vcs'cl employed in the coasting trade, and before such vessel shall be admitted to entry, the Bum ol forty cents per month lor enchand every seaman who shall have been employed on such vessel, since slie hub. last entered nt any poit of tho United Stales; Buch sum such master or owner mav collect and retain from Ihe wages of such seamen." Act. 20th June, 1870, Rev. Stat. U. S. 4,801), "All such moneys shall be placed to the credit of 'the fund for the relief ol tick aiid disabled seamen,' of which fund sepa¬ rate accounts shall be kept in tho Treasury. Such fund Is appropriated for the expenses of tho marine hospital Bcrvlcc and shall be employed, under the direction of thu Secre. tary of tho Treasury, for tho caro and relief of sick and dlsn\iled seamen employed In registered, enrolled, ar.d licensed vessels of tho United States." • It is alleged that the tugboat J. Ii. Wood¬ ward was within tho provisions of these stat¬ utes; that tho hospital dues were paid; that ■ the seamen upon tho tug, It injured in the service of the .same, were entitled, upon pro- por application, to free hospital service In the city .of Philadelphia; that the captain in charge tendered the Injured man this service which lie refused to accept and requested to bo sent to his own house,'; and that tho J. 1! Woodward, Us owners land oflloors were thorsfore absolved from any further liability for his cure. It will be observed that as tlio master or owner Is authorized fo deduct the sums col¬ lected from tho seamen's wages, the "fund for tho relief of slgk and disabled seamen," thus provided is created by the moneys of the seamen themselves, and not by tho own¬ ers or masters of vessels In relief ol their lia¬ bility under the law maritime. > Besides the.littspltal service, of.tho pnltod States Is confined to our own. ports and Is maintained In but low of these; and noncon- itat that? tho'stuns collected and paid over as hospital dues wUlbo adequate for the sup¬ port of tho service whero it is thus provided for, whereas the'provisions of maritime law -eeuie relict in all tho seas and seaports up¬ on tho globe, • ' It cannot be pretended therefore, that tea- •mon Injured lii the ship's servlcer who, by the maritime law had a right to be cured at tho ship's expense, must accept in view ol that rlgh't a provision no inadequate. The provisions ol tho Aetsof Congress, above cited, cannot be regarded as .repealing tho ancient maritime provision referred to, but' must bo treated as simply auxiliary to It. The provision for hospital dues enables seamen, nt\ their own expense, to Increase their.opportunities for medical treatment, and provides an additional safeguard for their own protection when the vessel or its owners nre perhaps In foreign -seas, or enn- nnt or will not extend the aid which the law requires, - This view of the eff'eut of the several acts of Congress in relation to hospital dues has beeirTtdqpted In a number of cases In the AdmlraltvNjoiirts; Reed vs. Canfleld 1, Sumner 200pllarden vs.- Gordon 2,.Muson 548, see also durtls on Rights' of Soainen, page 117; Parsons on Shipping and Adm., Vol. 2, puge'80, where the same construction nas approved. When the physician, Dr. Cummlngs, was called and came, the patient was in the tug boat,and the first treatment was given there. The right of the seiftimn and the responsi¬ bility of the ship mid ow:ners were then un¬ doubted. Of the circumstances of the re¬ moval It is not riiown that the physician had any notice; of the tender and relusul of the hospital service It. does not appear .that he kiiew anything. No notice was subsequently given and the physician had a right to assume that the rights and responsibilities of the parties' continued. The claim here Is for medicine and medical attendance only; there la no'claim for nursing, board or other service during Illness. , If, therefore, tho engineer llarrlgun was not obliged to accept tho .tender of the hos¬ pital service under the acts of Congress ie- cited, and ho was offered norther, his re¬ quest to be taken to his own house, when there was no provision for him In the boat, was certainly. Hot an unreasonable one, especially as there Is no proof that medical attendance was more expensive there than elsewhere. The judgment Is therefore af¬ firmed." 'GENERAL NKWf. It is said that Mr. Roach is to retire from tho active work of his shipbuilding yiudat Chester, Pa. - The river boats Colorado and City of Alton burned to Ihe waters duo at St. Louis on the morning of the '•!."> Inot. The Marino Iron Works at B|ith, Me., enable shipbuilders there to make adlfl'eient elasff'ofVesbols than formerly. The decrease In tlio publlu debt during De¬ cember amounted to Jlir,7i:i,373. The de¬ crease since June, Oil, 1883, was $53,040,48.'). English steamship owners will not be appeased with tho promise of Do Leeseps. They want a Suez Canal under their own control. i * The storrrnshlp "America," of tho National Steamship Line, was successfully luunched- from the yard of Messrs. J. & G. Thompson, on the Clyde, on December 30. Mr. Reagan has introduced a bill lu tlio House of Representatives, permitting Ameri¬ can registry .for foreign built vessels with¬ out restricting them to foreign currying trade. Captain Plko', of tho Proteus, was beforo the Arctic board and gave his views con¬ cerning the best plaiiB to bo adopted to success by the next expedition for Greely'g relief. f In tho aft compartment of ihe steamship Rrlttanic u lire was discovered among the Cotton and oil stowed there. Tho tiro boats (jiili^ly responded to the alarm and lilted thc'ooiupurtmcnt with water, extinguishing the llanies. Losses covered by Insurances. It is said the Lake Superior trado Is In a worso condition than for twclvo or fifteen years. Seven out of every ten mliies In the region arc idle, and those running arc owned by* the largest fiiirt' wealthlst corporation! who are restricting the output.. Atleinlt hall tho oro ol the best quality Is selling In Cleveland at $0 per ton, which is lowor than (or many jonrB. AJ th|s price there is only a prollt of B0 ecnur per totr, which Is re¬ cognized to be tho royalty. At a rocont mooting of tho city bounoll of Belleville, ft by-law authorizing tho sale of Mill Island to the Ruthbun Company for $5,000.00' .lo be paid In ten annual liFstal* ments, was-pawoJ ai)d tlio Mayor authorized to sign tho agreement. -.The, new owners are given tho privilege in this by-law of building n bridge from tho main Innd on the east side of the Island. Thetotvboat Burton, at.the mercy-of n strong current, struck Neville Island, nfne miles below Pittsburg, throwing the fire from under the'bollern and igniting the cratt. The crew of twenty-one became panic strick¬ en and jumped- overboard. Sixteen wer'o rescued by tho crow of another boat, one body was recovered, and three are missing and are supposed lo have perished; Galveston Is throwing up her hat in honor of Captain End's answer In relation toiler bar. The captain siiys that If Congress will glvo him $7.500,000iie_flll guarantee thirty feet of water, and maintain that depth tor twenty years at a cost of less than' $100,000 a year. He proposes to give the city twenty- two leetol water within two years. A Texas newspaper says that With thirty feet of wa¬ ter on her bar Galveston will soon outrank New York City. Linden Kent, Lieutenant Garllngtou's counsel made an argumont before the Proteus Court In defense of his client. He analyzed the evidence point by point, maintaining that, under the Instructions and lu view of Jlie objects Bought to be accomplished, no other course limn that adopted in each case was prudent or possible. There'was no dis¬ obedience of orders or unwise oxerclseot any discretion with which he was clothed. Tho Canadian Government will probably introduce some stringent measure during the coming session with a vlewlo prevent¬ ing Canadian vessels being over-Insured. Within the past year the greater number ol dlsasters.has been among vessels insured for amounts largely ever their value. In a num¬ ber of oases heavy Insurance lias been effect¬ ed on old hulks.which after leaving por1 JjaieJjeejLjdjandotied-iind-loauranco-recov-- ered. JPfia steamer City of Toronto'-wiis iped running on September 1. by the In¬ spector of hulls, on account of her uiisea- worthy condition, Shn was laid tip at Youngstown, N. Y., her owner being an American. She was afterwards taken to Port Dulhousle for repairs nnd was burned October 31. In the winter of 1882 she was sold for *9,000, and ut the time she was burned was Insured for $27,000 In American companies. The steamer Queen Victoria In AugiiBt last was taken to Chatham and sold for $0,000. She was burned on September 13, and wns Insured for $10,000. but r.ot least In Importance, u.ru the resolu¬ tions .of tho Union L*tigi|o Club, adopted on the 13th Inst., some 300 monmcrs being pres¬ ent, with Wm. M. Evnrts In thd'chttlr. Tho principal provisions arfl as lollows: - Resolved, Tlin't the purchase of foreign- built vessels and their registry in the United States'are In conflict with the true Interests of the country. Resolved, That Congrens should make nil appropriate provisions within Its power to restore our navigation to thu footing neces¬ sary for the safety and prosperity of the whole country; and to this end It'should follow the example of foreign governments which have been succes»ful lu building up their trade and commorce, and aid In es¬ tablishing lines of Iron or steel made steam¬ ers to all points where a market may be found for our' surplus manufactures, and that the lines of steamers so aided should bo of a character readily coiivortnblo Into fast men-of'war. .The "free-ship", doctrine Is distinctly con¬ demned. The club, a body of practical men of no ordinary Intelligence or limited In¬ fluence, are not prepared to admit foreign bottoms to the privileges of the American Hag, but they approve of the bounty system, which, according to the Secretary of the Treasury, Is the only reinaintngalternatlve. - Herein they are radically detective, as they should recogqlze the 'net that the employ¬ ment of ships must be made profitable. This la indeed n tuctor of prime consideration, since it is evident tlmt the first cost of-a chip Is secondary in Importance. Bounties In their nature arc-an artificial stimulus—a dernier resort, presumably of. a temporary character, designed to foster an Interest deemed essential to the welfare of the coun¬ try—to Its dignity and Its. prosperity—but one that for the present is unable to contend single-handed against foreign competition so thoroughly organized and Intrenched as to be Insurmountable, it Is none the less im¬ portant that existing disabilities -should be removed; that the.burdens now Infposed in tile shape of consular fees, tonnage dues, hospital tax, etc.,' should be swept away. These lattor are provided for by Mr. Ding- ley's bill,, now before Congress. This Is the same bill as amended In the Senate at the hist session, after pussing the House, and now has a Tutr prospect of becoming a law,— Iron Age. AN OCEAN MARINE. It will be u proud day for the United States when she can once more take hor proper plaectunong tho great maritime na¬ tions ol the world, and American ships be¬ came the curriers of Ainei'can coi|iinmce. It Is useless to array slatl-nles In order to show that our former presllgo on .the ocean has departed. All our official docu¬ ments, whether emanating from tho Treas¬ ury Department or the Now York Clwmbor of Commerce, afford lamentable proof of the fact. Our old shipping merchants—the Marshall*, the prlnnellB, tho Asplnwulls, tho Lows,' and ninny others—recall with sadness tho memory of noble fleets which seem to have forever vanished. "Painted ships upon a painted sea" adorning thn of- llco wall ure the only memento. Sufllce Ij_tn say on this point that In 1850 the loifmig^vlf American vessels entered ut, our sthrfjom from foreign cotjhtrles amounted to 3,194,- 275 tons, and constituted 711-2 per cent of the total,tonnage entered. We look again, mid find that of the total tonnage entered at seaports of the United States from foreign countries during the last llscal year, 70 per¬ cent consisted 0T loreign tonnage, and only1 21 per cent, of American tonnage, There is yet room tor hope, however. Several Im¬ portant bills designed to revive^ American shipbuilding, or to remove existing burdens, are before Congress at the present timoand resolutions recently adopted by numerous boards ot trade and other commercial bodlos show that qur leading citizens feel the necessity for action. Several ot our Slate Legislatures have gone bo far as to relieve shipping from Icciil taxation, and the appeal Is now to the General Government. Latest, DEATH OF TWO LAKE IMONUERS. COMMODORE WILLIAM II. WUITINU. - A dispatch from Milwaukee. Wis., an¬ nounces ihe death uf Commodore William B. Whiting, on the retired list of the United States Navy. He wits born In New York on the 13th ol February, 1813, anil Joined the navy in 1820. After service in the Pacific and West India squadrons, he was actively engaged in surveying Ihe harbors of the American conits and of those of" foreign countries.—Iii-W5l-lio-wceived-»rrtn)ur-y-to- hls spine hy a ruuawnv accident, which caused his Inability to perform duty afloat during the war. He took charge ot the Na¬ val Observatory at Wnshlngtoinn 1881 with¬ out any assistant in hy'drographlcal work, lints leaving a more able-bodied officer avail¬ able for active service. He remained at his post until 1871, when, owing to his infirmi¬ ties, he no longer felt able to conduct the business ot the office. In 1872 he made- Milwaukee his home, and was on every flue day wheeled about the cltv In an easy oh air tlxed on wheels. Uu retained Ills mental faculties to the hist, was an agreeable and pleasant talker and an inveterate Binoker. The dates of Ids commissions were as fol¬ lows: Commander, 1801; captain, 1807; commodore, 1871. CAPTAIN I-KSTEIt PAVY. Captain Lester Pavy died a few daysslncb at the lesldence of hia son, Captain Win. L. Pavy, In Milwaukee. Ills age at the time of his death was 72 yeats, and until the lust twenty vears of his Hie. he had followed the lukoi-. No captain was better known among thu early lake mariners. Tne Rochester Un¬ ion gives a brief history of his career on the hikes from which wo gather tho following: He first took charge ol the topBai) schooner Adjutant Clltz, of Sackett's Harbor, In 1820, and after that sillied vessels as follows: 1830- 31, General Jackson; 1832, schooner Betsy; 1833, schooner Pilot; 1834, schooner Richard M.;1835, schooner Nortli America; 1837, schooner United "Slates; 1830-40, schooner Hannah; 1841-42, schooner Malcolm. , In 1843-44 ho was In steamers running between Lewlaton nnd Ogdensburg; In 1845 he com¬ manded the schooner Malcolm, and in 1840 the T«ledo. lie next superintended the building of the brig Andes at Toledo for Lewis A Beardsley, of Oswego. The Andes came out In the summer of 1848, and he sailed her until 1851, when he took charge of the bark Nortli Star. In 1855 he sailed the brig Julia Dean, \\ hlch at that llmo was con¬ sidered one of tlie finest vessels on fresh wa¬ ter. Ho resigned command in that year and went Into the gruln drying business at Buf¬ falo. The Dean, It will be remembered, was lost In hor first passage down after his leav¬ ing her, on Skllliigaleo reef. Like most men who have spoilt many years In ploughing the waves, the captain naturally drifted Into the profession of ploughing tlio land, and passed some time as n farmer. During the last twenty years ho had suffered from par¬ tial paralysis of tho lower limbs, and had re¬ sided with his son.— Osweno Times, ■