Marine Record, September 6, 1883, page 2

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THE MARINE RECORD. /: MAMNE LAW. I \ CIAIlTKIt I'ABTV I.UIII.i:. A Marino Court, New York.—Before Judge JlfAdiuil mid a Jury recently.—AJexmider ; Howell sued Jlnmc'c tlnwMir (o wnvdr .,!f"flr> for IliO'CliiiMcrnf l\jvo kcowJ liiilonp- iiiK to the plnlntifl'nnii need by lln^Ki'iiu, .•nit In dliipplnn linlldlnj: stone. Oiieol tile 'cowr sunk oil'Hi'vetUlelli street, Nnrlli rlv- <t. New York, on tlie-llli day of .lununry, "]S82, mid tike defendant In ennjicquencu.lnst :i load of valuable stone. Tbe stow, at the time (t sunk, was under Hie control of a rap- tain furnlsbed by tlicpluintllT.. ,Tud|;e Mo- Adanvcbargcd tin' Jury Ibut tbe pliiinllfl oould recover the dinner "money up to the tlme-nf (lie'slnklnc of the scow, but not nf- , terwnrdsja id that If t'ley foiiud that it mink - tlirniii;li tin- lu'^ligenee of tbe plaiutlll's ser- ^:uil tin- defeiidnlit was entitled to recover • in der ills count* chiim.' Tin1 jury found in favor otjIiejiliiiiitilVfnr *-.">T».:)l. '.» ------------ A Nl « lit I I. IS .SUMIlUl.ll.- In tbe Supreme ('unit ol the llinluil State- mi March 'Jlitli, the C'blel .lii-lice auiumucejl the adoption nl the IiiIIiih iue, rule : lu tiilmiinlc\"— N'n. .V.I. In a -nil l"i il.uuaiic hv colll-iun, if tin- ilaimant "I any vc—cl piuceeded agalliot "r any icspniuleut pi.........tied against 111 pcr.- -oiiam, (.hull, liy petliiou on until pic-ciited 1«.fiiri-in al the Ulili' of ull-SM llli;; III.' liliol, or within niicli finiber linic a-I lie court may allow and roiiiniiiiiijr -uitable_ irllegatiun- -hnuiiiK' fniill or ifi'j»lli;eiiee in any other \c-«"l contriltuitiii; to the sunt' I's.lMoii, and the puilleiijar- tbeienl, anil that slli'li otlicr \e--el or any ntbei parlj nu^h.l to be piciiTclcil against in the Mime Milt for such damage, pray ll.at pioce.s lie i-sucd against Mit'li vessel or party to 1 tin I end, such pro- ri-i. may be lJsncil, and If duly sened, such -nil shall pioeeeil n- it Midi \essel or paity bad been originally prnceedeil agalntt; the ____jilllgr parties In the Mill shall iitiiwi-r the petition, the elaiinaiit ol such vessel or such new party shall answer tip. libel, ami such further pineDcdii'gs rhall be bad mid decree „ vetuleieil by the"court In the suit as to law ' and Jn»flec shall appertain, lint every such petitioner shall, upon llllng'hlo petition, give a stipulation with sullleleni sureties to pay to the libcllnnt and to any claim¬ ant or new party brought in by virtue of . 6 tell process, nil sued costs d'amiiKcn ami ex¬ penses as sldjll be awarded against the peti¬ tioner by tin) Court upon the lli.al dcciee, ■whether rendered in the original or appel- laic court, and any such claimant, or new party, shall give the same bonds or stiimhi- lio'ns which are required in like eases frcm parties brougbi in under process issued on the piayet of a libcllnnt. GKNKKAL AVKItAGK. Uigli Court of Justice, .London—Queen's ltencb Division.—SvetiBen vb. Wiillnee & Co. —Before Mr. Justice I.opes, Maruli 3.—This Action was brought to recover the Bum of 88; 10- lOil, due, ae alleged by the plaintiff, as n contribution to general average; and the de¬ fendant- coiftested the point In tbe case to liave a principle laid down "as to what port H tefugc expenses give rise to general aver¬ age contiibutlon." It iinpcnreil that liXSwed- Isb barque, ilu- Ola£>J rygveson, wnsVcliur- tcred IrolTf HittTRtloii to Liverpool, and whilst op tile voyage necessity nrose to put into .Mauritius, having sprung a dangerous leak. When the average for the expenses .time en¬ tailed came to be ad|usted, Messrs. Lowndes nnd Riley, of Liverpool, the port of discharge iif the vessel, acted for the plaintiff, and Messrs Klchards & Sou, of London, for the defendants. The former carried Into general average, in addition to (ho expenses of en¬ tering the port and unloading the cargo in order to effect necessary repairs, those of wnrvhouslng the cargo during those repairs; idso the expense of Insuring the cargo while warehoused, of reloading, pilotage and out- ' . wwd port charges, mid, in fact, every charge Incurred consequent on the entry of the Rliip into the harbor until she proceeded Hiifely out ol the harbor on her journey. On tbe other lijintl, the defendants' representa¬ tives charged somo of the expen'hos to freight, and others half to freight and half to gen- wrnl average. The case was argued at sonic length on a formc,'r occasion, and it was lu¬ ll mated on the occasion .that the case was .likely to betaken to the House of Lords to . ' test the) nceuriicy'oT the Judgment—well- known In BhlppliiK'.clr'clea—of "Attwouil vs. Sellar," nnd which has been differently con- Btrued It) Liverpool and London.' , JtTr. Justice LopeB, in giving judgment for the phiiiililV, said that though tin? amount claimed•u.iibmiiiiII, thenoiilt Involved In (lie case was Imlinrtmil. The point \vtin, uyest the propriety of Attwood vs. Sellar. /Tlio" distinction luHwcei/i the two cases wtiyAluit in" Attwood vs. Sellar till; Vessel was brought Into li port of rofiijyijlir-r'onseqncnce'.of an injury which wiis'«uln>i;t to general nwn^f, whlleSn (Ids case the Injiiiy was Mil*(tTt to particular .average, lie had to dyiermliKi whether there, was any practical difference bel\\eeu this ease and that ol Attwood vs. Sellar, or between a sli|p necessarily seeking a port of relugu+rrtiiisi'ipicuo... ol-au Injury which.waa ,thu subject ol general nveragu and a ship nece-nailly. seeking n purl of ref¬ uge In cnnscipicnoii of an injury which was the subject ol particular avciage. lie (Mr. Justice I.opes,) sa\\ no practical .I'mini'liim, and wa- of opinion that all cspe i"i;- coii.-e- ipicnt upon sueli action ft- w a- nece—nry lu enable the -hip to proceed »lib her Cargo was Ineuricd for the coinuion bcuellt ol ilu- advemuier, and was chargeable In liriii'i.-il ayein^e. It scemi'd lo bliu tbnl the point principally relied iipmi by the ilelenilants, namely, that the expeii-c- ol i>iuii". iuio pott wcie not chargeable lo geneiala\c!age hecansc tluua»rgo w a- then in -nletv when the |iotl was readied was one whleh eonhl not he sii-llined, lie w.i the plailllill was entitled t-'SS 111- llliLiUigether with •slud.lpiWt»r philiitlll' co-is.*1—MtriWiiiir Hiijht^r of opinion Iluil In judgment lor inten-l. ■iccoidlugl} witli . (iKNEKAL jNKW'.s. ciops In Kranbe ire so Tin- ciops In Kranbe ire so poor that heavy lni|ortsol cereals will lie necessary 1'hc New Oilcans Grand Jury suggests to the health authorities that a creinatoiy be !8tablls'licd.ln w liicli to burn the biulips of persons who die ocVontaglou's diseases. The deaths from the steamer Kiverdalc ex¬ plosion at New York now ' numbers six. Many persons, however, are repot ted still missing, -iiml |t Is feared a searcli 'of tlio wreck will reveal more bodies. , Tlie Kocley motor stockholders are said to lie jnhTlaut once more over the .bright promise of their mysterious property. Scof¬ fers will smile at their eonlldence as usual. The import of British iron and steel dur¬ ing July were 70,;it):i tout* ngnlnsC 103,.'108 tons III the coricBpunding month last year. The iuiport of iron and steel the first seven months of the year, as compared with tlio corresponding period last year, show a de- ciense of 326,078 tons. The lastest passage on record from Fire Island to Fastnct was made by the Gnioti Liner. Alaska, In 0 days, 13 hours and 37 minutes. She was » days, 18 hours and 37 minutes from Sandy Hook tolloclie's l'olnt, Quccutown. Her time Irom "bird to bird" lias not yet teen taken. A Detroit paper salutes' the new St. Clair racing yacht in this style: "The now yacht I'ermella passed up as If she had been shot out of a gun. The breeze dho made took all tlio chips oil the wharves and small hoys hud to hung on to the snubbing posts to keep from being drawn Into the river." J. I'ook, a Chinese sailor, charging abuse at the 'muds of Captain Ritchie, ot-thc ship l'unliokesliirc, Trom Hong Kong, was re- luscd permission Jo land at New York, by Judge rotter, of the Supreme Court. The Court Jeclded Fook was a laborer under the meaning ol tlieactpf Congress, and if permitted to come ashore would boat liberty to go wherever he pleased, nnd thus evade the recent law against Chinamen. An exchange H«ysl "Rapid transit on the ocean Is becoming a mania with steam¬ ship owners, backed by anxiety of a large class of people to bo on board n fast vessel on a trip when alio outs down the record. Clyde builders are,now expected to guarantee n speed of 400 miles a day beford a contract Mil be given for the construction ol a now vessel. Nearly all the large steamship lines have last vessels newly launched or now building, eacli line apparently determined to show faster time than its competitors. Phis move Is a good one so long as safety Is not sacilllced to speed, nnd .will probably result in some astonishing time being mado In crossing the Atlantic -before ' long." Wait till the Rapid Steamship Company builds a boat, ami we dopbt not the tandem propellers'will outsail them all. ■ Tlio London Review says In consequence of recent lires In the iiavv, the Admiralty hav.i' iSsue/l mi. exhaustive code of pre¬ cautionary measures. Mineral oil Is dlsal- loiied for llglitlng.piirposes III ships; only Piillity-matcbesare lo be can led; Hill imiiuible litd* ini'-tj'bb kept where no JifiWs.arc ml-bunkcrs mini be jc'llecUvcly von'tHaled;.....I wet coal js declared Jo cause dangerous generation of lient and gas. M reliant sailers iimy do nrcTr-r-wlll what t icy please in' rcicience to llieie inatterH, and tlie underwriters pay tlio piper. , To builil-a-hip mi that lu case ot accident (n clie how t'lie stern half can be instantane¬ ously separated fi'oui II, and can continue Hie voyage securely and eii-lly ,«n its own account, Is the lnti-t contribution to the ll-l a/hiifiiginirilK agiiu-t the danger* of the -e;i. The ii'.ea I- that of a Ueruinn Inventor, and is M'tluitil with siiiue detail III die Ham¬ burg Couiler, which -ecs no reason why ll -houlil nut be i-iitip-ly len-llile. It would rinpiiiv nianv ili'pmiurr- fioni the present ninth'of building \e--el-, a- well as from ih"lr iiiti'i'iinl nriitngenieiii and equipment; Inn Hip inventor a—eit- Hint, as-t whole, a ve—cj mi ciiii-triiclci! c mhl he Inlly Hr. sea- woithv ami -vvitt a- any built on the pie-ent plan, and wouhl he twice a- secure against lll-ilstl'l'. There w II he. an inlei'iiatlonal amntcui reg.ittn on St. Clair Rivet at St. Claii'aboui Sepicinber ■>"!. Tin- pi i/e- w III he valunhle lor tingle mid ilouhle-cull-, pair and four- oiired shell-. The tour-oared race will he tnt'Hie OAI.-iiiiI llou-e pii/c-'. Efforts will bv made to bring many'ot the Kiisteru single scull-lugcUicf. All the crack four will be inviied. The IKII-dnle,Otiteiiuials, Moilocs, Farraguts, Toronto-, Wyandotte, Metropoli¬ tans, nod oilier eiews ale expected. Tlie course Is a line one, with one mile and return. Any amateur sculler or crew wish¬ ing to pnrtlclpnie will send their entry to .1. J. Lynn, 1'ort Union, before Septeinher 20, who has charge'ol the management, Valuable prices will be given each winner. Total cost of prize- $1,00U. WHAT TI1K UNION HAS DONE. Tlie Senate Sub-Coinmltlee on Education nhti Labor, is holding Bcsslous In New York, nnd on Mondar Richard I'pwcis, Genenl President ol the Seninan's Union of the Lake-, was interrogated concerning Hie status of his cla-s. Ho complained of the overloading ol lake Vessels—both passengei and frieglit-and ol tlie I ulequnto propei- tiou ot "seamen" in the crew a which man them. To mi inquiry as to why the owners of such vessels lake such risks lie said; "Be- ciusc they depend mote upon their ma¬ chinery tlinii lliclr God." There was a terrible ariaqjiiuu'iit In that reply.. Yesterday Mr. F. Klokke, late President of tlie Buffalo Branch of tu» Seamen's Union said, commenting iqitin a report of Mr., l'bwet's evidence before tbe committee, that the assertion!! were generally ebrrect. Mr. Klokke thought that not less than 80 per cent ol all tlio seaman on the lakes belonged to the union. Since the formation of the organization the-condition ot seamen had materially bettered. They felt that they belonged to something, and had generally a greater Bclf-iespoct. Where they formerly saved nothing, ft largo number now laid by something annually Tor old age. There was still, unfortunately, a bummer element in the organization, but on the whole tho sea¬ men of ihe lakes had Improved monilly and materially. There was lc6s and less of the degraded rum element among thorn. Since the formation ol (he Union wages hud grad¬ ually liicreaseu so that tho men could save something- Their season of employment was short, the work hard and dangerous, and they ought to command adequate pay for liiird knocks and danger. It wiib mentioned that a bill wns pending lu a Senate cotnmllteo to'regulate tho over¬ loading of vessel*. Mr. Klokke said It ought to become a law. Sohie veBsel owners did not seem to care either for property or lifo. On some vessels good seamen cou|d not be hired for »10 a day. Something ought (o bo done in this business. It ought to bo com¬ pulsory upon vesselowners to employ men enough on vessels to properly.man them. Ab it was, tlie owners would employ a few good senmen nnd fill outtlio cr?w with a lot of "scabs" and "dun'ers," at any pay they would lake. But when tho bad weather came on, then they wanted unioli men, good sea¬ men, and would pay fair wages. Hut In. tlie slimmer season the crews were for the moat part roustnliouta and "whnrl-rjits." Mil Klokke said that the passenger hunts werequlte as 'bad,. There was not oneol tliciu had a capable crow to man »small boat in cine ol dlmietor. Every passenger steamer should be compelled to have able Kcaificn enough to'ninn each boat, lie coincided with Mr. Powers in the lalter'u statement that owhera put too lunch rellimco upon their imiublnery, and that no piovlslon was Inade I'nr.a contingency which, might ar.lse at any time hv the machinery becoming dl's'ibled. He lurthcr urged that the law should hit'restored which required that two- thirds til' the officers nil<rcrcw of a Vessel should be American .citizens. He thought' the law was repealed during the war when foreign seamen wern lu great request. Rut sni'li a law wiis'reqillri'd to prvlcci Ameri¬ can m.....lop, slilpownoffthiid senqo GhiUgow anil Liverpool lor scameifiind,-hnd pnm their 'fares (int. here, nffci lug llieni belter pay Hum 'tliey could get aCboiiH'.lnit lelow what tlio union men dcninndcil here. Most of these - men, however, soon joined the union. There was Inn Jly"ii,vo»hj»I of^lvnm 800 to l,t)(J0 tons that liad mi ndequnto crew. They were nlwnys iiiidcrmai.....d, amltlien partly . by incompetent men." A ■slmeninkel' or a tailor might do the work in fair weather, but when tlie elements kicked up a rumpus able seamen..were wanted—men who could do theirjHiiv Instead of hi'iivhiiMip or going to . prayfiig.'"Aiid," said he, "tlie marine ward . affile ho-pual Is full of these lellows who \ not Milloi's. You might as well call a uillcr a sailor. Not a IIfib of the twenly- 11 vV or1 thirty usually thetc are Penmen. I'hi- ah.....ought to he slopped." The union w;as gaining ground steadilv, he said, and now iiuniheied about 7,000 member-. They would not sail with a scab crew, and ve—downer- were liudliig'niK- tlinl It was Ihe part of^economy to bnverell; nblc clew- on their milts. When the union was organl/"d ill 187S the Wages were flu dny, wnh the ehniueso!* di-chi'irgo ;it nny port. Pay had increased, and now wius$2. As the season advanced, and Hie hardships nnd danger- ineien-ed, higher wages would be asked.—llitjttttii'J-Ji-jur.is. _________V THE KIVKRUALK EXI'I.OSIOy. Supeivising Inspector General Ituuiont wa-a-keil, betore lie lelt this i'\cnlng for New York, what lib. Idea was as.to the cause of tin:jllaasinr lo the Riverdale. lie replied that the explosion could not well have been downward, vis repotted; that would IndiciiiHtaHiMljp'Ribcs iiad given out, while tlie iixirlrnd^iiNvas much more violent iluiii would hnve been the ease In such an event. Tlie boiler shell must have given way nnd the explosion gone from the sides, which would, of course, tenr everything away with Its sudden force. The previous' certlllcate. of examination of the/boat ex¬ pired oinJuiic 22, ami the one under which -ho wiib running was delayed for sonic reason until July 7,, though the examination might have been made on a lormer ditto. General Ditmont said Hint In' hud no reason for supposing that the examination was not through, as tho explosion in.iv have arisen from a defect in tlie Iron which was unascer- talbable by Inspection. Then Inspections are obligatory once a year, and may be mado in tlie interval, al the discretion of Hie local inspectors. .The Investigation ol Hie River- dale disaster will be in clutrgc of Supervising iuspectoi Starbiick, wltliwhom Geneial Dn- uioiit lias gone to advise. The relatives of ihose killed, and tliose persons sustaining 'llier losses will haven remedy at law , against Hie. owners of tlie Rlvcidalc, if the explosion Is shown hi have resulted from any neglect to- comply with tho law, or through known dofecis or Imperfections of the boiler. The captain, mate, engineer, or pilot may also be sued for damage in case - negligence is proved, against them. General Duuiont will. It la understood, emphatically t enow lii-i recomniuTidatlon of lonner re¬ ports in his forthcoming,annual one In re¬ gard to appointment 111 the service. At present lie lias no band In the selection of IiIb subordinates. Tho appointment of SMiporvising, Local, nnd Assistant inspectors by the Treasury, upon tlm' romlnallon In each case of the supei lor officer, who shohld be responsible for H.e general illness of the subordinate, is what General Duumnt will ask. lie-also wants the mipcrlajolileer In ' encli case to have the power lo (Ppend:any' subordinate, pending an investigation of cbnrges, involving Incompetency, neglect of duty, etc., II he shall deem the Interest* «f ■ the service Jeopardized by tbe continued 'performance ol duty.' Tlie charges would at once be submitted to Hie Secretary in writing, and an immediate Investigation ordered, the IImil removal, If the result;' Justified such action, being left for tho Secre¬ tary. In one case fifteen lives were lost through the eontlnuanco in tlie performance of Ida. duties of an official against whom chnrges were pending of rcmlsBloiiB. General Pumont did not menu lo Imply, he said, that the present case involved such a question, but It might so devolope, ami there Is'no remedy lor such an emergency In I lie present state of tho law. A' ■4 A novel hydraulic pile driver lias recently been patent 'd by .Messrs. J. \V. Supienant and J. E. Ferguson, ot ABtorla, Oregon. Tt.e Invention consists of n bent pipe adapt¬ ed to 111 against Uic side of Che pile and In a longitudinal groove In Hie pile. The pipe Is held against the pile iititMu tbii groove, and Ib provided with moans "tot- ranting It after tlie pile lias Ihcii sunk. Means lire provid¬ ed for coupling a hose pipe with the pile pipe, ll water Is lorcetl through tlio pipe nnd ejeet- elfrom the lower cud of the saiiie, It washes away tho sunn under the pile and causes it tu deecend Into the ground. 'N C8B

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