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Marine Record, April 3, 1884, p. 2

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2 • THE'MARINE KECOKD. MARINE LAW. DAMAGI-S FOll COLLISION. U.S. District Cmttt, Now York, Oct. JO. Before Judge Brown. A decision was rondeicd In the notion brought by George Donslow ngnlnst the stonta tugs Uncle Abe and Snmnel J. Christian to recover dnmuge* for Injuries to libelant's canal bout Wult Olnrk, on the afternoon ot November 10,1880, by collision with the Uncle Abe oq (lie Eunl river, between 300 nnd 400 foot dff Pfar 3. The Wait Clm k wan one of u large tow which hud been brought down the North river from Albany, nnd had arrived near the customary placo fur breaking up the tow. She was neni the tall of tbo tow ^and Alongside the canal boot Dlllenbcck, whioh latter luld previously engnged the tug Christian to take nor back wllie. North river. The Walt Claik broke looskliotn the tow nnd made fan to the DlllcubiWt, telling the captain ol the tng Christian 'thnt\ie wanteu to be towed hack t.o the tow aheiM, but no answer wns given, In the mcnnthiio (lie Uncle Abe, 'with two barges In tow, cnnie arou'nd the Battery and a few moments Intel the collision occuned. Judge Brown, after reviewing the evi¬ dence, says ilia', by rule 19 the Undo Abe was bound to keep out of the way. The pri¬ mary cnuso of the collision was the Uncle Abe approaching tbo Albany tow and the tug Christian so elosly on l he shore side, In the endenvpr to keep within the eddy by tho shore as long as possible, tonvolil the strong ebb tidefurther ntt, instead of going outside nnd astern of the Christian. For violating the rules, the Uncle Abe must beheld liable •The Court dismissed the libel agaliiBl the lug Christian, and divides the damages be- •wcen the Walt Clark and UueleJVbe, and gives the libellnnt judgment for one hall her damages and costs. COI.L18IOI\ CASE. U. S. Cull ict Com 1, Xeic iotk,OU. SI. Before Juc go Brown. Louis Du Qullle, owner ot the schooner Clotlldc, against the lighter Greenpoint, tor the recoveiy of dam-' ages by collision, December 4,1880. The Clotllde was moored bows down stream alongside the bulkhead at Uimtci's Point, East river, New York, and the Greeiipolpt nt'the san»e time was niooicd next above the schooner, with her bows up the liver. The steamboat Sj Ivan Stream passed up the river about 4 P. M., m lull speed, w'lthln n hun¬ dred feet of the bulkhead, and through the swell ol theVavesthus mused the sterns ot tho two vessels nbove named to collide, by which the stern of the libelant's schooner w us greatly damaged. Judge Brow u rondercd u decision In this case October 22, in which he says. '"The place where these vessels were moored being one where steamers are In the habit of passing frequently, both were bound to take all necessary precautions against In¬ jury to each-oilier from the ordinary commo¬ tion of the water thereby occasioned, and from the liability to surging and swaning from their positions." 'llie wharfinger had ordered the boats lo be moved. The Court holds the schoonei in fault lor having moored so near the lighter. The lighter was moored where she was directed, the schooner bad abundant room below, w as i equested to move farther oil and no reason exlwvd for Iilt not doing so. In tlic rise and fall ol llie tide some, play In the position of tl e lighter was un¬ avoidable, except by constantuhaugisol the lines, which the scliooner had upright to Im pose. Ilia Honor Bays tlic e\ ldence establishes the fact that the llghtei's lines clthei sllppul or else had become slackened, or weie not properly seemed. He holds tlmt neither exeiciscd caution or vigilance jiacesmiy to avoid Injury to each other, and sajs the llbellant Is entitled to one-hull' his damages, with COBtS. LIUEL VOI1 COAL tUllNISHED A BTBAMRlt United States District Court, Boston. Oct, 11* Bi'foie Judgo Nelson. Bernaid, White it Co. vs. I lie steamer Secre^; the Massachusetts loan anil trust company mortgagees, Inter¬ veners, and, claimants.—Libel for coal fur¬ nished by tho llbcllants to said' steamer In No\einbei, 1882. The" llbollants were of New York and Phlladelhpla, but had an agent In Boston, 'llie steainet belonged to the Hutlmwa) steamship compary.u Bi^lsli Hue, late running between Boston and Yar¬ mouth, N. h. Tho steamship company lulled In May, 1883. In January, 188J, the steainci was morgaged to the MnssiidiUBetts loan and trust company, width bad no notice ol the bill for money then advnncei) nnd payable In sixty days. In March, detnult being made In payment of ,tlie debt, the loan and trust company took possession ol I lie steamer and held her till slie was told by the United Mutes mnrshnl under u libel brought subse¬ quently to this libel. The loan nnil trust company resisted this libel on tho ground, llrsl.wat the conl wnis sold on credit; second, time tho credit wat given to the Hathaway steamship company, nnd not to the vessel; third that the llbcllants wore guilty of Inches Is not Ben.somibly en¬ forcing their lien. There was n hearing some time since, and tho libel bus now been dis¬ missed on the third defence set up by tbo lonn company. In nn oral opinion, Judge Nelson said In substance: The Massachusetts loan and trust company mortgagees had no notice of the claim of the llbelluntsnt the time of the advnncment, and first received notice In May, 1883. Four mouths from the timeciodit explied this bill is tiled. The ves¬ sel has been In tho Dili bor exposed lo the en- forcnieut of this lion all this time. The Hatha, way steamship com puny were In a condition to pny up tbo 1st ol May, when it failed. There have been laches on the part of the libellnnts, nnd the defence by the lonn com¬ pany Is well grounded. There bns been no eflorl made by the libellapts to collect be. yond frequent 'dunning," and it appears that if the libellnnts ha.I proceeded season- ably'they would have got their money, at least they would have put the trust company In such a situation that the hitler would have insisted on payment. Thus in till probability the libellnnts would have received theii pay from the Hathaway company. The Hen ol the llbelWnts cannot provnil against the mortgages, because the libellnnts made no eflort to enforce their claim nnd so It mus be postponed until after the payment of the mortgage, especially- as the trust company were probably assured that no previous lien existed against the property. Tho libel was accordingly dismissed wltl) costs. GENERAL JihWh. During tlielwelveycinsfroni 1871 to 1882, the number ol lives lost bj dlsaslersjo Brit¬ ish ships uns 38,722, ol whom 35,000 were crew and 3,062 passengers Negoilutions now proceeding in England with regard to tho meichant shipping bill indicate that « conclusion will be reached satisfactory to ship-owners, while the main purpose ot the bill will be preserved. Sirs. Captain Miller, the woman whose ap¬ plication lor a pilot's IkeiiBe has of lute cre¬ ated so much comment, has entered upon her new vocation as master of n Mississippi river steumbuHt, the icport oLthe New Or¬ leans local Inspectors showing that she has paid her fees and obtained n license for her boat. ' A man by the name o^Tiaynor intends to make n trip Ironi New York to Bristol, Eng¬ land, lu n row boat. This marine ' ciank" Is now at Bnlh, Me , with his bout, but he Intends to leavo New YorkCltjin Junu of? ■ his perHoiiBjvoynge. The boat Is 13 feel long on t|ie holtom,17 feet on top, 5 feet wide and 22 inches deep. Her owner put poses to row at night and Bleep dm lug the day. He expects to he between three and lour months In making the' tilp. , Cuicauo elevntois have l!i,770,O0O bushels of wheal, 0,200,360 of coin, 1,005,020 of oats, 1,772,002 ot rje and 249,500 o« barley, mak¬ ing a total of 22,087,073 bushels, ngalust 22,- 403,800 bushels njeai ago. There aro also 1,000,108 bushels of grain stored in vessels in the river, mostly corn. The whole of what Is called llie "visible supply" of grain In tills country and Cnnnd.i Is given as 34,055,201 bushels of wheat ,15,300,002 ot corn, 4,720, 158 ot outs 2,508,814 of rye nnd 2,034,100 of barley. Tub opening of navigation, which may be looked for In the course ol n few days, It tho present moderate temperature continues, Is a boon which a gient iiuinbei of people desire to see. Bustling activity will then pi evade the qunrteis which have during t lie past thice mouths been dull nnd lifeless. Tho slilppeis, conl and iron ore men, lumber dealers and tugmen and others long dormant will resume operations. A ceifllliate lucnipoiatlng tho Rapid Steamship Company was tiled on March 13tli in the olllce ol the county cleik, New Y*irk The company Is organl/ed with u capital stock ol $250,000, divided into 2,500 shuica ol $100 each.' The col pom tors uie John Rnueh, John W. Hundred, Alexander San- gar, George II. Reynolds and Mlbrs Coryell. The objects of the company arc for building stcamshlpB, stenmbouts and other 'veBBela. especially auxiliary screw propelling power to tlmt already emplojed, calculate! greatly to Increase tho speed of vessels. ' . « ItomcsRHTATivKs ol all hull Insurance company* doing business on tl|tf hikes have been In conference at Buffalo during tho past week nnd inharmonious conclusion was arrived nt, which 'will ullny the wnr Hint obtained* Inst season and which proved quite' ruinous to a number of the companies The question of tariff was referred to u committee nnd their report wns unanimously adopted by the meeting. It Is graduated on steam nnd snll vessels according to their, class nnd valuation, a low priced vessel being made to pny a higher rnto than, a Irfgli priced one of the same class, however. This rule Is based as the theory that it cosib about as much to release it-small low priied vissCl us It doesa large high priced one, Tho President sent a message to Congress on the 20ih of March recommending that appropilatlons be made at the present ses¬ sion toward ih-rignlng and commencing the construction ol at least three additional steel ci niseis and foui gun boats, recommended by the Secretary of the Navy, the edstof which, including their ainiauieut, shall not exceed (4,283,000, of which sum one-half should be appropriated lor the next tlscnl year. Tho President says the Chicago, Bos¬ ton, Atlanta and Dolphin hnve been de¬ signed and are being built with care and skill, and there Is every renson to believe thev will prove crediinble and serviceable modern cruisers. Tho technical details, he thinks, arc properly left lo experts, com prising the naval advisory board. Ho Is unwilling to-Fee the gradual leconsiruetlon of naval ci niseis delayed one full year lor .any nnsiiltstnmlnl reason. The Piesldent uleodeclines that appropriations should be made without delay lor furnishing four doiible-turreted monitors and for procuring their ai miiment. ----------- —■ * ---------------- DETROIT iV CLEVELAND NAVIGA¬ TION CO. Sptcial Con cipoiidenct Marine Jleoortt Dktiioit, March 20. The Detroit & Cleveland Navigation Co. will continence opening of the route this sea-, sail on April 2d, by the departure of the steamer City of Detiolt, and the Northwest as soon ufter as alio can be got ready. The first depnrture lust year, was on April 17th. The route wns first Inaugurated In 1850, the bonis plying tlmt yenr being the Southerner, Captain L. A. Pierce, and tho Baltimore, Cap¬ tain G. W, Strong; in 1851, the Southerner, Captain L. A Pierce, and Baltimore, Captain H'. W. Vorce; 1852, steamer Finest City Captain Pierce, St. Louis, CnpTnln Hopkins' nnd the Sum Ward, (pirt ot the season) Cap¬ tain M. H Enstnbrooks; 1853, steamers .Cleveland, Cnptnln J. II. Howe, and May Queen, Cnptnln R. G. Evans; 1854, steimer Cleveland, Cnptnln C. C Stunard, nnd May Queen', Captain Evans; 1855, steamer Ocean, Cnptnln C. C. BlOrlgHt, nnd May Queen, Captain Evans; 1850,Ocean, Captain Blodg- ctt, nnd Mny Queen, l nptnln E. R. Vigor, City of Cleveland, Captain J. M. Luudy; 1857, Ocean, Captain Evans, May Queen, Captain Vlger 'I lie same steamers and mas¬ ters filled the bill until 18112, when tho City of Cleveland, Captain Evans, and May Queen, Captain Vlger, piled tho fore pint of tho sea- Hon,_wlieu the new steamer Morning Star ciuno on tho louto In command of Cnptnln Vlger. Captain Evans died In July ol this yoar. In 1803 steamer Mny Queen, Cnptnln Win. McKay, nod Morning Star, Captain Vi¬ gor', were on tho ronto. This arrangement continued until 1807, when the 1L,N, Rice, (new) Capfaln McKay, took the place.of tho City of Cleveland. The Morning Star, Cap¬ tain Vlger, was mink in midsummer of tills yenr by a vessel on Luke Kile, and the va¬ cancy wns supplied by the steamer Noith- wost, Cnptnln Vigor. There was no further change of bonis or musters until 1871, when Vlger died in November of tlmt year and his place wiib tilled by Captain D. A. MeLnchlnn. Tho ltico w us burned nt Detroit In June, 1877, nnd her place supplied by the stunner Sagi¬ naw the remainder of the season. In 1878 the stemnei City of Detroit (new,) Cnptnln Mo- Kay, unci Northwest, Cnptnln McLiichlun, took the route. The sumo steamers nnd mas¬ ters remained until lust Yenr, whon Captain McKay wns superseded by Cnptnln MoLoch- Inn, of the Northwest, and the latter bout w as commanded,by Cnptnln Dugnld McLaehlnn, which arrangement will continue tho pres¬ ent srnson. The first two years of lu organ¬ ization the agency wan held hero b'y John Chester & C>., then hy PUtmnn, Trowbridge & Jones unto 1855; Trowbildge & Jones up to 1858; vlgnrons Jones up to 1801; J. W. Keith to 1865; nnd Keith 3k Carter up to 1807, since which period David Carter has been the general manager. From and after 1863 L. A. Pierce was the tnnnaget nt Cleve¬ land, and up to llie time of his death, which occurred June 20, 1881, alter which T. F. Newman assumed the management, which he still holds. J. W. H. VESSEL OWNERS IN COUNCIL. The Chicago Vessel Owners' Association held a meeting on the 20th of March In the committee room ot the Bonid of Trude. There was n fair attendance. The officers are ns follows: President, Wiley M. Egun; vice-president, A. G. Vim Scbnlok; treas¬ urer, C. W. Elphlcke; secretary, F. B. Hig¬ gle. The following bonrd of d'rectots wns eleetcd: Wiley M. Egnn, Thomas Hood, George C. Flnnov, J, HI JCelth. C. W. E'- phlcke, A. A. Cnrpentei, A. G. Vnn Scbnlck. At a luture meeting ot the board of direc¬ tors new olHcers(loi this jeur) will bo elected nnd nn executive committee chosen, nnd the latter will arrange lot a shipping olllce for snllois and appoint u shipping ma tor, 'I he present societaly nnd shipping master- Cnplaln F. B. Higgle, will doublleBB.be re appointed. When the election of directors had been completed n number ot speeches were made protesting against the plan on which the hull Insurance companies have organized, mid "llie wholesale ami unjust dlscrimlna tlon " In thlB plan there was, according to the speeches, great and unjust discrimina¬ tion against snll vessels In tuvor of steam; then there was the grossest discrimination In tnvor dt bfgh-vnlued largo vessels against medium-sized craft, even ot the same stand¬ ard class; nnd, finally, there was such sliainclul dlsiiluilnnllon against Bl vessels that the owners of stub craft might as well have them laid up, foi they could not nun pete with the other emit and pny iiisiiiauee levied at the rate of 0 per t ent. w lien other craft got nrtes n't h% nnd 0 per cent. The following resolution Wns oilered and unani¬ mously adopted : ,. Resolved, That a committee of three be ap¬ pointed by the chair to consider tho feasibil¬ ity ot taking notion on the question of sail ves-el insurant e, us said lo have been fixed by a convention of murine Insurance repre¬ sentatives, held in Buffalo March 22J, with a view of obtaining justice for saltl snil-ves- sel Interest. The chnlr appointed Mefsrs. J. L. Higgle, Thomns Hiunl nm| Jatnqs S. Dunham as the committee asked for. These gentlemen will confer with vessel owneis generally. Whether they will linullv confer with tho underwriters Is not jet decided upon. The owners simply will not give the Insur¬ ance people any such terms its iliey ask. In¬ surance is not yet plm ed, nnd they are In a position to loree the compnnles to be reason¬ able. The etlort w ill be to liHlnce nil own¬ ers to unite In a stand against the dlscrimln ating plan adopted, and let the Insurance companion, as they deslic insurance business, come to the vessel ouneis lor It nnd bilng reasonable teiins with them. The owners urged that the (ompaiitcB were icckless In their wnr on eneli other la«t season nnd bad lost heavily—ninny of the losses hnve not yet been paid—ami now they turned around, organized, and proposed to put the screws on vessel o^ ners, but ow tiers would i ot put up with It. One of the owners, who bus a habit of very often predicting tilings that eome ti ue. said' "if those compnnles think vessel ov ners arc going to pu\ any such latcsand allow any such disci Imlnatlon they aio vei) much mistaken. But I think there Is n 'dnik horse' movement In all this. One or two ol tbo fly agents have gone lulo this plan and tho companies have, lied themselves up to It and in a slinit lime It will be dis¬ covered ihat these lly ngelits have gone around the lakes nnd taken the eienin of the hull Ituslucs* nt reasonable figures. Just mink me mid see It bnd Inlth does not crop out idler nw Idle."—Intel Ocean. A *20 BIBLICAL PRIZE. The publishers of Rutledgo's. Monthly of¬ fer twelve vnluable rewards In their monthly for April,among which Is tho following: We will give $20 to the persmi telling us how nfuny words llieie are In the Epistle of Judo, us recorded In the New. Ttstuinent Scriptures (not the New Revision,) by April 10, 1884. Should two or moio correct nn- swers be receivod, the rewind will-bo divid¬ ed. The money will bo loiwurdcd to the winner AprlllS, 188-1. Pel sons tiylng for thn lewnrd must send 20 cents In silver (no postngo stamps taken) with theli answer, for which they will rocelvo tlio Mny Monthly, In whicli, life nuiiie nnd uddiess of tho win¬ ner of the reward ami tho conect answer will be published, and in which sovciul more valuable rewinds will be oilered Address Uutlcdge Publishing Company, Euston, PeiMi.

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