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■r- r> THE MARINE RECORD. =fc= MARITIME LAty D/africf Courl, & />. Onfo «M. * 1. NAVIGATION IAWB—INTMBTATK COM- ,,' MklUJB— DOMESpciTnATflO. The navlgiltfnn laws do not 'apply to the ease of 11 vossol whoso trips nrn confined lo points Inside one state and have no conhec' tlon with any point outside that st/ito. 2. 8AMB—rOWKn'8 OF OONORKS«—DISPOSITION OF TI1K COURTS—OMTBR DICTA. Congress hu> the power to prescribe the ' law of'tho highway so far as may be neces- I sary to protect Interstate commerce,-but no court will undertake to expound tho consti¬ tution, mid. declare Incidental powers, un- less-thd quDBtlnii Is (liri'0i|y presented and the easo Imperatively requires It. . 3. SAMKi-BTKAMKn—IUIM3K* IN. TOWr-BFFKCT ^ IN LAW. A steamer being snb|ect to'tho navigation laws, the mere fact that she took barges In tow has nothing to do with,the proper nav Igailon'iif the river. (Claiming RlchijrdsrUnlted States district attorney, for plaintiff. William HrJones and MoullonV Johnston A Levy for defendant. Sage, J.' 'JJhis Is an action to recover $200 penalty upon each ot the two counts of the petition for violation of section 4,J'J2, Re¬ vised Statutes. The allegations of the first 'count lire that on the twenty-tlrst day of Sep¬ tember, 1881, Jolii}C. Powers, tho defend, ant, Was'solc owner of the Grotna Green, a steamboat duly enrolled and licensed under the IjIwb ol the United States; Hint on that day she towed two barges* carrying ,"a largo number of passengers, orhthtTOfilo i river, from Mayavllle, Kentucky, to n point in Mason county, Kentucky, occupied as n "fair grounds," and that-the'barges were not then and there supplied with life pre¬ servers, axes, buckets etc., as prescribed by the .board of supervising inspectors of steam¬ boats under the laws ot the United .'States. - The second count is for like penalty for tow¬ ing the barges from "fair grpundB" back to Mavsvllle, the same flay. The defendant demurred on the ground that the navigation laws of the United States were not applica¬ ble to these t arges, inasmuch^ as they Were not employed In interstate commerce. In the case of Gibbons v. UgJen, 0 Whojit. 1, the supreme court of the United Statejrj l|lBd nothing to do with any interference. decided Jhat the power of Congress Compre¬ hends navigation within the limits of every state In the Union, so far ns.that navigation may be connected with commerce with for¬ eign nations, or among tile several states, or with the Indian tribes, -and (hat it might naps the jurisdiction and lines of a state. In. Slnuott v. Com'rs, 22 How. 227, the su¬ preme equal held tliat the law of <Jommerc,lal navigation of the country Is placed by the Constitution wider the regulation ot Con¬ gress, and all laws passed by that body in the regulation of navigation and trade, whether foreign or coastwise, Is therefore xbut the exercise of an undisputed power. ' When, therefore, >n act of the legislature! of a state prescribes^ regulation on tho sub. ject repugnant lo and Inconsistent) with the regulation of Congress, the stale law must fltvc way. But the supreme court-also held that the power ol congress over the subject does not extend further than the regulation of "commifrce with torclgn buttons and among the several states, and with the I n- ' dlan tribes." Coming down to tlifc case of the Daniel Ball, 10 Wall. 557, tlio supreme court held that llio.limitation ol the power of Congress over "Commerce with foreign nations, among the s'cyeral states and Willi the Indian tribes," necessarily exclifded from federal r control all that commerce which Is carried jpu entirely within the limits of a state, and does not extend to or affect other Btates. Then In Hull .v. DoCuir,'95 U. 8,. 485, where a stesmboat'plylng between New Or- leant, Louisiana aifil Vlcksburg, Mississippi, tooklon board at Now Orleans a colored wo¬ man for Hermitage, a landing place In Lou¬ isiana, who was refused accommodation, on acc^fyt «f color, In tho ea%ln set apart for white persons, and brought suit under an act of the general assembly of Louisiana to en¬ force a provision of the constitution of that state, and for $75,000 damages, It was held by the supremo court that Inasmuch as the steamer was engaged in Interstate oommorce, she was not subject to the legislative control of the states along the Hue of the river where Congress, applloaolo.to her' navigation was exclusive, nnd tho judgmeiltof a state court of Louisiana against the boat was set aside- .In all'Uioeo eases the limitation of the p'bwer of Congress to the contrpl. of com¬ merce atno^ig tho several states Is distinctly rtcognlzedt' and also that Congress has no power to mako navigation, or to control the commerce which Is entirely within the lim¬ its of a state. It Is true that in-the ease of tho Daniel BnU, the- steamer was plying on tho-Grand river, altqaetherwlthln the Stato rtf Mlchlgan,and bringing freight up the fiver which was from points outside the state to points In thestate, and It was thereforo held that she wii&ongaged In Interstate oomuieice; that It waJVpjjt necessary that the freight, should be carried on the same vessel from one state to the other. In the else at bar Ulc petition shows that Die barges,were being towed from one point in Kentucky to another point 'in the saino state, and that her'trips had no onnnectlon whatever, by. any possible construction, with any point outside the' State of Keu- tgck'y. The navigation laws of the United States, thep, clearly, do not apply. 111 But it was argued with great ingenuity that inasmuch ns the Ohio' river leji great hlghwny for Interstate commerce, Congress has the power, incidental It may be, to enact the law of that highway; otherwise, a steam¬ boat plying exclusively between points of. the sumo state nllght refuse to recognize a code of signals for meeting and passing pre¬ scribed In accordance with the act of Con¬ gress. ' But that is not this case. The com¬ plaint is t|iat thejfbarges were not provided with trio means ol salety for passengers as prescribed by Congress, They, wero In tow of a steamer which, tho petition shows, was regularly enroled and licensed, and subject to the laws of Congress. It niny Be that Con- gn ss has the powor to prescribe the law of the highway so far as may bo necessary ,10 pro¬ tect the interstate commerce, but no court will undertake to-expourjd the Constitution and declare Incidental powers, unless the question U directly presented, and the case Imperatively requires It. The steamer which hud these barges In tow, being subject to the navigation laws of the United States, the mere fact, that she look In tow tile barges with the piuper navigation of the>OuJo'river. In the judgment of the court, the naviga¬ tion laws ni the' United States have no ap¬ plication to the case presented by the peti¬ tion. The demurrer Is therefore sustained, and the petition dismissed. THE WAUBUN. ' The handsome Jlttte propeller, the Wau- bun, of Ashland, which came here a few days ago to be calked and repaired a little, Is now In'tlrst-class trim and will leave for Ashland tills afternoon. The staunch little emit, of which her owner, Captain Brower, is justly proud', was originally built by a resident of Green Bay, named Fulber, and cost him 926,000. At that time all her cabin -metal work was of solid silver, and some idea of the expensive outHtllngs which con¬ stituted her adornments may be (fathered by a glance at the cabin. It Is JurnUhcd throughout In paneled black walnut, has a sideboard that cost pl,i00 and Is titled with velvet and plush cushions. All I lie lockers are lined with velvet, nickel plate abounds, and stained and ground glass are In the Windows, The parties who owned her Sub¬ sequent to tho ownership ot Fulber, sold 12,000 worth of solld-silver oil'her and still Iheio Is some left. Captain Brower, In bringing the bout up from Green Bay to Ashland last fall, or rather, in attempting It, (for the ice finally forced lilui to i winter at Sheboygan, Mich.,) was out In the storm which wrecked the Manistee, when the ther¬ mometer registered 10 below.zero. He was accompanied on that occasion by - Frank Bell, and these two safely manned tlio craft ' her through tho gale. Mr. Bell ':) on her. The boat Is eighty urieeu feet beam, has two gibes, a Ave foot wheel and has a record of eighteen miles" an hour under steam, and tv/enty-one miles an hour under steam and sail cotnblned. The run from Ashland to Duluth was made in six hours. She Is employed wbtlo In regular service, between Ashland .and Bu'yticld, alternating with tho'propoller Burker on that route.— Duluth Jlerald. Amiciiican flBhcrmen sail from Gloucester, Mass,, to the shores of Iceland In pursuit of their avocation. A (ohoouer roturned from that region a low days,ugo bringing a full oargo of halibut. 'The'vessel und crew was sent outjii an experiment to learn the fish .ing resources of Icpland. So successful has been the trip tliat many vessels will be •he navigated, but that the legislation df| equipped forthese grounds another season. , , »' ; . THE OSWEGO BREAKWATER. , Our citizens gonernlly hayo no Idoii of the extent of,the work being' dono in and abeut Oswego harbor. 'The work In progress during the" present "eason has been the com¬ pletion of dredging at thopQUthof the river iindTentrauce to the Inner harbor, the'repair of the superstructure of the west breakwater and preparation for tlio construction of the proposed spur to'the west breakwaior. The deepening and widening of the chnn- ,nol of entrance jo the rlyer has been com-, pleted, bo ns to glye u depth of about 18 feet at tlieim-iiu stage'of the lake. '1 his work carries' deep.,water to about abreast of Schuyler Btreet. 1'he repairs of the west breakwater consist in cutting down the old work to belW the water surface and upon the foundation thus obtaiifed rebuilding the superstructure upon a new'phin. The experience of the past has demonstrated that to .maintain the woik against injury from gales It was necessary to give Increased strength to the deck or cover¬ ing of tho bi'euUwater.\ To accomplish this the In-oak water Is being rebuilt with a parapet,' 12 feet wide, along the lake face of the work and curried to a height ol H% feet above low water, The remaining width of the breakwater is 23 feet und this width Is rebuilt to a height of 5 feetabovo low water, or 9 feet below the top of the parapet. In rebuilding this work an effort ha-> been made to add largely to Its former strength. The work| now in progress on the above plan and to be completed during the present season, will cover about 3,000 linear leet of the west breakwater. It Is contemplated, continuing tlio same plan of repairs next season, so as to place the whole length of the breakwater In through repair, A -part of the timber used In the work'has been creosote*) so as to guard the most luipoitant parts of the woik against decaying. Over two million fee.t, board measure, ol timber will be placedi1 In tills part ot the work dur¬ ing tho present season. It has been a tavo- ablo season for doing work since, the weather has permitted almost continuous, work during the past three months, and labor has beeiiiiibuudant. During the month ol August about 350 men were employed Upon the work, making aniouthly my roll ol about «H,000. j i A contract.lias been made with James B, Donnelly of Oswego, for .building a spur to the west break water at a pointabuut/250 feet west from the entrance. This spur will be a massive crib 100 feet long, 40 leet wide and 14 feot above the surface ol the water. The spur is placid.ut right angles to the Hue of the breakwater, tuid Its object Is to'arrest the accumulated waves which roll along the lace of the breakwater add across the en¬ trance during northwest gales. In the past, vessels have had great difficulty in entering the harbor during tho severe gales of the fall and It Is hoped that the construction of this spur will partially remove the dilllculty'of tho past. Mr. Dortnellv'B contract for build¬ ing the Bpur will, be completed this season. The value of the oxportr'und Imports of Oswego harbor Is from $0,000,000 to $10,000,- 000 per j eur and tho amount of revenue col¬ lected by the government thereon is from $800,000 to *900,000 per year. Over 3,500 vessels aunually enter und clea^, from the hnrbdr and Its Importance fully justifies the annual appropriations which have been made by congress and lead to the hope that they will be continued to the com- pletlgi of the work proposed.—Omoepo Times anil Ejcnrea's. "NOT GOOD TO TIE TO." . Vfho origin of the expression, "It won't do to tie to," was explained to a Republican reporter the other, day, and It may "be of In¬ terest to our readers to know the particulars. About thlrtyjUvc years ago, according to the roporter'srliiformatiou, Captain Swm, now a resident ol tills city, and an octogen¬ arian, was coming up on bis bout from New Orleans to St. Louis. When near the mouth ofthelted river the captain decided to run ashore and tie up for tho night. The mate ordered a plank thrown out whore a durk object, supposed lo be a stump, seemed to offer a good opportunity to tie up. A man waa ordered out at the cud of the plank and commenced winding the rope around, the ob|out to Becuro the boat, when a huge paw .struck him, almost knocking 111 in Into the river, and tearing u great rent In his clothes. The supposed stump proved to bo a bear, who sal on his huunclies watching the boat, while tlic light blinded his'eyes. The man scrambled for dear life and succeeded In re¬ gaining tho boaf; when ho exclaimed: "That's a mlghtir good place to land, but that bear ain't a glood thing to tie to." DE'AJrH OF A REVENUE.OFFICER. Lieutenant E. L. Wade, of1 the revenue cutter Bibb, died at the home of his brother, In Chelsea, Mass., on Friday, tho fith just., and wus buried Tiiosduv. It wlll*e remem¬ bered that Chlof Engineer Kefley, of the Bibb, undertook the difficult tuskof taking Lieutenant Wade to Massachusetts. To ac¬ complish it, Mr. Kelley's Ingenuity, tact and. courage were taxed to the • utmost. Uleutonaut Wade was a large, fine-looking young man, and u invorlto with' all who knew him. After being taken to Massachu¬ setts he grew gradually worse, and wnBted away until ho wu,*a more skeleton ofhls for¬ mer self; and ho died without recovering his reason.—Oodeiudurjr Journal ' ,THE FIRST STEAM WAR VEMSElT Triore ha« recently been discovered In th. the Navy Deportment, among- the' arohlvn. it report submitted to the President In ml' signed by Commodore Dcpatur, Commotion! Perry, and other famous old sea dogsol th» age,, endorsing the model of. the 8teorobo» submitted by Robert Fulton for the usoS tlio navy, which at that tlmo\warcomnoi»8 entirely of sail vessels.'. Fulton tried to nt tin- Navy Department to ndopirhls Invention lor Ihe use <>t sleuin as n. propelling •power but found It very difficult to do so beciuiie of die opposition that always, exists to Inoo vatlon, but he finally succeeded in persuad' lug the Secretary of tho Navy to submit hli model to tha test of a board composed bfthe officers of tlio hlghe'at rank, who reported i> their conclusions that Mr. Fulton's steam¬ boat "oojild move,at tho rate of four mllej anjlioiir without tho aid of wind or tide." In addition they reported "tliat wlt$Ht ■ tlio navy could gain advantages over tlio enemies' vessels, In our pons, harbors/bnyi and Bounds, and bo rendered more formku-' ble to mi tfilemy than any engine lilthertoln- veuted. She would be equal to the destruc¬ tion of ono or.more seventy-fours, or compel tlicfti to depart irom our waters, We there foro give it ns our decided opinion that Itli among the best Interests of the UnltedBtatM to carry Mr. Fulton's plan Into execution." Ericsson did not have such good luck. He Invented the propeller, and, alter submitting it to the navnl authorities ol Sweden, Russia, Germany, Franco and England, by which li was rejected, ho biought the model'to Amer¬ ica and placed It at the disposal of the Uni¬ ted States government. A lioiird of admirals was appointed to study it, but unanimously reported against Its adoption, on'tlie ground that a vessel could not bo steered il the pro- pelling power wus placed In th« rear. Erics¬ son was '(very much disappointed, and went to Congress, where, after years of lobbying, ho fl null)'1 succeeded In'procuring the'pas. sage of a bill, authorizing him to attach Ills propeller to a nilval vessel at his own ex¬ pense. He did so. It was a success, and the government adopted It Anally, after a long war with the-"old fogies." Several tltnei uller he attempted to secure nn appropria¬ tion; to reimburse Ijlm fbr money expended upon this vessel, and, although ids Invention was In use throughout the entire navy am] throughout the entire world,' Congress je- • fused lo pay him, nor did he ever receive compensation for tho monitor which lie In- vented.—Pitubunj Disi«itch. - HOW 'IHE MONT.IUELLO RIGHTED. During the tore part of this week the tug Champion was unable to work cfl'ec lively on the wrecked schooner Montlcello on account of the gale which had been blowing. On Wednesday, however, although quite u gale was blowing, she started to work on her and by noon had. the scow Vampire and ■ schooner Kate Kelley, whloh were to answer- the purpose of pontoons, placed In position. In the aftornoon they started to right the schooner, whloli was lying on her side. In order to do this it was necessary to fasten a r'o'po to the top of one of the Vampire's masts / This beldg done the Montlccllq's masts were l* -puiietfTSp to the Vampire, and the schooner " was held In this position until thejKolly was placed at the side of her and chains passed under the Montlcelio's hull. After the chains had beeu placed around tho schooner beams were plnoed aoross the Vampire and Kelly, between-wbleh was the Montice'lo. After this was done the chains were mnde fust to-, the beams and the wreck was held in an up¬ right position with the top of her deck slew feet below the surface of the wnlor. The Champion then left her In this position and started for Detroit, arriving here early yesterday morning. The Winslow has left to ooinpleteilie work of raising the schooner. Her decks w'll have to be.ialsed abovo the water in order to pump her out after she U patched up. The wreckers are of the opinion tliat they will have her pawned up aw pumped out some time to day!' She will ho brodght to this port und docked. The Mott is still In hor old position aim the insurunoe company has not j-vt lot the contract ot raising hor. She has only « tons, ol coal instead of 700 as reported on ' board. The captai n of the Mott says that Uj his opinion ilie schooner is not worth raising us she \vn8'«Uainaged so extensively hiLCOi- lldlng with the Montlcollu.—ZMro«T*"» f Press. THE SCHOONER JOHN T. MOTT. 1 O. H. Brown who went to Detroit to look lifter tho affairs of the schooner Mott,«"J» off Colchester light, says that according t» the story of the muto and orew, the soliopnor Montlcello was to blame for the ac«W«nt Mats' Greenlield claims that It was his w»lf» oil deck Captain Cronloy being below J,i"» MVlcello had no redlfeht up "ll'!*'P,,t could only see tho greijii light tho MottW away and the accident' resulted. *«" Montlcello struok the schooner with "» mondouB force crushing tho bulwarks a"", even the decks forward driving the oow spirit Inboard. Mr. Browu says tbe eonoonw lies partly on her Bide with the WP>J>«»?hu' of water. She lias been abandoned w » Insurance company but they, have iietw cepted her. He thinks tho sohooiior a tg" be hUml. Itils understood that therei •" Insurance on the Montlcello.- 0*i«ye-"»K