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THE 'MARINE RE'COHD. . < MARINE LAW. Prtparttl jm Iht Martnt Record. On tlic a^itli ol November, 1882, u llbol m personam was Med In llio United States III-- trlift Com t by W. K, Cluipiniifi, Clmrlce V. Olds mid Sellim Griilinni, owners of the schooner A. J. Rogers^ against the. Dalllba Iron Mining Company for breach of contract of clini'tar pnrty.- The lontrnct win made botvveon W. E. Cliiipiiinn, of SandJisky, 0., us managing owner of llie Rogers, mid J. II,. Dalllba, o( Clcvclmid, ns agent, for\vl)om It ihny concern, on tlic 10th tiny ol Junuiiry, 1882, mid, provided ns follows: Tlmt the said vessel should curry seven or more cargoes of iron ore for tlic sidd J. II. •Dnlllba, urciiI, during tho senson of 1882, from L'Anse or ' Mnrquctte, shipper's option, to any of the following pons nt urate of freight of $1.00 per ton ol 2,240 pound*, the rhippera to huve the privilege ol lonsigning ouch or nny cur- go, or nil, lo ellbei ol die following pons, vlt.: Detroit, Toledo, Sandusky, Black Rlv- ei, Cleveland, Fniiport, or Ashtiibulii, snld vessel tohnve pilvllegeol taking up enrgocs. It whs I'milw i' mutually understood mid ngieed by the lei ins of ihe contract flint the Bald vessel t-littiilii continue to carry or.o for the snld J. II. Dalllba, agent, its aforesaid, for that entile season nt navigation, at the above named lutes, said- vessel to make as mauv nioii' than sf'ven trips as possible. Theie was allotted lour days' time for load¬ ing said vessel, and lor fill nlshllig a dock at which to ili-eliaige, the time to be reckoned from the liom w lien said vessel reported and Was rend) tn load, until loaded; und fiom the time «lien icpoited at port of destina¬ tion, and was ready to unload, until dock was tinnlsheil; the time of such, lepoitlng In boih cases not to (late from an Jioitr earli¬ er than 8 o'clock, a. in., or later than 5 o'clock p. in., Sundays, public holidays, and lime lost in consequence of heavy seas, strikes, or any other cause beyond (be con¬ trol of the mining companies, excepted. When eacli cargo contracted by this vessel is delivered, If It shall hi: found that the total time of detention exceeds (he four days for trip, as nboVe stipulated for, the said vessel t» be allowed n compensation for further de¬ tention, except foi causes above hinted, at the i ate of six cents per gross ton of cargo foi each day (ot twenty-four hour?) of such excess. Tlie time of refortfng'rendy to load, and when loaded wIt'll cause of detention, if any, to be noted on the bill ot lading in every Instance. A special order for each cargo to ho obtained from the-s-tid J. II. D'allibn, agent, at Cleveland. \ The libellnnts, Messrs. W. E. Chapman and others, claim that Mr. J. II. Dalhba act¬ ed asagcntfoi die Dalllha Iron MiningCom- pmiv. Tin' company ai swere", milking a gencinl denial, and upon the trial of the ease the court, .ludge Wrikei. rendeied a decree for the libellnnts, Messrs. W. K, Chapman et nl., and reported (he matter to Earl Bill, Esq., commissioner, to asi'eiialn and report lo the court the amount ol the damages sus¬ tained by libolhintsby reason of die In ouches ol the contiact. 'lheeomuil-simiei has tiled Ills report In which he assess, s the dam .ires at $1,010 (ID with interest liom lerialu days as explained In the report. The following Is (he leport of the coinniisslonci In lull. In the Dlstiiet Court of (he I'nlled M .!-» foi the Noithei n District ot Ohio, c.imi i ii division. W. E. Chapman, et nl., II | liclliiuts, I is. ; III Admiiull). Dalllha lion Mining Com- I |ninv, lespnlidenl- I ^_ The iiiiifeislgncd ininmisslonei, to whom the ihpve entllleil i nine was by said conn len^i. d lo take tostunouv and asceiialn and lepoil to tin' limit die .iinountof dam igos sust utieil h\ -aid lib' Hunts by icisiin ol ihe miltteis sll loiill III lllell snld Ilhi'l, now comes and submits Ills teport as lollows, to- wlt: twM commissioner lias at sundry times been attended bv the counsel of the respec¬ tive pin lies and bv llieii witnesses, -w bote tcstlinnnv, by ,igiieiiieol ol counsel, was not reduced to wilting. Alic licinlng said tend- ninny and the aigiiiiieiitsnl iouii..el there¬ upon/said coiumissloiici finds a* lollows: Oiklthe lllili day ot danuaii, 1HSJ, lihi I lmil*£by W. E. Chiipinnii, iiiniiiigiiig owner of the schooner A. J. Kegels, enteied Into a contract in writing with >). II. Dalllha, ns agent for respondents, (said contract being the foundation of the present action) for the sel, the said A. .1. Rogers, from the port of 1,'Anso or Miirqnetlc (Lake Superior) to either of the following port", viz.; De¬ troit, Toledo, Sandusky, Black River, Cleve¬ land, Falrport or AshiabuhtV at the rale of $1.90 per ton of 2,240 pounds, and jajd ser¬ vice was to include the entire season of nav¬ igation of llio year 1882. By the terms of said contract said libellnnts bound themselves that by their said vessel they would carry seven or jnoro cargoes of ore Tor respondents during tho season, and as many more as pos¬ sible, with the privilege of taking "up oar- goes." ' It was also stipulated that for the loading of said vessel as also for the furnish¬ ing a dock at which to discharge, her cargo, lour days tlino should bo allowed, to be com¬ puted from the l.oui when she should report as ready to load, until loaded, and from the time she reported at port of destination, ready to unload until a dock was furnished; In both cases Ihe tlino of reporting not to dnte from an hour 'earlier than. 8 «'clock a>. m., nor later than 5 o'clock p in., Sundays, public holidays am! time lost In consequenco of heavy sens, Btilkcs, pr other causes be¬ yond the control of the mining companies, excepted. For any detention of inld vessel lor a period grenler iliiin as above piovlded for, libellants neie to beallowed a compen¬ sation nt the rale of six cents per gioss (on of caigo for each day of twenty-four hours for such excess. The 'Ime of reporting ready to load, and when loaded, with causes of detention, If any, to be noted on the bill of lulling In every instance. It was further provid d that a special order tor each cargo should he obtained from said Dalllba, ngent, at Cleveland. On those terms said Dalllba, agent, agreed to employ said vessel and pay freight as stipulated. , Such being substantially the terms of the contract by and betwoen the pnrtlcs it je show n In the evidence that libellants evinced theh leadluess to enter upon Its execution on the 18th day of May, 1882, on which day the master of Siltd vessel applied to said Dal¬ llba tor and lecelved an older lor a cargo of iron oie, and the vessel proceeded to Mar¬ quette, wheie sho was duly laden pursuant lo said oider on the 27th of the same month, and ti.msported her cargo to Cleveland, that being the port of her destination, where she was duly unladen and her freight charges paiil according tn the teiius of said contract. A second nip was in like manner pel formed neeordlug to the teruiH uf the conduct; but snld vessel having reported nt Murquetto "ready lo load," nt 9 o'clock, a. in., un. the 21st of June, such delays oeeuired that her 4adlng was not Mulshed until 11:50o'clock p. in., mi the2l)th of the same month, whereby a just claim lor di mm i ige accrued lo ll\iel- lauls', under ilnli n.niiaet, for four and ele\en-l»enty fourths days In excess of the loin davs allowed theieln on her cargo of 01.") tons nt six cents per (on pel day, amount¬ ing to $172 54. tSnvh'g and excepting the two caigoes above mentioned respondents failed and lelused to glveany oideis to their agents at or neai their mines at Mmquctto or h'Anse to libellants or their agents In charge of theli said vessel, as by said con¬ tract, J hey were bound to do; and libellants proceeded to employ (heir vessel in like tiade at such lates ol compensation as they could, procuic, wliiih mi' found lohnve been the best that the (hen state of die market al¬ lowed, pi itinlulng die remaiudei ot Ihe sen- son 'inn addiiiilonal ti'ps Item Mniqucttc lo ( Ii \i laud lailcn with lion oie bv pnitics nlln'i lhan the tcspnudi nls, tti-ult . j Ann, at N,. ,.l itnii' Anil Uiiiitiii.t ■ mil.. I'm h.'lit Uii'.I ! "Hi itiioi l 1.' it .11 S7TII III ilsUSIl 1 . urlli ii ml 1 i> 7H7 ',11 II"" 10 llllll . ii- lii "1 - H7J io MMli iiij in) i,0 m Hjsiii lollll. Jlsl i IJ71'., v ri7 7" run. t- Trnr ■ U'livu lssj Sin 111 Auk B III l Ml -. | l. I, mic/iou II. 1,8 Jlta II -tiisirJ lliu* llhulj.inls' vi-s.| ii in-poilid tui other pari Ins than lespoiuloMs diirjng tire season ol IhSJ, 2,48.1 tons of lion ore for tho compensation ol $.1,270 .V', being compelled tlielelohy the lelusnl ol le-pon.lents to eon- iiiiiii lo luinl-h milcis Im mens by (hell i initial I ih.'J wiic hound to do; wbeieas, luiil the h'line sei\ke been perloimcd at the (oulinct iaic.il $1.1)0 pei ton, libellants would have been entitled to demand and le- nive Ihe sum W,717.7uriind Ihe difference hilwein said two sums Is the mcasiiic ol tlicli ilninages in iluil behalf, vl/.; the sum ol *1,I38.1B. It is that claimed by counsel tor libellants transportation of Iron oro by libellants' ves- i that Ihey ilieeillltled lo i ccovor from lespond- cuts, as damages,certain piollls whiclj mlglit have been made had I heir vessel been able to perform annthcr voyage or lilpat the onir- tmet ralo so as lo have completed the seven irlps tlieieln mentioned. Respecting this claim It Is periltient lo objierve that by the terms of said contiact llio currying sl'ven or more pargoRs of ore was the underlakliur of libellants; (see 2d and 1th |n|iiigraph ol •"ii- tract.) If by reason of any act of respond ems, llbellant'* vessel was rendeied Incapa¬ ble of perloi mlng this part of the agreement, doubtless a legal liability for such damages as were actually Riistalnid would result. But there Is no pmnl ot any such net excepting (he failure lo Im nlshorders for her employ, ment after die making of her second trip should be so regarded. Belore selling this down as the true cause It Is well to ascer¬ tain whether Ihe fnlluie to twelve orders from respondents vvotked any delay of the vessel whereby sbev as compelled tollejllle for any considerable, time during the le- nialnder o'f die season. The aveiage Jlme consumed In making the round trips cairy- ing_said two cargoes under Ihe contract was iwentv-flvediiys,jay_frora the date of pio- curlng Ihe orders at Clovelnnd,to the retun and delivery of cm go. For the leiiminder of the seasrtn the aye'age of the four flips was thitty-one days each; tho apparent loas lor the four dips as computed with the first two being twenty-fourdays. It also appears that on ^every one of said trips llhellanls availed theinselves-oTtlielrcn:itraei privilege of taking "up cargoes." It docs not appear flint libellnnts experienced any delnv In pro¬ curing ordeisforeitb^tsof said four cargoes. If any such existed It would Jinve been known to the master ot their vessel, whose deposition is on file In this case. Such de¬ lays as ueie Incident to the loading and un¬ loading of the ore denominated "demurrage' amounted to but twelve days In all. The excess over the 'four days" fji which com- pensatiou.was piovlded was six days. For one and a half dajslhereot payment wasdu- ly madefnnd lor the leninlnlng four and a half diij'h due allowance Is mnile In this re" port at the rale named in the contract. The wlinesn. Beimel, master of said vessel, when asked "How much delay did die vessel expeilence. how mnii) dnjs' delay, nil told, dining that season, if any?" leplled; "I don't know. I didn't figure It up, but I think about thirteen or fourteen days." It will be seen that of the number- thus estl mined twelve days delay me accounted .for w hlch irprobably the true number. Even the fourteen dajs guessed nt by the witness aic Insiiflleleut to have enabled die \es«el to perfoim die seventh trip to Marquette and loturn. In accounting for the vessel's lia¬ bility to make "seven or moie" nips It Is pertinent to slate that not null did IHiellants on every occasion cany "up cargoes" but on one occasion she went to l.ondu for a eatgn of coal destined to and delivered nt Jjike Iyinton, a place seventy lo sevenlj-llvc miles liom Maiquette. On nuothei occasion she went from Cleveland to Ashtabula for similar cargo. Tlnee and a half days were also spent In Ihe lepair of llbellanjs' vessel. If, in every Instnne/e libellants had seen lit to take up caigoes Irotn and to still more distant points, and to have spent additional time III making mote extensive icpalisof dieli vu-sel lhan wannnt cheiefni In said tonliact, and theli neglect Ihciohi to hold lespomUnis ii sponsible loi the loss of the piollls ol n sew nth lilp would have hieu siihntautlallj die sauu, mid its justice Iiui ill \ les- ll Is also found liom the testimony dial by the mutual agieemeul ol die agents ol the pielhi paid.s, np| Illation loi a llistoi- dei foi a caigo ol oie was deleiied until (lie lstb day ol May, whcicn" the season ol nav Igullon lomiilcneed at an cm lier pciiod ; or dors having been Issued by the Republic lion Company as' early as the seventh of April to three vessels, to one on tho 10th, and to (wo others on the 20th of the same month, live ol wblch vessels leeched theli caigoes at Marquette as emlv as the lith ol May. By such mutual niiaiigenient Ihe parties must be held to have waived whit- ever rights and obligations were Involved In the contract touching senile and employ¬ ment of libellants' vessel lor "die entire sen- son of navigation," and Ihu cairylng of seven or more caigoes;" unit mine than a month nl the entire season was spent by li¬ bellants' vessel either in voluntary Idleness or In somo service not named ill the contract, In view of all the'foregoing facts tho un¬ dersigned finds that libellants arc not ontl- tlcd to recover tho •nppoaedi prolltsof tho " said seventh trip. But lest It may bedo.' termlued by the court that In tills"respect thp finding and conclusion of the commis¬ sioner Is erroneous, to biivo tho expense of a now referonpe, find for the Information of the court, It Is found and estimated that snld 'supposed profits amount to tho' suni of »552.43. Tho whole amount of the damages sus¬ tained by snld llhellanls by reason of the matters In said libel set forth, found mid < assessed by sa'd commissioner are as stated below, to wit: RECAPITULATION. " - l»t. Loss on freight, !W cargo .........,........„, (440 40 Intorrai from August ft, 18S2,4tb cargo,,,,.,.,.....400 eo Interest fiora Soplombcro, 1SSJ, firli cargo.....• .401 115 Inlnroitf rom Oclobor 11,18HI2, Oth cargo ..,. 178 20 Interiat froi.. Nov, lltli, 16:2, for dnuurrago . on ad c»rgo.............................................. > 171 51 Total......................j.,............................, J1.G10 60 It Is therefore found that said damages amounted to said sum of sixteen hundred and ten dollars and sixty-nine cents, with Interest on the foregoing severnl sums from llieseveial dines afllxed toeae.li, to'tho date of (he Ileal decree In this cause. Respectfully submitted, Earl Bill, Commissioner. This case will piobahly come up for con- Urination of die repoi t and tlnnl decree some time during Ihe present month. MesBrs. Mix, Noble & Wlilte appealed as prootors for-the libellants, and II. D. Goulder for the company. , v GE>!ERAL .NEWS.. Pcnsacnla, Flotilla, claims to be the oldest citv In America. Over 125,000,000 bushels of wheat nte available for expoil. The production of tho Lake Superior copper mines lor 1883 was sixty million pounds of copper. -— It is reported that a fresh Dutch expedi¬ tion has been despatched to Acheen, Sumatra with the hope ol securing the release of llio crew ol the wrecked steamer Nlsero. lets announced that great stagnation exists in shipping Interests upon tho Tyne. One 'hundred and tw'enty-lour vessels are idlo, and 1.5(10 men aieout of employment. In nccoidance with instructions tele¬ graphed Irom Washington nil bosses, clerks and men employed In die construction de- pall mentgf the navy yard Portsmouth word discharged. The estimated log product of the Au Sable liVer lor the piesent season Is 145,850,000 leet new ciop, widi 05,000,000 feet of old stock. It Is believed that nt leiiet 50,000,000 leet of tills «ill be carried over Into 1885. The AHienean Ship Windlass .Co., of Piovidcnce, HI., are making ten Bets of Wlu ler's Patent Wlinil ,1'iop gearing tortile pier now being lilted up by the Morgan Lipe at New Yoik, ns also two sets for the Central Vharl in Boston. The steamship Decnliir if. Miller, from Baltimore for Boston, passed Highland light on die morning bf Fcbiiiary 28, during a thick log, but announced her name to the signal olllcer with hei steam whistle, by code pievlously arianged. ' Al if meeting ol the San Francisco Cbam- bei ol ( oniuiciie ic-olutloiiB were adopted piott'silng ngaiusi the pio|n>sed action of tile government 10 conllsciie all duty paid on iticicluutdlsf. A ineinoilnl tins been tele- gi.iphcil (he becielaiy ol Ihe Ticasuiy le- queslliiga delay ol niiicli days. , Tlic House Coinniiltee on Naval Alh.lis has appointed Repiesentntive Itiiehalinn, .MrA.Inn, mid Uoutclle a siib-commlttee to iini'stlgnto die innnagemeniof tlie.lenniiettc exiiedidou in ncioidance w lib Mr. Wasli- Imrn's iisolutlon. The sub-coiuinittee is autlioil/ed to ask power from the House to call for pel sons and papers, and have the expenses paid out of the contingent fund. Before leaving San Francisco for Sidney, Ausnalln, llniilnu olleied to back James heuley, a California sculler, loi f500, to per- foiui-Uioie clevei lilcks w hilt"ill Ills boat than airy other oaisman in die West. Secley pel foi ins biieh ti'lcks iib rowing a shell less than twelve inches wide wjillc stnnditig 011 fuel, Iheu standing on his bend. He also swings Indian clubs and perfoims many oilier tricks teqiiirlng great steadiness ol nerve and balance. Tho Dominion Cabinet Council passed an