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THE MARINE RECORD. >» • makinki.au. sai VAOF. United Stolen IMaliiLt Cum I, Philadelphia Libeldismissed.—On the24lhot Deei-inlei Judge Butler In the United Sltite»sDlBiiltt Cmiri, Philadelphia, dismissed the libel ol I James Shuvllon, the owuei of the em ml In rue Henri S. Peine, which hud been (lied against the sloop siiilly, 'of Cmnden. On July 17, 1883, the binge, ,uhh n loud i>| stone, wiih proceeding up Woodbury Creek, New* Jcrse}, when flic was wet by tlieSaliyi ^ with n loud or tniitket truck. A collision ensued nnd the, barge was sunk. The dam¬ ages Incurred by tlto ownci of the bnrj{e \ inubnnted to itbout |500, the sloop wiib dmn aged to t)io extent of $M. The weather at the time wiis close, the tide about one-third flood and a brisk wind, blow lug from nbotit JaVV Thebir/ge was floating up the ereok with the tide and the niasier was pooleng her when necesBarj. Atlei the baigo hud tinned the seeord reach, she" was tlnown nuoss the creek bv a mint of wind and was uninunagc. able for several minutes. While thu* aim tiled, the srSop came down the i reek, and, ns the llbellant alleges, struck t^ie binge befoio she could have an opportunity to straighten out. -It was the dot}, he elnhuul, for the sloop to have waited in the reach above, mid not to have attempted locomo mound the bend. Trie answer to this whs, theio was but one man on hoard the barge. 'Ihio man paid no attention to a warning of the approach of the sloop. As soon us the lespondent saw the barge's situation he tried to go under the barge's stem, expect log i hat the bnrge w ould allow her Mem to clilit up and permit the Bloop to pass. But lupoid of doing this, the man on the barge helu her stern*with his pole, making a collision Inevitable. Judge Butler, In dismissing the libel,said —"The libel must be dismissed. Whether the barge waB&ufllciently manned, and If not, whether UiIb had anything to do with the result, need not be considered. Her position In the creek, barling the channel, waB im¬ proper and inexi usable. Her bow appears to have been Interlered with by rjlbblsh at the side of the stream and her stem sw ung around under the Influence ot the tide. 1 do not fliluk that the wind had anything to do with It. Whether It hadornot does not seem, however, materlul. Her stem would have gone completely around If her master had not prevented it. Deshlng to right his boat, he held her stern ngaiust the tide with his polo. This was iniiper at the time he com¬ menced it, and doubt less would have soon relieved hot how and turned it up stream, Ills mistake, however, was In continuing it aftej the sloop came into view. Hud he re¬ versed his pole and added his strength to the force of the tide, he would have opened the channel befoie the sloop reached him As It was his duty to do this, the sloop was j ustiflcd In supposing ho would, and In going forward, beuing Unit he still held his boat across the stream, lie was cautioned to let her stern go and every proper ellort wa« made to arrest the sloop's heudwti). lie persisted pi hU own folly and was struck l'liut the accident occimed In this way seems vety clear tiom the evidence op both sides. 1)1'mh alter the muster of, the burgc rupeiileill} admitted his limit and exonerated the sloop A decree must he entered dismissing the libel, with costs " D0U11LK CIAIMANl's OF HALVAdlC. United Stata DistiiU Cuuit, Philadelphia. Judge Butler In the United Status District Court at Philadelphia, on the 24th ofDo- combet, decided a Btdvage claim of 11200 in favor ol Kdward II. McDonald, the master of the steam tug Storm King, of Boston. On the morning of June 15, 1883, the Btorui King was at seu, having In tow the new ship Mary L. dishing, the tug having been under contract to tow the ship from Boston to Philadelphia. When oft Burnegtite Light, the muster of the tug sighted a schooner In dlstiese, about 10 miles distant. The Bohooner proved to bo the Epttrulm and Anna, of Philadelphia', she had been aband¬ oned, was leaking with threo and a half feet of water In the hold, and had on board a cargo ot sott coal. The tug took possession of the derelict, lasienud her t« the stern of the Cushiiig ami brought het to Philadelphia. At the time thu sei vice was perlorined the ' tea was culm. On in t ivlng at Philadelphia, th the tug mid. Captain I. W. Urown, the and h\ agreement ol Hie pintles, the owners of.the Kphriilm and Anna paid $1200salvage Into Court to await Its decision as to which, of the claimants was entitled to the money. Messis. Tiltiiti and Flanders, counsels for the dishing, Higtied: 'Hie ship wa> entitled to the exclusive services of'the tug dining the time necessary to perfnmi It. Any en¬ gagement In any other set vice doling such time without the consent of the tow would boa trench of the contract of towage. It was hy virtue Of the towage contract alone tluiUlioLug was brought Into proximity with the abandoned schooner.SShe could-not go to the relief without the permission of {he tow. By giving such pet inlssloij the chip forfeited her Insurance, delayed her voyage and took the risk of n change of weather. In decreeing salvuge'a court iilwujs allows foi loss of instil mice. Being In the employ' incut ol the ship, If the tug din something ub extiaby I lie ship's permission, it must be held loin-tiro to the benefit of the employer, A sai'oi Is in the employment of u ship; ltL' i endet a u salvage sei vice, but the ship is con¬ sidered tlte sulvbi, and any one w ho takes part In a salvage sei vice participates In the award. Morton P." Henry, Esq., lor the htorm King:—The tug Is not the servant of the tow, the relation of musterantl servant does not exist. When a lug undertakes to tow a vessel, each ve-sel In Its own way Is liable for the acts of its set van's and not one fur the othei— the ship, if Its servants, mid the tug if lis servants are In laull. The claim of li ship In tow to participate In salvage cannot be greatei than the caign shejinson board, and it is sealed that catgo does not parti¬ cipate In salvage. The pielencu ot the mastei of the Gushing that he was consulted Is de tiled by the master of the tug. It Is not u deviation to rescue a vessel in distress, but when It was found that the schooner was abandoned, the tug, In taking her In tow, to save property; not life, did deviate and be¬ come liable as an Insurer for luiclylevlutloii. The whole delay could not huWexcceded u few horns She arrived ut Philadelphia the next morning. Il this was an unreasonable delay, It Is a breach of the towage conn net. for which the tq^v.boat would be liable, and might bo set off against the towage bill, but it cannot be claimed as salvage. Judge Butler's decision Is (is follows:— ■'At the commencement of these ptocecdlngs the* Mary L. Cushlng claims the entire amount of salvage earned. Regarding thu. Storm King .as her servant, she asserted a right to compensation for what the vessel had done. In saving the schooner On the argument tills position was abandoned, nnd a claim made for compensation for hor ov/n< the Cushlng's set vices, or participation, It. saving the propcrtj. In the judgement of.the Court she did not render any service, noi participate in any material respect In what was done. It was not hi het power in save lite property or to rendei material aid in saving it. Whether she assented to the Storm King's acts Is uulmpiiitant. It Is quite clear that the latter vissel proceeded upon her own motion and Judgement, and b\ her own motive pivvei, appliances and crew, Biivod Iho pro¬ perly. That It was not only the right, but the duty ol this vessel to go to the schooner's rescue, I do not doubt. Doing so did not subject the Cushlng to any risk. The weather was tine, the seu calm, and the schooner close by, To disregard the signal of (lis¬ tless under the cliciinistaiiccs' would havo been Inhuman nnd reJSrehuiislble. Human life might have been Involved and In peril The deviation from her course was (light as to be Immaterial In view of exacting con¬ ditions. If the Cushlng desired to avoid this deviation, she had but to let go the Storm King's huwset^asjfquestod at the time.. Her permission to allow the lohooner line to be attached to her, is of no consequence. It could as well have been attached to the Storm King. The entire merit of the rescue and nil the services performed In effecting It were the Storm King's and she therelore alone Is entitled to compensation. A decree will bo entered accordingly."—JfaritinMi lieijister. » ister of thu Cushlng, laid claim to salvage, people. Now the Germanic, another Btcumshlp of the While Star Line, 1s at sea with u broken shaft. Sombody has evidently been palming off Bomo poor metal oi) tho Whjte Star G10Nk.ltAl, NKWn The coal output In tho Wyoming, (Pa) dlsttlet litis Increased, 33 per cent, in thlee years. t The society of 'civil engineers, In sopslnn tit New Vork, eleutou Dan, J. Whlltcmorc President, , Work In the Capo Cod ship canal Is pro¬ gressing slowly. The dredging machine has already dug iHiolo over 175 feet long by 110 feet wide and IB feet deepT The scheme having been approved by the Austrian Minister of (Jottlmeieo, a new monthly lino of steamships between Trlesto mid New York will begin Its'tilps on the 1st of February. Mr. Cox Introduced in the House of Rep¬ resentatives, on January 8,u bill to authorize tho purchase of foreign built ships by citi¬ zens of the linked Suites, for use in the for¬ eign carl}lug Hade and for ftee ship mate¬ rial'. A ratchet drill has been patented by Mr. Rluhaid Stephens, of Nugaunee, Mich. The invention coveis a double acting ratchet brace, with two handles, bo that almost u continuous movement can be Imparted to thu drill, and the same brace may be driven by either the simultaneous oi alternating movement, Large quantities of hay are shipped yeaily Irom Quebec Province to the States For veai'S past the Ametlean customs have col¬ lected 10 per cunt more duty than entitled to, lending some time ago, to the oiganlzu- tion of u hay shippers' association. The association claim that over $1,000,000 has been thus illegally collected, and a delega¬ tion are in Ottawa to lay the matter before the government, requesting that It will form the subject of International correspondence. On the day before thu White Star'steamcr Celtic sailed the captain dined with a friend, and during the course ot the conversation boasted of the regularity of ills trips, stating that during the past seven years he had been delayed less than any one train run¬ ning between New York and San Francisco, The Celtic has rescued more shipwrecked crews at sea than any one steamer plying between New York, and Liverpool, Captain Gleadell having alruadj been awarded two medals. It is reported that John Roach Is pushing tho detail drawings for the new cruisers, and is chaiglng It up to tile Government. The other contractors are grumbling because they say he was allowed to bid with the un¬ derstanding lie could make the drawings In .Ills own sJiop, wldle they had no such ar¬ rangement, and had to go into competition at a disadvantage. Roach can make the dlf ference in the prices ol Iho ships In the preparation of his detail drawings, they Say, and no one w 111 be the wiser. Il Is esti¬ mated that Ije w 111 draw about?20,000 for this work by his competitors Work II being pushed only on tho tluee smaller vessels, It la said, for fear Congress may not complete the ajipiopriation. Tho t auada Shipbuilding Company, lim¬ ited (BeaverLine), have lecently computed with Messrs. James and George Thomson, Cljilu Bank, Glasgow, tor a tine new steam¬ er of 5,000 ions, us an addition to their tleet trading betW'cun Liverpool, Quebec and Montieal. Her dimensions will be: Length, 400 feet; breadth, 41 leet; depth, J3 leet 4 Inches. Het engines arc to Indicate 3,700 horse power, and she will luivo two double- ended bollerB 18 leet In Ulnmctor, to carry a prossmeof 00 pounds. The strength of the hull will in many respects to be much above thu requirement of Lloyds. She will have accommodation for a number of saloon and abont 1,200 steerage passengers and will be fitted out with all the latest Improvements to ensure thelrcomfort, particular regard to be paid to ventilation. The Metropolitan Industrial League on the 17th appointed a committee on national legislation to meet tit Washington on the 23d Inst., to wait upon the Shipping, Ways and MeanB, and Postolllce and Post Road committees of tho House of Representatives, and Flnanco and Commeice committees of the Senate, to opposo legislation in favor of fiee ships or free materials for shipbuilding, and advocate only such .policy ns will revive American shipping In the foreign trade, and in vessels built, owned, manned and officered hy American citizens. The cothmlttce was Instructed to advocuto the repeal or all In¬ ternal-revenue taxes nnd such readjustment of tho tariff of 1883 as would give sufficient protection, to American labor 'engaged In the production and manufacture of-worsted goods, tin plate, cotton ties, wlro rods, bur¬ laps, etc. , ,. The American Shipbuilding Co, launched from .their works at Philadelphia, pn Janu¬ ary 12th, an Iron sailing vessel, tho largest one ever built In this country, named I he Clurenco a. Bemuut. The dimensions of this new vessel are: Length, 285 feet; breadth, 42 feet; depth of hold, 24 feet 7 Inches; net register tonnage, 1,000; dead weight capac¬ ity on 83 feet diaught, 8,660 tons; on 22 feet ifrnftj 3,200 tons. Shu Is ship figged, Iron lower masts and bowsprit. Iron lower and lower topsail yards, double topsnll and top¬ gallant yards' and has tluee skysalls. Length of malnvard, 05 feet; area of canvas, 42,000 squate feet; Bleatil cargo and anchor gear, hhe is to be commanded by Captain B, B. Towusond. The owners ine Messrs. Jacob E. Rldgway, Clarence S. Benientnnd Cap¬ tain B. B. Townsend, el Philadelphia. The vessel will loud ut Phlitdelphlu tor a China port. BOOK NOIlcEs. IUill'Kit's Maoa/ink lor Fcbtuarj is a strong-number In both ItsattUtlcund liter¬ ary features. The two serial novels William Blnck's "Judith Shakespeare," and the Rev. E. P. Roe's "Nature's SCilul Story," have a commanding inteicst. The frontispiece engraving from Abbey's drawing, 'The Bi¬ ble Reading," Is an illustration for Black's novel; and both Dielman and Gibson have done their Dest work tor "Nature'sTSertii Stocj." The opening papei of the number, by Jo¬ seph Hation, Is a description of the upper Thames, accompanied by ten very beautiful and picturesque illustrations fiom drawings by E. A. Abbey anu Alfrec Parsons. Miss Wqolson concludes her very interesting ar¬ ticle "At Mentone," which Is profusely and beautllully illustrated. Mi'. C. 11. Farn- hafti, one of our best mugnzlnlsis, contrib¬ utes a paper entitled "A Winter In Canada," a'closejmidy of Canadian country life, with gr\mbI&illuBtratlot)B. Colonel Hlgglrison's "A to erica n History" series bus passed be- ynuaUbu revolutionary putiod, and In this month's pit per he traces the beginnings of our national Hie. The nulciv deals also with some interesting phases ot social life in New York and Philadelphia during Washington's administration. One ot the Illustrations 1b » line lull-page porn ait of Aloxtiiidcr Hamil¬ ton, euginved by Butler. E. Mason contrib¬ utes a paper on the old Dutcli master, Jacob Ruysdael, which contains also an excellent engiaviug ol one of his characteristic paint¬ ings. Recent work in Terra Cotta Is th* subject ol a good article by Alexander F. Oakey, Illustrated from drawings by the author. Julian Hawthorne contributes a strong dramatic story,entitled "David Poln- dexter's Disappenratii e;" and a snorter ett> ry—a New England sketch—ol a more hum¬ orous chai acter, ' 1I|0 Toplinm Meadow Lot," is contilbuted by Sophia Swett. "Glimpses ol Emeisou," by Mrs. James T Fields, is full ot matter which will be of In¬ terest to every reader of tl e magazine In Amci I Si and England The late Di. J. Ma¬ rlon hlum Is tlio author ol a dramatic Bketoh of levolutlmiary times, entitled "Lydla Mnckey and Colonel lailelon/'andtheRev. Chits V Thwlng contributes a timely paper on 'The National Government and Educa¬ tion." Tile editorial departments me well ^sustained, us usual, and lull of entertain¬ ment and Instruction. St. NiciiioLAS for Februry is a bright, crisp, and cheerful mld-wluler number, and tho seasonable frontispiece—an original wood engraving by Elbrldgo Klngsley—is called "A Midwinter Night." Accompany¬ ing tho frontispiece Is a paper entitled "An Engraver on Wheels," which gives a pleas¬ ant and instructive account of wood engrav¬ ing in general, and In particular, of Mr. Klngsloy's peculiar methods of work, and of his peripatetic studio, a veritable house on wheels, In which he lives, eati, sleeps, and drives about from place to place for months together,'transferring to the block and en¬ graving whatever strikes his fancy. An¬ other wintry feature which will find a merry •welcome Is "The Brownies on Skates," one of Palmer Cox's funnily Illustrated poems, "Grisolda's Reception" is an amusingly told story of child life, St. Valentino's Day Is commemorated with somo very pretty verses, which doubtless will be sent to many a little maiden on tho Fourteenth; W. O. Stoddard's serial, "WJntor Fun," Is Just ub timely and oven more entertaining than before. "Uls- totlo Boys," a series of sketches by E. S. Brooks, which bids fair to be of unusual In. terest. begins in tills number with Unrous of Rome, the liuj Magistrate," a vividly writ- tun account ot some InoldentB in tho boy-llfo