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THE "MAHINE RECORD. MARINE LAW. COLLISION. „ In Admiralty; District Court, S. D. New York. J. A. Hyhind for libelant. Edwin G. Du- VIs for claimant. Brown, J. On the 8th of September, 1880, the steam tug Syracuse took In tow the on- nnl boat Koarsnrgo, loaded with staves nt the Morris ennui busln, to be towed to the East river. In the course ot turning nround In the basin, lmmediiitely nfter leaving the dock, the tug Intentionally ran against wlmt is culled the middle pier, which Is In the middle of the busln, for the purpose of ex¬ pediting the turning of the boats, mid it few rods further on alio rubbed or hit agnlnst a flout of piles on the opposite side of the bit- f'ilta.. Two holes were therefore stove in the camil bout near anildshlps, and below the ' water line, so that- she Bank several hours afterward. This libel was Med to recover for the damages thus sustained. The de¬ fense is that din limit wna unseaworthy and rotten, and that the ct>ntnct__wlth the pier and piles was nothing more than was usual and justifiable In the course of turning. The tow was lashed upon'the starboard side of tbo tug. Although the pilot of the tug testi¬ fies that there Hits no blow, but only the usual rubbing to assist In turning, I am sat- . Mlod from the evidence of the owner and the wheelsman of the Kcarsnrge that there was n very decided, If not'powerful, blow. They both testify that It was n violent blow, sin h as caused the boat to roll. Just before reaching the plot the owner of the canal bout, seeing that they were going to strike, sausouttotliepll.it of the tug protesting against It, and the latter replied that It would do no harm. TliSlatter testifies that it was iieces«aty to run against the pier In order to make the turn, as the channel there was narrow. This call not be accepted as a sulltelent justilieatlon. If hecoidd not have backed any Inrther on his spring lines be- foie leaving the dock, as ho Says, there- were plenty of other means at the command of a tug, hi handling a single tow, without In¬ juring her by running against a stationary structured The practice of running vessels 6> canal J bouts In tow, whether now or old, against - other vessels or piers, for the purpose of rapid handling, Is dangerous, sure tolead to disputes, and, when approaching'aiiy- thlng like a forcible blow, must be held to be nt the risk of those who practice It. The Nebraska, 2 Ben. 500; the Harry, 15 Fed. —Bep. 101. Tho-uaptalnot-the tug In this case hod bad much experience in this basin, but fills was no guaranty that In running ^ against the pier the blow might bo seveier than ho intended. Those In the canal boat wore in a much belter situation to observe tho force of the blow, and I am well satisfied that their account of it is substantially cor¬ rect, and that It was a blow unjustifiable in the navigation of either new or old vessels: Such a blow, however, miiy do no Immedi¬ ate and perceptible damage, to a staunch boat, while it may sink an old and Infirm one. If tugs undertake to handle-canal boats which are known to be old and weak, they are bound to exorcise' additional caution in their treatment. On the other hand tin tiers of suoli boats aro bound to give due noiice of tholr Infirmities, .or else ilicy aie inn en titled to have them handled with mote than ' ordinary care and prudence,. The evidence in icgard to tills boat shows clearly tint: she 'was an old boat. The libel tut bought ln<i as such in exchange for anothor oltl one, paying alio, In addition, $100 In cash and his note (or $40. On account of alleged mis¬ representations by tho seller, tho libelant subsequently refused to pay the note and It was surrendered. She was not rated; but this circumstance Is not conclusive that she —was not ratable for insurance, since not un- frequently good boats of this clan are run without Insurance. A shlp-oarpenter, on behalf of the claimant, examined the Kcur- snrge while she was being repaired, and while the broken planks were being taken from her side. Ho testifies that the planks removed wore rotten, Bo that they could bo broken by the band. The carpenter who did the repairs testified shortly before tbe trjal that the broken planks were sound and. In good condition, and that the general con¬ dition ot the planking of the boat was sound and seaworthy. This latter testimony was given some three years after the transaction ; the former, near to the Jlwe of It. It Is dltlli'iilt in liirm any talUfuciory con- elusion 11>>iti «■»Iflunrn ol this character. Had the claimants Intended to rely upon the fact of such utter rottenness and unseaworthi¬ ness as i-hould preclude the Koarsiirgc Irotn any recovery, additional .means of support¬ ing their cni-o In this respect should hare been procured. .'At tho same time, I am by no means satisfied upon the circumstances of this case, (hat this canal boat was of tho drdinary strength or ability to undergo the- usual handling of staunch and sound boats. Tho natural Irjforence from All the facts li" that she was not. I think this Is- confirmed by the captain calling out to tho p|lot when he saw that they were going to run against the pier. . This was too late, however, to be of any avail. Had the reasonable notice of the weakness of the boat been given, doubt¬ less the pier and the piles would have been avoided, or struck more cautiously, and no Injury have ensued. Justice requires that the continued runnlng'of old boats should be closely scrutinized, and their owners slipuld notie suffered to conceal their Infirm condition, and, when accidonts happen, get them repaired, or recover as for a total loss, itt the expense of others. Tho Bordentown, 10 Fed. Kep. 270. The owner is bound to give notice of any Infirmity about his boat, If she be not staunch and strong; and where this is not done he must be held jointly or solely responsible tor such Injuries as the present, according to the other circum¬ stances Of tho case. Had tho contact with this pier been only such as was clearly-justl- liable In tbe ense of ordinary boats, the libel Mould therefore have been dismissed. Tho Gen. Geo. D. Meade, 8 Ben. 481. But as I must hold otherwise, upon.'the evidence, both must be regarded its In fault, and the llbelhtnt is entitled to recover but hall the damages, (The William Murtaugh, 8 Fed. Rep.404; Christian v. Van Tassel, 12 Fed. Rep. 884, 800), amounting upon the testi¬ mony befb,fe me, with Interest, to (1105, with costs. December 14,1883. I GENERAL NEWb. Senator Butler, ot Soiith_Carolina, Is said to be a descendent of Commodore Perry. Reciprocity with the United States Is now attracting greater attention in Canada, us the Washington treaty expires In July, 1885. A number 61 canal boat owners are work¬ ing for a new organization by which the entire canal Interest of New York will boa chartered association. - Jhe lake In the vicinity of Port-Dalhouale is now covered with strong t'Uinmooky Ice, among which uie some very large Ice- burgs. The formation stretches to the west¬ ward until loHtHn the distance and presents a grand sight. Tho latest rumor In regard to the pro¬ posed new steamship line about to be started betweeu San Frautiibuu and China is that the company intends to run steamers down to the coffee ports on the west coast of Central America and thereby Inaugurate a vlgotous opposition to the Pacific Mall. l.lbel suit against tho Times of Shipping Commission Duncan captain of the steamer Quaker City during her famous voyage, has been conc'uded for the present. The Jury found lor the plaintiff upon two statements, awarding six centB damages breach, on all tho"other charges the jury found for tho do- fence. Tbo plaintlfl sued for $100,000. The steamship Auriinla of the Cunard Line recently made a trial trip, tho repairs and Improvements In her engines having been finished. She ran from Glasgow to Liv¬ erpool, a distance of over 200 miles In lets than 12 hours. She attained during this trip A speed ol 17% knots, or 20>,i miles an hour, She will sail from Liverpool for New York on April, 12. The schooner Stephen J.'Took* from Ellzabethport for Boston, sprung aleak February 28. The men- worked at the pumps till they dropped from exhaustion. After drifting 200 miles the vessel was picked up on George's banks. The captain had becomo insane from suflerlng and had Attempted to kill the entire oiew. He was terribly frost bitten as were all on board. The- men had no food or water two days. The New England Shipbuilding company of Bath It now in good working order. The company has at present sufllclerh contracts for wooden vessels to guarantee a 0 per oent. dividend on the capital stock ot the company. If a plant for iron ships Is put.ln this summer, thero lire enough contracts In the market that could be obtained that would keep the Iron shipyard busy for the next 18 mdiiths. Mayor Nation and Mr. Hendrlc, of Hamil¬ ton, Intorvlowod the minister of railways and canals with respect to the Burlington canah They asked to have the canal dredged to a uniform depth of fourteen febt at low water mark, and to have Burlington bay made it harbor of refuge, The Tact that the tolls collected In' past.years have mors than repaid the cost, of maltfng the canal were urged an ono reason w by the tolls should now be abolished. Senator Titus recently presented a bill In the Albany Legislature reducing the chilrges for towing the canal boats on the' Hudson from Albany to New York to fifteen dollars, about half the amounts now charged. This has been one of tho great taxes on canal commerce, nod tho fact is one ol the strangest arguments In favor of enlarging the looks so that a steamer and consort may be locked through together. Such boats can do their own towing on the Hudson or any¬ where else. , " The following Is a summary of the action of the Winnipeg convention: Immediate construction of u railroad from the head ot navigation of Lake Winnipeg' to Fort Churchill, on Hudson Bay. such lo be strictly it commercial undertaking abundance of traffic being already assured. WltUe Manltobaiis do not desire political unlpn with the United Stales, close commeiclal union and untrammelled intercourse it abso¬ lutely uecessury. The Red River channel should be Impioved lor steamship use by Congiess, and a Parliament committee was appointed to prepare an act to be submitted to the Manitoba Legislature to provide for the carrying out of these resolutions, and apportion among the different.'counties of the- Province a sum to be raised to pay the interest on the cost of tho rOad; also to make contracts lor bnlldingtho road and to operate the same. a* a whole, that the llrst-nieiitloned removes tho water to the siirfaeeiind returns It undo/) the aft end of the vessol In time to prevent^" her settling, the other holds the vessel stcsd* In a beam w hid. so that alio cannot roll, Jidd her sail draws evenly. 1 have built two small cult, one a steamer In 1854. With steam alone we could make tori miles an hour. But In one gale we ran her with ss.ll, the wind on her quarter, over elghteop n.llos ah hour with steam shut off. The other I built ln'1874. On two occasions we run her In extreme high wind at tho rate of a'mlle In three mlniltes directly in the troughs ot the wave. It is only n waste of time to Im¬ portune Congress to puts some laws to aid our shipping with Improvements suih as are now in use. We cannot possibly oompeto with forolgn nations as maters now stand. Wo must hnve'veskols which call carry qar-, goes for the same i degrees of tonnage, and do It At muoh less cost and more speedily, Congress can aid by causing a i-cicntltlo In¬ vestigation of iirltlMples willed will do this, and |ii nootheifway. But unless some In¬ fluences ntitsltlSot piesent constituted pow¬ ers can be bro'ttght to bear, this has but a small chance ot being done. Congress has Its adviser' In the Secretary of the Navy. His advisers are the constructors.' Any ap- j peal made to Congress Is referred lo lilin and them-. This whole mutter has heon running for ages in the rut It Is now, and the men alluded to are-the last ones to put their shoulders to the wheel to lift It out. It Is ' not for their Interest to do It. Bdt It must come out, Perseverance is the wedge to lift it. Truth can not always remain crushed. VITALITY OF AMERICAN SHIPPING. On the question ot the vitality ol Ameri¬ can shipping J. W. Nmeioss. of Loekport, New-York, writes the Nautical Gazette, 10- viewing the causes of its decline, and ad¬ vances probable theories lor Its revival, In the following words; "Among the many measures proposed .for the revival of Ameiloau shipping, are there any touching the vitality ol the question f This is simply a question ot competition, and U, and will be controlled solely by. the cheapest methods. Many persons claim that our war wits the cause ol the loss of our ship¬ ping interest. There can be no question but that event precipitated In a great mei sure I ho Iobs. But the real cause was in Improve¬ ments which reduced the coBt o! transpor¬ tation. The only way that we can ever re¬ gain our loss will be by improvements which will give us ships perfectly safe. This will Immediately reduce Insurance. The next great point Is economy In propulsion. In this there is a large open llel.l for impiove- ment. Vessels are now mainly piopelled at ereat disadvantage and at gieiit cost, and by a devlo-J which requires more power than any others that can be adapted to propel, by mechanical powei. There is not a question but thero can be a saving of at least fifty per cent., that Is If tho vessel's lorm is right, and her appliances for propulsion have a di¬ rect relation to It. But belore her form can be right It must in all essentials bo the direct opposite to that which Is now In use. A Mine' lor displacing or removing the water out of her path hits been for ages mooted; that there Is such a line in nature no one can doubt; but It must do- Its work In a dif¬ ferent manner than It ever has been done. All vessels now remove the water mainly with tholr bow, and throw it downward and away Irom them. This Is wrong, as the water which should sustain her aft end, as It advances, has been removed by the bow, and at great speed, the stern settles and as a con¬ sequence has to remove other water more than her own weight and at a depth which has greater pressure. In this way, to use a Cape Cod saying, the work has been done by 'main strength and stupidity.' More than doubjo the quantity of power has been used than would be If all was right. Ves¬ sels, as now formed, In times of great galet cannot choose their own position or courso to run, but must hold a position or course such as does not expose them to strain or roll. This is the great point open for Im¬ provement. Often a Bhlp's course from ono point to another lies directly In the troughs of the waves, hut she cannot take it at times of high winds, but mutt 'lay to' and wait. Thero Is no wind which will propel a Vessel faster than a beam wind, with sail set at it should bo. Both of tho Improvements allud¬ ed to have been made, and later on I will give them In detail. I will only say of them A DISABLED STEAMSHIP. The British steamship Mentmore'arrived March 1 trout Liverpool nfter a tempestuous voyage. She is so badly damaged that she will have to undergo extensive repairs. Cap¬ tain Amlnt, her commander, reports that he had very heavy weather during the voyage, and that when of) the Banks of Newfound¬ land he became encompassed with Icebergs, from which It was Impossible to extricate the ship without damage. The result was that in tho midst of the tugs and the darkness of night tho steamer struck an Immense berg, tearing a hole In her bow so large that the remainder ot her voyage was made with muoh 'apprehensions.' She, hnwewr, pro¬ ceeded, and on the20lh ult, nt 4 o'clock hi the afternoon, when tnirty-slx miles east of Cape Henry, came in eight of the schooner Jacob Klngle, water logged and brisking up. The cicw were signaling the steamer for assistance. Captain Amlot sent of) the boats and brought the men to the steamer, who gave their names a* Jacob Hayelton, master; Robert Liming, mate; J. W. Pharo, steward; and John, Harvey, John Hnffgreen, and Martin Gust. Captain Hnzelton says that he had previously hailed an American ship which was not mnie than half a mile distant, and while be Is confident they must have been seen and their'condition known, she kept on her course as though nothing ri happening. 'Ilie weather, was very cold. They were nineteen hours" In this exposed state, soma In the rigging, and nil expecting the vessel to go down any moment when the boats from-thc MeutmOrc reached them. The Klnglu was loaded with lumber, and was bounu from Nnil'nlk to New .York. 8hj> was owned by John S. Hulln, of New York\. and must have sunk soon after tho crew were taken oil'. THE ERIE CANAL. Hon. N. W. Nutting writes to parties In this city thata bill will bo tenoned favorably in the house of representatives to grant to the state ot New York a million of dollars annually for permanent Improvement to the Erie canal, on condition that that canal shall remain toll free. - Tlds Is a very proper thing to do. The Erie cannl is maintained more for the benefit of the producers ot the west and tho con¬ sumers of the east, then for the benotlt of the people of this state, which has built the cajuils and made them free totho people of tho Slates w bo care to use them. It will cost the people of this state nearly a million dollars a year to run tho canals and keep them In ouler and tepalrs. it will doubtless be difficult to got the people of tills state to appropriate any sum sufllclent to Increase or, Improve tho capacity of the canals. It would seem that In preparing this bill, tho Oswego canal has not been regarded as a part of the Etle canal. If tbe object of the general government Is to'choanen trans¬ portation between the west and the east, It Is just at essential that the Oswego canal' should be Improved as any other portlpn of' the canal system through the state. The Wellnnd canal Is enlarged and the freight which comes down through that canal can be best taken-to New York through the Ot- wogo and Erie canals. Mr. Nutting thinks the oommitteo In charge of the bill can be Induced to jimend It as to inoludo tho Oswego canal, 'ijhero It e_vory roason why this should be dorjo and not a single-reason* why it should not. If Judge Nutting should secure this amend¬ ment, as we have no doubt he will labor to do, he will be entitled to the thanks of his constituents. Every aid should be rendered him that he may suggest, and It Should btJ promptly done.—Oswego Timet. Renew your subscriptions.