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Marine Record, June 5, 1884, p. 2

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s\ THE MARINE KECOKD. • MARINE LAW. .' LIMITATION OK, LIABILITY. U. S. Ditlrki Court, Bolton Hast,, J/ai/ ft, Boforo Judge Nelaon.—In re,(lie libel nnd petition of the Boston anil-Savannah Steam- ' ahlp,Co.—Llbela were brought by Satmio' Fitwc'ott, »dmliilatrntor,'and In his own right and that of Ills wjfc, to recover $50,000 under thcgenornl admlrallty Jurisprudence of the United Stntes—$5,000 under, the Massn- chuaetts atatutea," nnd thevnlueof baggage nnd personal effects, tort—for the death of their ion, Sampson Fnwcctt, oatiied by the stranding and sinking of respondent's ship, City of Columbus, Jim. 18,1884, on which - ship he was.a steerage passenger, the libel¬ ants claiming tlmt the death was pauaed by the negligence of the company judjthelr agents. The libel of Jamea Brown la brought ' to recover 1,25,000 for personal Injuries and value of personal effects, the libelant beluga ateerage passenger and readied. Other llbela were filed of n llkecharncter. The steamship company then tiled Its libel nnd petition'for limitation of liability under, the act of 1851, providing that the liability of theowncrof a vessel, for nny embezzlement, loss or tfestruc tion by any person of nny property ,'goods or merchandise shipped or put on board of such vessel, or for any losa, 'damage or Injury by collision or for any net, matter or thing done occasioned or Incurred without the privity or knowledge of such owner shall In no case • ex< eed the amount Or value of the Interest of such owner of such vessel and her freight ■then pending. To the libels the respondent company claimed that the court had no jin Isdlction over the libels, by reason of tho libel tor limitation. After the tiling of the company's libel, the court ordered an np- praisment of the nmoiiiu and value of the in¬ terest of the respondents as owner in the .steamship and pending freight, nnd after making upprnlsinent ordered stipulation with suietles tobeglveii for payment into court of such amount and it was given. The court then issued a notice to BroVu and other libel' anii notifying tiiem-of the tiling of the libel tor limitation'of liability, and citing all pel- nine claiming damages tor loss of llle and pinperty, by reason of the,stranding, to ap¬ pear and make proof to their claims, and alterwnrds It aBked lor an order to restrain the libelants and others from prosecuting their sultsv. Exceptions, answers, etc., were Hied by these libelants, and the cases are nun argued upon these exceptions, taken in filet by both parties. They raise three ques¬ tion!, : 1. Whether there eiaii bn any recov- eijtluiiulniiralty for£)ns of life either under Mate statutes or general admiralty law. 2. Whether the act limiting the liability of ship¬ owners nppl|es to cases of loss ol lite or per¬ sonal injuries.* a. II It does, whethor the insurance money should be brought into court. Hearing had. Thla waa a libel to.recovor dnmagee by ren< aoh of a collision between libelant'! aohooner Parens and the eohdonor B. B. King In tow> your friend; noed not go to the'eipenso or of the tug Union. The defense wassefup rronbloof dragglng.thjjako /or your body; that the matter In controvetay liad already been submitted to three arbitrator?, wlio hadi heard evidence and' rendered their award compelling each party to' pny~~hls own dnm- agoa, so that the question waa ret ndjiidl- "cata. To this the libelant replied that lie had no notlce-,of the meotlng of tho arbitra¬ tors nor nny opportunity to put In evidence before them. The judge held that the agree- ' ment for arbitration waa sufficiently fu",lll(i explloft'to define the controversy and autk I jeet mutter on which tho arbltfalors'were to act. Awarda were to bo liberally Inter¬ preted, and no Intendment would be made to overturn tt, but every Intendment to up¬ hold one. The libel would therefore be dis¬ missed for want of equity, but without prejudice to the'right to llle a bill to tot aside the award. i umuivoF i UK no tiio.mas hood fou uik ' ADAMS BlIUSK'l VIADlt'l ACC1DKNT. Au Interesting question was decided rc- euutly by Judge Iilodgett regaid- ing the Adams street hildge disaster some time ago. There was a*petition by the Ves¬ sel Owners' Towing Company as owneis ol the lug Thomas Hood for limitation of their liability under the provisions of section 4,288 ot the Revised Statutes, by leason ofceilnln iiiju ies committed by the tug. It appeals that the tug was employed In the Chicago iIvim 'mil harbor In 'towing, that In that ca paclij on thr 28th of September last took li tow the hchooner I)a\ld Vance for the pur¬ pose uf toning her troni near Wells stieet bridge to an elevator near Sixteenth stieet. While so towing (be schooner she struck the abutment ol the Adams street viaduct anil broke part of it down, damaging not only thestiueture itself, but sume persons ami wagons on It. One of the parties cited by J the company to show cause why ilia'Vessel Owners' Towing Compnny fhould not be al¬ lowed to limit Its liability to the value of the | tug demurred to lite.petition on the ground that it diil not show any case coming within the provisions of the section loterred to. TheJi'dge, In deciding the demurrer, said the case was a novel one, but the petition had show n itselt within the provisions of the law, and the demurrer would be overruled. i -> A. QUBSTIONOK ADMIRALTY PBACTIOK.' In the case of J. I). Taylor against the steam-lug Union, n question of admiral y practice, wn« decided Ity .linlgo Rlndgett, ■ ' tkeasuby decisions. ^ The following decisions of the Secretary of tho Treasury areol Interest .tu vessel trieii: , In reply to Thomas Kinsford of Oswego, N. Y., in regard to testing boiler plates, the oepartmetlt does not feel authorized lo per¬ mit the inspectors to cut u plate tor testing the strength ol plates In a boiler thai' has been nsedjii a mill or for other than mailiic purposes, even though the plates of which It Is composed ure duly stamped. Rule 75 of the rules and regulations would exclude, the boiler from Inspection, the rule being as follows: "All steam boilers madejn con¬ formity tu the steamDoat law In force at the time they were built, provlded~nl<»aye that tho bojlers aic in good condition, may be lawfully used oimuy steamer, provided they have notheen used for other than marine purposes."' . , L- In a letter addressed to the AttorneyJJen. oral, April 14, tire following questiofiswore asked: , — *- — — Wherejitoek ot an incorporated company Ib held by lillensTliiis said company a right" to American registry for Its vessels? WJiero a minority of the original incor¬ porators are nliens, or where ji majority of the original Incorporators are aliens, lias the company a right to American registry lor Its vosseh>? lie replies nnd concurs in the ruling that documents may be issued io such vessels. A< question on the payment ol tonnage tax ol tbogchobner Julia A. Ward was raised. It nppearsjtliat this vessel paid tonnage tax at New York, April 21,1883; that on her re¬ cent voyage troin Matanza, uiUlur stress of weather, she put into■Kilganoun, Mass., when, having remained over forty-eight hours she made entry as lequired by-law. Thevntrv was made on the 18th of Mav, at Edgartowu, whence she proceeded to Pork land, 51c, wheic she arrived nud made en¬ try, on theAWh instant, as from Maiitauzas via Edgartowu, and the tonnage tax Was) exacted because the entry was made troin a foreign port, four days alter the expiration of the certlllcalu ol the last previous pay¬ ment of t|io tax. The department decides that tonnage tax only accrues on entry from a loreigu port,, and ll.at the tax collected must he refi.nded. A FAVORITE hTEAMEH. The follow lug correspondence is public lied In the St. Clair Republican : Mauixk City, May 13. To Messrs. W. H.-Hopkins and Mark Hop- kins: Gentlemen—There Is a rumor going about that you arc? both Interested In a steamboat which is lo be rtmon llic St. Clair river In opposition lo the steamer Mary. This Is doing me injury'because It carries with it an Intimation that the Mary is not a suitable boat lor tho route or is not properly managed. Having, by great exertion and the Investment of a large sum ot money, suc- ceciled (In my dnlirou) In placing upon the river loute a faster, handsomer, more com¬ modious and superior boat In every way to any that ever occupied the route, Qr Isllkely to be placed upon It lorsnme yeais, and hav¬ ing cxeicised gieat euie In her management, I had Imped that my ellons weicglvlng sat- lactlou lo ilm public,ami it pains iiieto hear it even miiioicd two of the most pioniinent and most public spirited citizens on SL Clair river, and two whoso patronage und good will 1 esteem of the utmost Impoitance, have taken sides agaluat me. Is there any truth In the rumor V Yory truly yours. C. HoEuiov,' St. Claiii, Mich., Mav 15. Hon. C. McElroy, Marine Clly, Mich.: Dear Sir—Yours of theliilh Inst. Is received this morning.. There la no truth whatever lu the rumor you mention. We are not only thoroughly satisfied, but very much pleased wlih.the steamer Mary and her management, and utke great. pleasure In recommending her both to the pleasure seeking and travel¬ ing public, believing her to beentltled to the most cordial support, ' , • Very truly yours, Wm. S. Hopkins, Maiik Hni'icix". MYSTERY OF THE LAKEB. "If. you nro ever drowned In Cayuga lake for"tii'ov'd never find ft!' • This waa the cheerful remark made'by a resident of Ithaca, who hna.a tasto for geo¬ logical research, and whoChaa Indulged it, during tho-paat few years, In Investigating the bottom of Cayuga,lako. "Prom all I .havo been able to discover, [said he, "tho bottom of Cayuga lake.la n aorioa or largo openings and oavltlea, many of. them reaombllng the crators of extinct volcanoes. Soiuo of these are u hundred feet In diameter, and are surroundod by. ralaed rlm«,llke the sides of a-milk pam-Theie craters, as I believe they are, He at dlffcront depths, or 'rather, nreof different heights. Their depth I havo never been able to_sound, although I have lowered many hundred leet of plumb line Into them. They are undoubt¬ edly fathomless andliave become reeopttiojes of tho bodleB of the hundreds of persona w lib are known to have- befn drowned In the lake during the past half conturv, and of the undoubted thousands of peofile killed In the fierce battles that were frequently waged on tho'shoresol the lake botween,hoBtlle tribes of the^orlglmil people' years before the white man appeared on this continent. "It was In Cayuga lake that the wretch Ruloff lowered (lie bodies of his. wife .and' clilld, Inclosed In a cheat, after he had mur¬ dered them twenty yeara ago. The weeks that were spent lu dragging for the chest was time thrown away, lor It had sunk into the mouth of one of these dead volcanqea, nud, If it Is not sinking yet, is no doubt float¬ ing about lu the bottomless depths where, In the ages past, lire anil smoke and nshes were the dominant elements. "Wlihln forty years between 200 nnd 300 persons have been drowned In Cayuga.hike, to i ecover the retrains of whom the grap¬ pling iron nnd drag have been used indus¬ triously, But lu vain. II if were possible for one to make the rounds of this lake's crater-like bed, he would, beyond doubl, en¬ counter hideous charnnl houses beyond num¬ ber—caverns where thousands of grinning Skeletons have lound their own sepulcliei, sublerianenn cntaotimbs without end. Wa¬ ter tnkeirfrom n depth of 300 feet in Cayuga lake—which inu*t have beeirfr(im~nne of these caYltleB, la strongly charged with sul¬ phuretted hydrogen, nitrogen, carbonic acid and llic carbonates of lime, potash, sodu, nud irngnesln.. Cayuga lake has also a mysterious tidal motion. It is irregrilar lu its .occurrence, but veiy decided. The phenomenon has been known to appear twice a year, and then two years or more have elapsed be¬ tween Its periods. The wnter frequently re- cedes fifty feet,. The ebb-Is gradual, but the [.flood tide comes in with considerable force and rapidity. -This phenomenon is also no- tlced on Seneca lake, which Is divided from Cayuga by the high Seneca county hills. The surface ot Seneca lake Is sixty feet active that ot Cayuga lake, but I believe its bed is of the snmn remarkable character. ,'Soneca hike rises and falls as much as three feet during the time of lis tidal commotion, which Ib also li regular In its periods. "I believe there Is a subterranean river i iinniug from Lake Superior, through Lakes Htiron and Michigan, under Lake Erie, and emptying Into Lake Ontario. There Is no other way in n lilch to explain certain mys¬ teries connected with our great lakes. The surface of Lake Supeiiorls aboin 050 feot above the tide, while Us bed Is 200 leet be¬ low the tide levtd. Lake IluiouVsuiluee is llfty feet below that of Superior's, and its bed Is about on a level with Supoilor's. Tho surlai'Ptof Lake Michigan' is 300 feet lower lhan Lake HurnnVnnd its bed Is sunk'a cor¬ responding distance lo the level of the other two lakes. Lake Erie's surface Ib nearly as high as Luke Michigan's, being 505 feet abov^i the tide, but its bed is also above tide, bclni 300 feet'higher than the ocean level, consequently its bed is 250 hiuher than those of the lakes above It. Lake Ontnilo's siirlaee Is tile lowest of all the great lakes, being less than 500 feet above tide, bu: Its bed ls280 leet below the ocean, or about the same level iib Michigan, Huron and Superior. So there Is n continuous fall from Lake Su¬ perior to Ontario, and nil the outlet that the upper lakes have that Is known is the com- pariillycly iiislgiillicant Deiroit river. That stieairTnevcr can tare forldlof thntrgrcntr| pressure and volume horn ahuve, and the theory of «n iiiideigroiind river, such as I mentioned, seems to me most reasonable. All the St. Lawrence fishes arc taken in every one ol the lakes but Lake Erie. Why V Because they lollo" the course ot the sub¬ terranean stream passing 300 feet beneath the bottom of Lake Erie, and enter the wa¬ ters of the upper lakes. The great lakca above -Lake Erie have an occasional flux and reflux of their waters, corresponding with ocean tides save In regularity. "Tlie subterranean river, according to my theory becomes occasionally obstructed by great obstacles that are constantly movlug down from the lake botiomsA Then the chan¬ nels of outlet are Insulllclcnt) to carry off the great volume of water, and they are damned ack and the lakes rise. Finally these ob¬ structions are swoptaway by the trrlsUttble pressure, the river flows naturally once more, and the damned-waters subside. That Is the whole mystery of the rise and fall of tbotlde«ln the?rcnthkr«."—.Vfi' Yuri; v"i'. /" A SHIP'S POSITION AT NIGHT.' An Important suggestion to Seamen tor finding a ship's position at any hotir-or the ,. night has recently beon-put lorlh by Can. tain Charles S. Hudson, chief officer In the British-Union Capo Mall Mrvloo. Hli meiu. od, as proposed In the current number of' the Natitloal Magazine, depends upon atsr observations, and oan be employed at stir tlmo' of the night In clear Weather<«A|. though stellar observations at sea are rarely ' taken and are seldom relied on, Caput?, . Hudson rightly thinks the eorreot takln«of star altitudes Is merely a matter of practice with seamen. If, 'upon the well-known principle of Sumner, the altitude be taken of two stars, differing in bearing as nearly as possible eight points, and the lines of po. altlon found, the true position of a ship will be where these two lines Intersect.' The »d. ' vance made lo the speed ot steamships, and tho faot that ports must be made and entered by night as wed as by day, ospeolsjly by mall steamers aiming at regularity In their' trips, necessitates more precise, methods'of llndlngi their positions'than solar observa¬ tions ndtult of, - The'plan propoieU by Cap¬ tain Hudson may be Imperfect and not si ways practicable. But as an attempt to solve an Important problem upon which the safety ot ocean navigation will always large¬ ly depend, and as Its author has found tela method of great'service, especially In high latitudes in narrow 'seas,'and where cur¬ rents nre swift nnd Irregular, It deserves tlia careful atudy of seamen'. Could the steam¬ er Stelnmaun's position have been determ¬ ined by this method at any hour on the evening of tho 3d Instant, the proximity of the lata) ledge,, on which she struck a few hours Inter might possibly have been dla- CTnreretHrrtlnie^cr^reveitHlte-iliaaslerT-'tu: practical results obtained from the "new astronomical navigation," as developed by M.deManuac, a French naval commander, and M. Yoou Vlllarceau, of the Purls obscrv* nlory, have been so accurate as to wurrant the assertion of a high authority that "for the determination Of the place of a ship at sea the heavenly bodies arc, lor the naviga¬ tor's purpoie, like so many lighthouses In "Wit. ________ ____' THE COLLAPSE OF SHIPBUILDING. Aftec_attalnlnK_last_yenr_ tu the highest point .that it 1'iis reached in the history li¬ the industry, shipbuilding ut the North Eastern ports has In the first three mouths of 1884 colhipsed. It him been 'definitely stated that there nre now about 7,000 ship¬ builders unemployed on the rivers Wenr and Tyne. li this statement be even ex- *ggerntcd, it must bo confessed that there Is an enormuiis lallffig,offiii the number anil < the tonnage ol vessels in course of construc¬ tion. On the Tyne and the Wear tho num¬ ber of vessels on the stocks Is only about one-halt of those on the s'iocks_at the same date lust your; and ut the other shipbuilding ports there is also a falling off, though not quite so marked. Again, out of the vessels on the stocks there are some, the progiessuf which Is stopped; and as others are launched their places are not taken up. It Is'thus clear that theie will be an enormous falling off in the tonnage of the vessels bulll.at tlio . North Eastern ports during tho current year, and it is probable that the completncssol tlm collapse will be one of the reasons that lend to the conclusion lhat the recovery, If not very rapuirwlll boiiotsalongdelerrcd, The loss of vessels still ,gocs on, and as the woik of the steamers had been restricted by the enormous stocks that hud accumulated, nud as these slocks ure now falling oil', It may be lulrly concluded that the deiniiud tor lounugo will recover with more speed than had been thought likely. So cc mpletc u collapse as has beoii'Wlinesseil and Is being/witncssi'd may loud to u revival lu the liadu at no veiy distant date.-^Murine. A'ii(/iam\ Lo.\dun. . There Is u great deal of sympathy for Cap¬ tain Fugan. He sailed lor Valentine Fries, ol Milan, jears ago, when Mr. Fries was compaiaiively a poor mini, and made-money for MY. Fries. This se.iEon Mr. Fries dis¬ placed him as commaVlcr of the steamship Edwards and-refused tosflve hlni a berth on any ot the other vessels of the fleet he barf been commodore ol so long. Some one said tlie captain had throatcued to kill Mr. Fries. He was on his way to Milan from Chicago, and at Mr. Files' instance he was placed un¬ der arrest. The luut of the arrest"brouglrt on tin nttnek of.henrt dibeusC', and the cap¬ tain now lies piostrutc In thlsclty. Captain Fugan'* friends Bay he was Simply golmr, to Hee_Mjj. Fries, had no Intention of harming hlni, and had never given expression to a threat. It has been suggested by shippers at Mon¬ treal that the. government might overcome tho difficulty by making Canadian vessels ab¬ solutely free, while American vessels passing through the Wellsnd canal mav enjoy the same, privilege by giving a drawback at La- chiiie to all vessels that puss there. If American vessels como by WBy of the La- ohlne canal Instead of going-to Oswego they would have the same rlglita us Canadian veasels. . Captain Ira F. Holt has secured the con¬ tract for transporting 600 tons of ore from the Susie Island mine to Baltimore, Mary¬ land. He will take.lt to Duluth on the Stewart and from there hcWlll ship It to Buffalo via Ward's line. From Buffalo It will he thtivjicd by rail to r»iH!tnnr«^

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