Marine Record, October 18, 1883, page 2

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2,- THE .MARINE RECORD. MARINE LAW. KVKRY VKaflKI, A 1'AIIT OK THK TRIllllTOHY TO WHICH HUB IIKI.ONGB. - A tdcontly reported dccialon of tho Sn- prcmo Court nt (Viishlngton gives nil cxlon- tion to llio operation of the liiwa of n State over vcusclfl Owiied by hor eltlzt'iii', hut will¬ ing on the lilgli bpiip, whleli wll,l become In- torcstlnjt 'Qiid Important In mnny renpeotK. • Tho pnrtltJUltir ciwo nrose under the New York pilot lnws, which,118 our ?cwlcrn know, authorize n pilot to bonrd 1111 Incoming ves- sol nnd tender Ilia services; nnd to recover n certain oonipviimiilnil even thoii|{li his serv¬ ices nro declined, mid Mic vhlpmnslcr brings tho slilp in himself.' Sevcriil oilier States with ocenn hii'rbors hnvcsfmllnr liiwsr '1'he generiil understanding in tho. subordinate courts has been that laws ot this kind "have no vxtrn-tcrritorlal operation;" and that « "lliovcnn only badcrninl-obllgiiiory.within a certain limited iWi-tanee from shore, such as may be deemed within the jurUdlction of .Hie Stiito. There have been several discus, 'slobs ns to what tills distance ought to be, but no dcllnito rule .bus been established. Tho decision of the Supreme (Joint Is. that any dlscilsslun ns to limits of dlsiunco Is un¬ important j that a State law of this, kind travels *lth Hie vessel nnd' operates where- ever u pilot from tho Stnte meets her, even though it should lie—as In this Instance It was—fifty nilffis out at sea. A' vessel at sea is considered as a part of the territory to. whluh she belongs when at home. She car¬ ries with her the' rights and jurisdiction of her locality. On the Ulgli seas a New York pilot has the same right to demand employ. Suent from a New York vestel, and i lie same legal consequence* follow a refusal, as if pilot boat and vessel were within the har¬ bor. The jurlfcHction of H local sovereign over a vessel anil those belonging to her is, according to the law of nations, the same in the home port and upon the high sens. Un" dorourConstltulloiUhe like-jurisdiction of a State Is, Bimply subject to the cotumerolal laws of Congress and the laws declaring crimes upon the high schb. The. decision goes far to decide a recent controversy of much gftktonShtoreet to the general public than are pllotago questions; viz., tho right to recover damages where n pussenger on board a ship at sea, is hurt or killed by negligence or fault of the master or mariners. Until the legistures Interfered, tho courts used to hold that If a passenger. injured by negligence of the carrier's serv¬ ants died ot -Ills injuries, there was no re¬ dress to be had for his family; for the man's lawsuit, bo the courts considered, die" when the man did. This vievy was not sat Ip-fnelory to the trnvellng public, and In modern times Parliament passed n law— commonly called, from Its authorship, Lord Campbell's Act—saving alive an Injured person's right of action, notwithstanding lila death, for tho benefit of his wl,low,ohll- dren, etc. Many of our States have passed similar lnws. But it lias always been under- atond that any lights of tills description were . dependent on pome express statute, and tould not be cnrrled any further than the statute expressly authorized. For example: California Iibb one of tnese laws.. A Mr. and Mrs. Armstrong took |lussnge upon the steamer Kastport, owned m California, for San Krnnclaco. On the voynge the vessel struck n rock, and the crew nnd pnssengora took to tilt, boats. These wore bo carelessly mnnnged that the lady nns drowned. The husband then brought suit for damages, In the United Stnteu circuit court, but invoking the California law. Hut the judge said that that law could not operate oiuiil Cali¬ fornia; If it could then oilier States and countries could pass laws on the same sub¬ ject, likewise operating everywhere, nnd there wuuld booh be conflict nnd confusion- without remedy. The Idcn seems not to have occurred to him thnt tho law might be considered ns operating un board a Call- fonlu vessel, wherVno other law could haye the mine claim tu come,' iind thus all confu¬ sion might be avoided. Tills Idea did sug¬ gest Itself to tliu New York court o'f appeals, In a case decided tl| the same year (18711) with thu California case. Apparently the judges had not, in either decision, heard of the other o,nc. In thy New York ciibc a qtoatner sot sail from New York City .lor' Galveston, Texas, currying, contrary to law, a great quantity of petroleum. Whllu at sea a fire broke nut; It reached the petroleum which made such a conllagratjon tlmtono 'man on board, at least, was burned fn death. The court of appeals said/that lii& widow could recover diunagcB uflder tho Now York law tip. the sub|ect, for although, that law could not run Imp other Hinted, nnd would not luivo aided.her Bull if her liusbimd's death had occlirred In Texjifl, for instance, whore there was; or might be, a Inw on tho subject, yet It did not accompany a New York ship on her voyage.through public waters over which no municipal luws exist. Every ves- scI1b, while on the high sons, constructively a part of the territory of tho nntlon to wh'flh she belong*; and it* laws iiro 'operative on board of her. In the case of an American ship, whatever takes place on boar!] during the voyage Ib governed, If the subjeut U within the Unltod Slates niitiiorlty, by Fed- e'ral law; it ll Is within Sta|e authority, Iben by tho Jaw of thu State from which tl.o ves¬ sel halls. . • It Ib obvious that tho Supremo Court de¬ cision in tho pllotago ease sustains the New York and overthrows'the California view. It, in (jfl'oct/establishoB tho liability of ship¬ owners to pay damages for the death of« person caused pn the high sens by any act on neglect of the master or crow which would expose the owners to a lawsuit It the disaster hull occurred within the Statu to which the ship belonged, u point, aB Ib plain, ot great Importance. -----------------■ ■---------------— GKNKHAL NKYVS. Canadian lumbermen are asking for a bounty on manufactured lumber sent to the Uniied States. The largest pumps to bo driven by wind¬ mills ever made '.n tills countiy have just been shipped to Brazil by A. J. Corcoran, the manufacturer. — Mrs. Louis Green, *>f Tonawanda, whoso eyes were recently operated upon, removed the bandages on Monday morning and is able to go about and do her work. She has been totally blind for ten years or more. 'file steamer Coptic, which sidled from Sun FrBiiclsco for Hong Kong Thursday, carried away nearly 1,200 Chinamen. Of lids number 000 were provided with return certificates. Eleven trading schooners with armed men recently drove oil'the American guardshlp Leon at the Island ol TjulenlJ, ono of tho Aleutian groups, aud took possession. Tliero were somu Japanese among the Invaders. The Russian Government, has bought from the Swan Electric Light Company, for the price of (300,000 the exclusive right to use tho inventions of that company In Russia as well as the right to\ sell the lamps in that country. " A private dispatch received at Chicago announced that Peter Ostram, first officer of the achoonor L, \V. Perry, had died suddenly on board the vessel at Mil¬ waukee, and that the doctors pronounce It a case of Asiatic cholera, Mr. Ostram/was well known and has numerous friunds along tho lake. A letter, passed through the Richmond, Va., postofllco Wedno9dny with a two-cent Confederate stamp alllxed, and the postofllco officials did not delect the fraud. The Con¬ federate stamps were similar to the now two- cent letter stamp In color and design, nnd If many of them are In existence they may cause considerable annoyance. Patrick Fltzglbbons has exhibited n model of his patent steel boiler which ho claims Is greatly superior in strength and durability lo any boiler now In use. The one exhibited at the Chicago exposition took the first premium. The present model Is to bo sent to the president of the Erie railroad, who saw the model at Chicago and wished to in¬ spect It further. Mr. Kllzglbbons has been oll'ere'l a large buui for Ids patent-but Is 'not ready tosell. An' Important ruling of the Treasury De¬ partment Is that the tonnage of itorimheel steam' vessels, aB re-measured by tho Custom authorities, will not comprise any space that Is nor"enclosed. This will* reduce tho ton¬ nage and Inspection fees ol boat owners materially. By enclosed space Is meant that which Is surrounded on all sides by walls nnd ns all Our boats are open on the holler and cabin decks, the Customs tonnage will only really lie the space In the hull. , The Sultan ol Turkey Is defeated in n suit brought against thu Providence Tool Com¬ pany, designed to recover thn value of about 50,000 rllloB •nmmilnotnreu on the ordoi of the Turkish Governin.'iif, but never de¬ livered, on account ol some alleged failure Inpayment. Tlic case was nrgiie,u>beloro Judge Blatcliford, of the, United States Court, In .June last; Upon'an amplication for an Injunction to compel (ho company to fulfill Its contract, and to prohibit it from disposing of the rifles to imy one else, the in- Junction was denied and (he roBtranlng ordor wits vacated. A number of now tug boats Will be con¬ structed'during tho coming winter for wrfrk at.Chlengo next season. Tho Vessel Owners Towing Company at' present contemplate building throe new,tug bunts ol ihe simio size as tho lugs Taylor and Hood,.which were built throTyoafrngo^One of the boats .will boJurnlshed with (liu engine and boiler of tho tug Van Schalck, and tho other two will bo lltted' anew-throughout, it if in¬ tended to coimtruot a lighter-engine and boiler for the hull of the Van Schalck. It Is believed that by doing tills tho boat will bo in better condition limn ever beloro. At present silo la used altogether for harbor tow.lng, boing'too heavy for outside work. FLY1NU DIAMONDS. Captain Donohue, the cimttiina officer at Ogdensburg lias unearthed the iuimi exten¬ sive scheme l»r smuggling that bus ever been uroiujht lo thu not Ice of ihe Govern¬ ment authorities. The discovery was purely accidental, but the thorough manner In which lliu details of the enBO wore afterward ferreted out r'ellecW .great credit on the federal officers. On Wednesday afternoon, September 6th, J. H. Claverlng, u young farmer, living near Rensselaer'Valla, some eighteen miles from Ogdeusburg; Drought Into Captain Donoliue's office a small pack¬ age of' diamonds secured in a quill. Ho also broiighft.wltb lilm n pigeon filled with bird- Bhot. The.diamonds and the pigeon lie laid- upon (lie captain's desk, and he explained that lie had shot the bird thai morning. On examining hi* prize the young man lound attached to the led leg a small roll, securely tied with silk. Investigation showed this lo •be the large part »f a turkey's I'carl'ier filled wltli glittering stones. These, bo believed wore damonds, and, hastily putting up Ills plow and team, he hurried to town, told Ills story to the chief of police, and was directed to the customs officer. Alter fruitless eflorts'in other directions, Captain Donohue placed a waieh on all trains leaving lor Canada, and on the 23d instant his watchfulness was rewarded by the finding of a wicker basket containing four of tho homing pigeons. The basket whs addressed to B. K. Harmbn, Kempvllle, Canada, jiniJTiie charges upon it were pro- paled. Two detectives were dispatched on ihe train with instructions t«,(ollow up Har¬ mon, learn thu nature of hia business, anil secure evidence against him, but tho smug¬ glers had become alarmed and tied. A vigilant search by trained woodmen wasjiext ordered. William Cowan, by tho merest accldonf.as lie admits, came upon the hiding nlaco for which he had been search¬ ing, lie had paddled down the Oswcgatchie river in a boat, and about the middle of De Kalb county struck a marshy ditch that led towartl Boayer creek. Poling his way through the tangleil weeds and grasses, and wading part of the distance, his patience was reward¬ ed by (ho rustle of wings and a soft cooing. Parting tho reeds lie saw within u number of pigeons. He felt his task to bo practically accomplished, nnd wading to firmer ground, booh came upon three dove cotes securely fastened 111 the branches of as mnny dend trees. A rude log cabin In the Center of the clearing was Hie only sign of human habitation! Thorough Investigation 6f the premises convinced Cowan that tho smug¬ glers lintl taken alarm from the lailure ol tlio captured pigeons tu leturn. Returning to Ogdeusburg, Cowan laid the result of his ■Work before Captain Donohue, and that olllclnl determined lo lay the matter before tile Secretary ol' tho Treasury nt Washing¬ ton, aud a statement embodying the tacts as herein given was prepared for transmission to Sccietary Eolger. It Is believed that ttid frauds 1uive been carried on for the past two years, as the pigeons, In uider to be thor¬ oughly trained to return home, must be raised on Ihe premises. The scheme ns un¬ derstood, wns lo dispatch about once every week or tun days n covey of twelve or fifteen pigeons londeiKvlth diamonds. The precious stones ucro accurately describud and a ruc- ord of their shipment nnd reception care¬ fully kept. It Is estimated that the total amount smuggled Is between (700.000 and $800,000, and the loss to the Government at ton-per cunt, of tills amount—the present duty on diamonds,—Port Huron 7'liiuu. MAKINK NATALITIES. ' Sojuany singular disasters brlall sailors thai shipwreck anil sutVurlngat sea must hear a peculiarly terrible character In order to become memorable. It Is lor iIiIh reason, purhaps, that the list of notable shipwrecks is exceedingly short. Mmlnc, tnlalllles aie so frequent that n brief annual enumeration of tbom nlono would All out mnny pngoo,. and theroforo for'the losa of n vessel to pasa Into history, the- dlssBtor requires ac-, coinpnnlmenlflqulto outside tho usuol niol- nnoholy features. The present ago Iibb enor¬ mously Increased'tho number of snips which luivo beon wrockouVniid of crown which liiive luiiiontably parUhed; yet, desplto the hundred" ot vessels gono to tholr account since the dat'o of the destruction of the Prln-- c'obb Alico on the Thames, It it difficult to recall n single shipwreck which has taken place between that porlod nnd tho present time, tile-story of which bids fair to Biirvivn tho present grawiUlon. The MciIiibb, ihe Amazon, the.Kent, tho Birkenhead—those and some others are. well romombcrcil niuiies; 'every murine cplleollon Includes them, and (heir story bns been told ovei nnd over again. Tho reason is plnlironough; Bitch heroism as tho Bfikenliead Illustrates, i such sitfluriftg as we find In the Medusa and tho Kent, will always successfully appeal to the heart; and thu fascination, oppressive n» It often grow, uupcronnlnl. Brtt why arc other Bliipwrccka passed over? Why should not the dreadful narrative describing the Clmbrln have as fixed n'place in history as that of thu foundering of the Royal George? Why should not tlie-wreck of the Navarro prove ns memorable as flint of tho Dodding- tdn Enst Indinmnn ? Be tho renson whntll niuv, thore can bono question thlit.our fbre» fathers usutl to bB wrecked In Buoh n pic¬ turesque and original way tliat many of their marine dlsaslers. might bnve^bcon the Invention of n bruin" like Edgar Pop's. We have grown more prosaic, and on the whole moro •drcnoful. In earlier limes, If n ship capsized, tiie survivors would climb upon her bilge and Ibeie live for days upon the weeds and barnacles adhering, to her.-- In this ago a vofsol goes down In a few mo¬ ments, and most often the greater portion of ■her people sink with. her. Formerly ocean Incident was of a most romantic 'character Lonely islands abounded, also coral lands beautiful with fruliB and flowers nnd greon with Bavnnnahs, where lovely female sav¬ ages sported In the silver water. Then there wore terrible experiences along with n. great deal of gold-dust to be picked up or. the African shores; tliero were likewise many surprising monsters lobe encountered in the deep, so that peril in the dayB gone by,was decidedly poetical." Now wo arc re¬ duced to the coarse aud dull prose of collis¬ ion, overloading nnd bail stowage. The. dusky, tropical' Holies linvc dived out of sight In their shining seas; the lonely islands ' have governots, prisons, and-hotels; there nre no inure undiscovered countries loft; and when ilisnsier overtakes the seaman the circumstance' usually proves to bo one of pnre hard snfluriiip;, iinsanetlfled by any ray of that golden light of romance Whose radi¬ ance gilds so many of the earlier stories. Perlians tills Is one reason most of the dread¬ ful shipwrecks which have occurred of late years have dropped so speedily out of the public memory.— London J'elegrapH. STATISTICS OP EXPORTS." Tho Bureauot Statistics at Wnshlngton, D, C, bas fssiled an advance statement of tho exports of domestic provisions, tallow, and dairy products during the' month of ■August, as reported by the various customs districts In the United States. The returns made to Collector HnrtsufT show that the ' exports In tills distilct greatly exceed those pf the Deirolt-tHmrlct. We append tho Bts-' tlstloB of the Huron and Detroit districts: Huron Dial. Detroit Dill. Fresh beof...........................t 61,0116 ........ Baltgil suit picklisl Inief ..... lO.B'JS Hoc-on .............502,412 ........ Hmiu...................... oB.OSJ L«rd ....................203,08.1 Salted or curod uiirk .......... 66,820 , Tallow................. 21,fflM Butter ,. .. ............,. .. M,8Jtl CIiocki. ................. 88,975 The total value of exports from tlio Hu¬ ron district for August wns $1,140,252, an Increase of $002,401 over the samu month of 1882; while the value of exports reported in the Detroit district for August wns only $2,001, a decreaso of $800 from the same month of the previous year. The total value of exports reported In the Huron district for August for Ihe eight months ended August 'M wns $4,300,222, nn Increase of $2,280,100'over the same period In 1882; while the value of tlio exports re¬ ported In the Detroit district" for ihe eight months ended August 31 was $70,133, an In¬ crease over the same period of 1881 ol $39,- 882. Excess of the' Hnrou district ovor the Detroit district for the eight months ended August 31, $4,310,7811. Tlio Huron district exports nre exceeded only hj tlie districts of New York, Boston and Philadelphia.— I'orl //ui-wii Timca. THE MKCIIANISM OF MAN. Man l» nothing more than u tine piece ot mechanism nnd ns such lie must expect to get out of ordor occasionally. Especially Is tl.l's thoenso In the springtime, when like tlio clogged works ot a watch, he should 'un¬ dergo u thorough Internal cleaning. Tho' sluillo is a good one, Ihe only illll'erence be¬ ing that man eiui Ihi renewed at a much ' lowur figure limn a wnlch—thai Is If he uses Swayne's pills, for ►prlng idlmi'iila they are Infallible, oven.....dug Indigestion, languor, liver'and kidpuy complaint, and other kindred dlsean^ In n short lime. 11,70S 162 1,060 Renew yotu' su iibacripilon.

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