Marine Record, January 31, 1884, page 2

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THE MARlff E RECORD. MARINE LAW. V. S. Circuit Court, District of Conn., Bow York, Luke Erlo and Western B. R. Co. against the stcumcr Peguaiis. Wallace, J. The proofe In tills case fully sustain the conclusions ol tho conr.t below na expressed in tho opinion of the Distrlot Judgo, except aa to hla Uncling that there wna no tnult or negligcnco on tho part ol thoae of the Pcgaa.iis In nut seeing the tug und barge until too lato tohvold a collision. The learned Dis¬ trlot Judge elates in his opinion that lie oiiji- not llnd why tho»twrr vertloal white lights on tho -llng-stiill' of the tug and barge w ere not visible to tho steamer although l hey were burning brightly. The'reason why the rod and grooit lights on the tug were not seen- la obviously, us ho tlnda, .because they were hidden by the barge from the time the tug swung under her starboard wheel for the Easily*r, thua bilnglngthe biirge be¬ tween her and the Pegueua. The two vertical Jlgfits were'sup'ended on the fliig-stnB ol tho tug, one about n foot above the other, mid the lower light whs twenty-one feet nbovo the water. It U possible that thoso lights may have been aomewhutobsuuied from the Pegiisus by the pilot house of. tho barge at times while the vessels were approaching each other, but In the constantly shifting portions of the vessels they could not have been hidden continually, and trrose in charge of the Pegasus do not rely upok any such theory, but insist that there were no lights on the tug, and none were to be Been when the vets'Is collided. These lights ought to have been seen dur¬ ing tbe time the Pegusua wna on her north¬ east cpurso, which cuvered three quarters of a mile, and In the absence of any fact to ex plain why they were not seen there can be no other rational conclusion except that It was owing to some relaxation of vigilance on the part of the Pegasus. Precisely where this negligence should be located la not Im¬ portant; it suffices that there was failure to see them whom they wero plainly visible to those in charge of the steamer If they had used duo diligence. Agreeing with the District Judge that the tug was In fault, and that the conduct of her captain was grossly negligont in keeping under his starboard wheel when the green light of the Pegasus had, been closed upon him for so long a distance, and In attempting to keep hU course when his signals had not benn answered, and when he had reason to know that the Pegasus was making for her usual landing, nevertheless the collision was attributable solely to the tug. As the Dis¬ trict Judge states In his opinion: "It is manifest that If tho Pegasus had seen or ought to have seen the lights ol the tug and barge her management was negligent, and she was in fault. In such a case the damages must,be appor¬ tioned between the oflendlng vessels. Even gross fault committed by one of two vessels approaching Ul,cn (»l1,'r ,101" opposite direc¬ tions does not excuse the other lrom ohsoiv lng every proper j>rcc"UIlo" t0 prevent a collision; and when If Mich precaution had been observed the collision would have beun avoided the lots should be divided. (The Marie Martin, 12 Wall 111.) A decree Is accordingly ordered dividing the Iocs, with a relereiice to a imislei to ascertain the amount. No costs are allowed to either party against the other in the court below, hut costs ol the appeal aie awarded to the llbelliint. I.IBKI. I'Oll HALVAOl . V. S. District Cutiit i>( Omjim, Dec. 18th Pucltli Const Sloaiushlp Company claimed salvage, w lilt 11 was leslsted. It appeals that on "wutnnhi i I, 1H8J, the steamship Que of the T.icltlc, then being of the value of, f 1150,000, while oil a voyage from Sin Fran Cisco to Portland with li cargo ol not loss vain-' than (i')(),C00 and 300 passengers, i giMinded annul uoon| in.a dense log, on Clatsop Spit, at the mouth of the Columbia lhur, and, on tho .following day, at or near tide, in the afternoon, was pulled oil by ateiitii(iigs under the diicctlon and manage¬ ment of the llbellai.ts, after throwing over¬ board about one-fourth lii.vnlueof her cargo, and allowed by the salvors to proceed on her voyage to Portland. Judge Deady rendered 11 decision in favor of the llbelhiuts of which the following Is syllabus: "A ship and cargo wore saved from a com¬ mon peril after a coneldorablo Jettison of tho latter and allowed by the salvors to pro¬ ceed to their destination, where tlie saved cargo weff delivered by the master or ngont to the consignees without contribution for salvage or jettison, but on the deposit by eaoh consignee of a sum of money equal to 20 por centum of the valuo of the cargo de¬ livered to him 'to cover general average' and tho exeeution of a bond'for the payment ol his proportion of the 'losses and expenses' consequent upon such perils; Held: (1) That the salvage service being for tho benefit of both ship ami cargo the expense thereof constituting!! general average; and (2) That in a eult against the ship and cargo for salvage the llbellanta might elect to treiit bucIi deposit so fur us a substitute for the cargo delivered,.find require tho agent of the vessel, under admiralty rule 88, to bring tho same Into court to answer the exigency of audi suit." General news. -- • Jules Verne has ordered the construction, by a firm at Nantez, of a large, strong ves¬ sel, In which ho Intends to cruise In the Antarctic Sen to collect materials for future romances. The Hennepin canal people have decided not to risk the defeat of both' bills for the construction of the Hennepin canal and the enlargement of tbe Illinois and Michigan at one time. They will bring forward the for¬ mer Aral. Of the thirty-three custom houses In the United States whpae receipts are less than the'cost of collecting, no less than thirteen are In New England. Thla makes up, in some degree, for the river and harbor bill waate of other sections. The harbor at Asplnwall li said to be so overcrowded that veaaela are forced to wait weeks for a chance to unload. Things are booming on the Isthmus however It may ultimately fare with the stockholders of the De Lessops canal company. An Australian company ships lour thou¬ sand carcasses of frozen mutton to London, England, every moilfn. This new enter¬ prise la hailed with enthusiasm by tire ship owners an sheep raisers of Australia, and especially by the poor of the manufacturing districts of England, Of the 243 winners of yacht races In En-g laud last season 202 were cutters, 32 yawls and 9 Schooners. The others were steamers and luggers. The highest winnings wese by the S:im.ccnn, $6,100. The yawl Neptune won (3,705. The largest yawl on the list of winners was 125 tons, upd tho smallest 8 tons." The bill fur the ship canal around Nlag ara provides for its uuihiruction in Niagara county, New York, to connect the naviga¬ ble waters of Lakes Erie aitd Ontario, nnd for beginning the surveys for tho work with¬ in six months alter tho passage' of tho act, the location .ol the canal to .be made by a board of live commissioners 'appointed by the President. There Is now In the registry office of the United Stales Circuit Court In New York awaiting claimant* upwaidsof $15,000, wages due-sailors who have died on shipboard or been lost at sea, which iiave been deposited in accordance with the United States stat¬ utes In the couit. These dead seamen hailed from all parts ol the world, anil (ho money In question can only be paid to their next of kin. Notwithstanding tho heavy looses In the Gloucester llaheiles last year—bevonteeu vest-els aggregating 1,110 tons—theio was a suln-t inllal Increase In tlio fishing tonnage During the \car forty-six new vessels weie built, aggiegaliug 8,035 tons, the lucicntc being larger than for any other year since 1875. The Nova Scotia llshlng ports show an unexampled Increase oT tonnage, having added fifty one vessels, aggregating 3,188 tons,(lining the year. A joint ici-olulion was Introduced In the House by Mr. Long, teudeilng tho thanks of Congress to the ollleers and men ol the steamer Dexter and flit) men who manned the'lifeboat at Gay Head for their brave con¬ duct In rescuing suivlvors at the wreck of tho steamer City of Columbus, and especially to Lieutenant Rhodes, who twice swam to the steamer, nnd" rescued two men clinging to the rigging. The resolution was passed. Tho Cape Breton Herald understands that "the promotors of the propeaed steamship. l|no botw^ebn Capo Breton and Boston are meeting with fair success, and thinks that the lino, If established and properly man¬ aged, oannot fall In making liamlsofno re¬ turns on the capital Invested. There la nat¬ urally a trado betwecu these places, and If there were proper facilities in quick ship¬ ments aiuLapeedy returna the trade would largely Increase." , Tho heavy reduction of wages In Scotch shipyards and the discharge of many work¬ men, like the largo number of ocean vessels offered for tale In Great Britain, show that the seat are overstocked with ships- The coro Is a parallel one with the prevailing de¬ pression In American railway-Stocks and the lack of .business In car and locomotive works In the United States/ The energy of British commercial activity ia expended on water, while horo Its strength is used upon land.— Leader, January 2J>th. Tower, formerly iuporvlslng Inspector of steam veasels, has filed charges with the Secretary of tho Treasury against General Dumont.Juspectoi general of eteam Vessels, of inalfeaaanco In office Inconnictlon with hla (Tower's) removal from olllce and the appointment ol Mr. Btarbuck In his place.. It w 1)1 be remembered that Tower was re¬ moved with considerable trouble alter a long and stubborn/resistance to the Secre¬ tary's demand lorLhJs resignation. Treasu¬ ry officials do not attach much importance to the charges. NAUTICAL LITERATEURS. Nkw York, January 28. MpK<alCorrapmdmu qflhi Martm Record. Ot late years a great reaction, has aot in, In favor.of the moral and physical Improve¬ ment of seamen,' both it the Untied States and the United Kingdom. , This kindly Interest In those who "go down to sea In algips" has been brought about, td a great extent, by the remarkable pen pictures of practical lite at sea written by tho now distinguished author und novel¬ ist, W. Chirk Russel, the J. Fennlmore Cooper ot modern times. It may be said uf Mr. Russell, that lie was one of those few men who went to bed at night unknown to the woild and aroBe the next morning famous, such was his remarkable and rapid stride fiom obscurity to fame. In him are blended tho qualities which are very seldom' met with nowadays, since Captain Murryatt, Mayne Re|d, Fennimoro Cooper and Rich¬ ard H. Dana threw ofl the mortal coll, viz., seamanship and authorship. Having served eight years in thc-Britlsh merchant aervice, both before and abaft the "mast, he knows whereol he speaks when he relates with mi¬ nute detail their sailors' sorrows und hard¬ ships. He Ib a true sailor at heart and fully sympathises with those with whom It was his lot to live in the forecastle and in tbe cabin On this account hla works have al¬ ready been rend and laughed and cried over by hundreds of thousands throughout the civilized world, just as Mrs. Il.an let Beeohcr Slowe's Immortal "'Uncle Toiii'b Cabin," was mudled In the days of yore by the filends of tho bondmen. It Is well for tbe white slaves of the sea that they, have such an advocate and champion us -Huesell has pioved lilnisclf to be by writing "My Watch Below," a book which has dune more to bring the sulk-rings ol mariners befui o lands¬ men than an) other wuik evu published, excepting one, which Is Known tu every schoolboy, viz.- "1'wo Yeais Beloie the Mast," h\ Ulchaid II. Dana, whom Mr. Lovell used to call Riclund HI. Although Mr. Russell Is only a compara¬ tively young mail, saj about Unity-three years ol ago, judging lioin Ids poitiait, which now lies bvloio me, lie lias already won a world-wide leputatlon as tho most scholarly and cxpei t writer on nuirlno topics Great Britain has ever produced. He lias compiled a very valuable volume, which Ib not genei ally known In fills country. Al¬ though It Is a woik of releroiao It has no supeilor. Tho litlo ol lids encyclopedia Is "Sea Phi uses," and Iti name fully Implies the nature of its contents of Instructive in. fm miitlon. The jirollllt products ol his 'Drain and pen bavo brought hlin /Tof only great honors, but also a large remuneration. Two of bis hlt'ost volumes have been Is¬ sued In newspapers before the publisheis got them. Tho llrst, "Round tho Galley Fire," appeared In the London Telegraph, but la now reproduced in Harpers' Franklin Square Library. The second la at present entertaining tho readers of Longman's (Lon¬ don) magazine, monthly, and the Sunday readers of the Now York Tribune. "Jack,'* Courtship" ia tho suggcstlvo tltleof this hla ■ latest lovo atory. "Auld Lang Syne"' does not Bound vory nautical*yet It Is one of tho ' best productions of Mr. Russell's gonlua. It l> noknowlodcd by all shipping men that "Round the Galley Fire," Is hla master work and that It will have n larger number of ad- tnirera among literary critics than any book of tho sou heretofore launched While we applaud tltls British seaman and navigator for hla Interesting and enlightening narra¬ tives In nautical literature, we must not tor- got lo say a word In praise uf one who la now dead but yet apenketh. Thla eminent American was Richard H. Dana, of Boston, tho author of "Two Years Before tho Must," a bonk of personal experience at 'sen In tho brig Pilgrim in a voyage from Maesachueetta round the "Horn" to California prior to the. daya of steam. This popular sketch of a sailor's life In the, forecastle of a Yankee square-rigger will lust as long as the wind blows. It will he read when lulling ships no longer exist nnd w hen steamers no longer carry yards. The author of thla work be¬ longed to u family ol literatcurs, hla lather being the author of the thrilling poem "Tho Buccaneers." Mrs. Mary J. B. Dana was the mother (authoress} of the "Young Sailor," a sea atory founded on fact, also the "Lands¬ man Turned Sailor;" -i yarn In short pieces. Richard H. Dana has had numerous Imita¬ tors, among whom are Frank Jordan, the author of "Two Yeara Abaft the Maal," a sketch of life on the quarter deck of a mer¬ chantman; "Four Years Before the Mnst," by W. H. Wllklua, and "Four Years Abnft the Mast," liy H. K. Giegoiy. '• I'wii Years Abaft the Mast" was issued in 1880, by Ad- mlral Brothera, Jacksonville, Fla., for 75 cents and $1 per copy, G. Fosjhb Howkll. EXPLOSIONS ON THE LAKES AND RIVERS. Special Correspondence Marine Record* Dbtkoit, January SB. Since the era ot steam on the Nprlhern lakes and rivers a casual glance at the reo- oi ds exhibit' tho fact that eighty-two explo¬ sions have occurred which reiulted In the los-t of 504 liven, not enumerating others' which resulted, fortunately, without losa of life. They are aa follows: 1830. Steamer Win. Peacock, near Buf-* falo, 15 lives lost; steamei Adelaide, on Lake Erie, 3 lives lost. 1835. Steamer Commodore Perry, (twice) Lake Erie, 6 lives lost. 1838. Steamer G/t-n. Vance, Detroit river, 0 lives lost, 1840. Steamer Erie, Detroit river, 6 lives. Propeller GnMah, Lake Huron, 18 1848. lives, 1849. 1850. Steamer Atg o, Detroit river,Olives Steamers America, Lake Eric, 10 lives; Troy, Luke. Erie, 20 Hves; Gon. Wayne Lake Erie, BO lives. _ 1851. Steamer Comet, Oswego, J Uvea. 1852. Steamer Forest City, Lake Erlo, 3 IIvcb. 1853. Propeller Independence, Sault Sto. Marie, 12 lives. 1851. Propeller Troy, Lake Michigan, 1 life. 1855. Piopeller Oiegon, Detroit river, 17 lives; propeller J. W.Hiooks, Lake Erle,3 lives; tug Seneca, Luke Michigan, 3 lives; piopelloi Pititry, Lake Kue, 8 lives. 1858. Steam Fen v No 2, liver St. Law¬ rence, .18 livts; tug Ei llpse, Chicago, 3 lives. 1857. Piopeller lnkeinian, Toronto, 3 lives; tug Stllluiau Witt, Kullalo, 0 lives, steamer Allow, Lake St. ( lair, 2 lives; tug N. P. Spnglie.Detiolt ilvei, 7 lives. ]858.V-Tjig IlercidcF, M. Lawrence river, 7 lives; steamer Canada, Lake Erie,3 lives; tug J. II. Bloore, Lake Ontario, 3 lives. 1850. Piopeller Ohio, Lake Eile, 2 lives; steamer Swift, St. Clali liver, 1 lilts, pio- pcllci Lady of tho Lake, Lake Kile, 3 lives. 1800, Piopeller Mohawk, bt. Cl(ili Flat8| 5 lives; piopeller Kenosha, Lake Michigan, 0 lives; tug j^B. Fish, at Deficit, 5 Uvea; piopeller Mt. Vernon, Lake Kile, 2 HveB. , 1801. Tug D.P. Rhoilcr, Maumeu river, 2 lives. 1802.' lug Zouave",Lake St.Clali, 4 lives; tug Union, Luke Michigan, 8 lives.' 18U3. btenllici CI) dr, irl. 1 mihihi ilur

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