THE MARINE RECORD. MARINE LAW. ACTIONS FOR COI.I.IUlflN—KIHE CANAt. IIKO- UI.A'l IONB. District Court S. D. Ne\o York Jnny. 4,1884 Brown, 'J. The abovo libels were filed to recover damages for Injuries through 11 ool- llelon on the Erie cnmil,. nenr Buffalo, en at ofBluck Rock, nt nboin noon of October 1, 1880, between the cnnnl bouts Q. 0. Sutton , nnd'tho Charley A. Reed, by which both were damaged. The D. C, Sutton had n full cargo, was towed by horse, nnd wits, going westward) and, nccordlng to custom, near the tow-pnth which wne there oil the south side of the cnnnl. The Charley Artftee'd u-nn coming eastward, loaded, and toned by hprse, and was about in the middle of the canal, which was there 85 feet wide. The steam canal bout City of 'J roy was tit the siiriie time Eastern ol the IChnrlcy A. Reed, and overtaking hei fiom the westwmd, pro- ' ceoded to pass her by, going between hei and the heel path side of the canal. In doing so, as it>l» alleged by the libelants, she rendered the Charley A. Rend unmanage¬ able, and threw her bows across the canal, so that the liitterinn into the Sutton, the bind'of the stnrboiiid bow of each canal both striking the other and Inflicting some dam¬ age on each. The owner of the Sutton libeled both of the other vessels, alleging that boat were In fault; and the owner oi the Charley A. Reed has libeled the City of Troy, as the one solely hi fault. It is evident that the collision arose through tlio steamer's undeitaking to puss the Heed when the Reed and Sutton were ap¬ proaching each other ft 0111 opposite direc¬ tions. Whether tbeCity ofTioy wits justilled leet apart. Rut when the buwsof the City ol Troy began to hip tlio stern of tlio Reed, as all the other witnesses testify, the loams ol the Reed anil the Sutton had pnsecd each other, and the two boats were not more fhan from 100 to 200 feet apart. The captain of tlio City of Troy testifies that ho slowed down while putting the heed, the object of which was to loisen the effect nt tlio swell and the suction upon the Reed. When the Reed and the Sutton weio about 200 leet apart the Suttdn's team was stopped; the Reed's team was stopped when the Cliy or Troy hud lapped the etei n of the Reed, The stopping of the team", how over, ellectcd the progress of I lie canal bouts only mciisuiably. The Sutpin nt the time of (he 'collision vuio nearly stopped by laud, as there was a con¬ siderable current In the canal against her; while the prngiess of the Reed, with the sumo cm rent In her favor, could not have been ii'iich (.becked dining thp short time that elapsed between her team's stoppiilg mtul the collision, - As the uiiiinl boat was going only some two and one-half miles an hem', it was very plain that sho could not possibly have passed" the Reed beforo the Sutton was reached, even If at tlio time when her signals were given the distance between the Reed and Sutton was 600 feet, and the distance between tlio City of Troy and tlio Sutton 750 feet. The boats were all about 100 feet long, and at those rates of speed, teapectlvely, the City of Troy would gain but two lengths while the Reed was going tin ee. Even if the former had not slowed down (virile1 passing, she had three nnd one-half lengths to gain from the liniH when the signals weie given before she in this must depend partly upon the reguln-1 wou,u" llave cleatcd the Reed, and the latter tions and partly upon the distance the canal boats w ere iipnit when site undet took to puss. The evidence showsuleaily tliatastcitmer in passing a canal boat icndets the lnttet for the time unmanageable by tier tiller; the swell Irom the bows of the steamer first throwing the stem of the jiiiinl boat away lion) the steamer, and afterwards, ns the steinnei nppioaclics the bows of the canal boat, having the same ellect 011 her bows, while at the same time the strong suction lroii, the propcllet .of the steamer, ns It ap¬ proaches and passes the stern of the canal boat, draws the stein powetfully towards the steamer. The latter crt-operatlng with the repelling eltect of the swell on the bows ol the cannl boat, is frequently sufficient to send the the latter upon the opposite bank of canal, front which the steamer ofteu assists by a line In lurking her olf. These ordinary eflects Of a steamer's passing a canal boat in the canal were vvoll known to all the parties to this controversy. It Is clearly dangeious, therefore, for a steamer to attempt to pas* a canal boat when there Is any other craft In the canal, which may bo met, not merely beforo the steamer herself has passed, but before the canal boat would have time to recover her proper position In the canal. Re¬ gulation No. 40 of the canal board1 (Manual of Canal Laws-, 310) requires thatahoise boat, when npproached .within 50 feet by another hoise bout overtaking it, nnd pro¬ ceeding.in the same direction, shall turn, from the tow-path, And give the rear boat every, practical facility for pusslug, nnd stop whenever necessary, until the rear boat shall have passed. The same tegulatlon requires a horse boat, when approached within 20 feot by u stenin boat moving lit the sainr direction, "to turn towards the tow-path, and cause their hoi so to ceiuc towing until the steamer has passed live feet abend" of it. According to the steamer's witnesses she was going nltptit two and ono-1 nlf miles an hour, while the canal boats were going from 0110 and one-half to two miles. They testify that when about a length and a half astern of the Reed, two steam whistles were given as a, signal to the Reed that the steamer would pass. These were not heard on the Reed, and the lalter's witncireg testify that when ■be was about 11 length olf titer-shouted to the City of Troy not to attempt to pass until they had got by the Sutton. These shouts were also utlheard. Tl'e steamer proceeded to pass along the bertnc bank, there being sufficient room for her to do so without any chnngo In the Reed's position. The City of Troy's witnesses say that when her signals were given the houses of the two teams wore 200 leot apart, wlilon wo if Id make the Sutton and the Reed at the time from COO to 600 would still have to lecovcr her proper place In the canal in ordet to avoid running into the Sutton, And as the Sutton, moreover, was approaching the Reed at about the same rate, it Is clear that at the time the City of Tioy's whistles were given the Reed atld the button were not far enough upnrt to enable the City of Troy to pass tile Reod-bcfore the Pulton would I'oitie abreast, unleeiTBhc was grlug nta more uipld rate limn her witnesses admit; and if she was, theie was the greater danger through the grentet disturbing effect upon the Reed while passing. Oh the evidence, therefore, 1 cannot entertain any doubt that the attempt to puss the Reed, with Its know 11 hazards, was rash and fool¬ hardy, and that the City ot Troy must bo held liable on the general ground of want of due care and regard fot the safety ol the Other boats In the canal. Regulation No. 50, although not-in terms Including this case, does, 1 think, by analogy, condemn, If It does not prohibit, a steamer's even undertaking to pass another boat when a third would come nbienst of them before they hud sufficiently cleared. That regula¬ tion provides that, where two boats "com¬ ing In opposite direction,!, shall approach eacli other In the vicinity of u raft, so that if both should continue ihey would meet by the side of such ntlt, the boat going In the same direction n^the raft shall stop until the other boat shall have passed tlio raft." The evident purpose is to prevent passing three Itbreast, with all the dangers Incident to that situation. The Reed In tills ense was In a situation analogous to lite raft referred to in litis regulation. The steamer was going in the same direction, and by this regulation would bo required to wait until the Sutton should luivo passed the Reed. There was nothing In this case to prevent the City of Troy from wafting until tlio Sutton and Reed had passed eupli other, which they would have done in less than two mlnuiee after the Glty of Troy hud reached the stern of the Reed. There Is no obligation lit the regulations, and none which reason can suggest, that the button should have stopped rather than the City of Troy which could easily control her own motions; but mani¬ festly the oontrury. When the City of Troy was seen about to pass the Reed, the Sutton did stop and hugged the fow-parh bank,and no fault Is attributablo to her With regard to ihe Charley A Reed, I am obliged to find n violation of regulation 40 on her pint, In not stopping whon the steam¬ boat approached within 20 feet. Her helms¬ man first testllled that his team did not stop until the City ot Troy "was right broad-sldo of us." He afterwards said that wlie.11 lie such cases that tlio boat ahead shall cenao towing when lite steamer has npprnaohod "within 20 feet." Considering the precau¬ tions necessary for the safety of the bontt. there was no reason why the Reed, oven Independent; of this regulation, should not havo stopped as soon as the Sutton's team' wits slopped. No regulation lcquliod tlio Sutlon'to stop; her captain noted as a prudopt person should act In view of probable1 dan¬ ger.. The1 Roed not only did riot act with this care nnd prudence, though tlio danger was sooner visible ro her, butsho .neglected tire express teqiilrementof the regulation as wtdl. It Is Impossible to say that If she hud slowed sooner this could lmvo had no effect In avoiding the collision. The blow was it comparatively light one; she had a line thrown but. to the City of Troy at the time for the purpose of keeping .her ofT, and timely slowing by the Reed, as the tegula¬ tlon required, might possibly have been sufficient to avoid the collision altogether. The Rood must, therefore, bi» helJ liable for contributory negligence In this respect. The Pennsylvania, 10 Wall, 125. It results fiom this that the owner of the Sutton Is entitled to a decree against both the Rood and the City of Troy, nnd that the owner of the Charley A. Reed is entitled to a decree against the City of Troy for hnlf his damages, with co«ts to the libelant in each case. Dominion Government to push forward tlio negotiations opened some tlmo-slnoo with a view to securing 11 commercial treaty ro- contly made betwoon Spain nnd the United States. , ' 1 A sub-cofnmltto of tho committee on Com. merco, of Which Congressman Davis Is a member, gave a hearing to a dolegatlon of gallon, presented by Congressman Fornn, on the sailors bill providing for Increase of orewsofrfblo'bodled sonmon.nnd to prohibit overloading of vqssels. Mr. Powers, of the Chjcago Sailors Union, presentod the • views ot the saljors. No action as, yet, lias boen taken upon thoblll. Congressmen Davis reported, from the Committee of Commerce, a bill providing that aliens be required to complete their citizenship by naturalization before llcunso be granted then) to act as matters, engineers, or pilots upon American vessels. Under ex¬ isting laws aliens six months In the country can declare their Intention to become citizens and be licensed. In many oases they do not complete their citizenship. This bill Is to so amend the law that no license be grained until after four years from declaration'to be¬ come cltl/ons except upon showing full naturalization papers. GENERAL NEWS. V Commission Fink has announced^another reduction In -east bound Ireiglit rates. Prominent parties of Manitoba have of¬ fered to ship any quantity of wheat to Windsor, for ninety cents per bushel. Tho extensive sawmills ai-Montmotence, Out., have shut down lot the season. A large number of men are out of employ¬ ment. ' The House Committee on PatentB decided unanimously foreport ndversely Representa¬ tive Anderson's bill to limit the lifetime patent to five jcars. . The llr»t of tho three ships to go to the re¬ lief ol the Greely party In the Arctic Ice will sail Apiil 25th. Interest in the expedition I9 becoming very lively. The Bucket idge levee ill Louisiana, thlriy- threo mlivs below Vlcksl ttrg, broke and there Is no chance to close the gap. It will overflow much of the best lands of Tensas parish. Mrs. DeLong, has written a letter to the House Committee on Naval Affairs inquir¬ ing when the Congressional investigation of the Jeunette oxpedition will be begun. She states that she wants to defend the memory other late husband. It 1b estimated that about 5,000,000 feet of cottohwood, sycamore, bass wood and elm have been cut this winter In Essex comity, along the shore of Lake St. Clair, for ninir- ufacture Into hoops and heading. It will ail be rafted next summer and flouted down tlio river to Detroit and Trenton mills. The certificates of Incorporation ol the Rapid Steamship-Company w as tiled to-day In court. The company Is orgunlzed with a capital of $250,000. Among the Incorporators 1b John Roach. Tho object is to manufacture steamships with nuxillaty scrOw propelling power, calculated greatly to Increase speed. The petition of 110 officers Of stcnWvessels of tho Mississippi and Ohio rlverst praying for tho passage of tho bill providing for the purchase of "Snug Hutbors" for dlsnbled and soninqn of the American domestic mer¬ chant marine, was Introduced In tho House by Mr.-Thomas, of Illinois, and referred to the Committee on Commerce. At tho meeting ol tho Erie Boatmen's Association tn Now York Monday, by-laws were adopted which provide that no stock¬ holder shall carry grain for outside agents oxcopt when the company's agents In Rochester, Buffalo, and other cities are un¬ able to provide him with a cargo, A board ol dlreoton, consisting of three boat builders and six boatmen, was elected. Senator Hawley of Connecticut lias Intro¬ duced a bill offering a reward of |25,000 lor rescuing or ascertaining tho fnto of tho Greely Arutlo expedition. Tills is Intended, douhtloss, not only lo stimulate tho zeal of the members of the exploring expedition which Is about to be sent out, but also to give them some extra composition for duties and first slowed up, the City of Troy had lapped labors which bid lair to be arduous. about 10 feet. The regulation Is explicit in The Canadian ship owners are urging the | DETROIT AND ST. CLAIR STRAITS. xptggtl Corrujmdence Marine Record Drrrnoijj March 25, Tho Detroit and St, Clair rivers or straits aro two of the grandest on tho North Amer. lean continent, The Detroit river contains seventeen Islands tho names of which are ns follows: Celeron,Clay, Hickory,Sugar,Bols Blanc, Elbe, Fox, JRock, Stony. Grosse, Turkey, Fighting, Mammy Judy, Grassy, Mud, Belle .and Peche. The two latter are situated a few miles above the city of ])e- ' trolt and near the entranco to Luke SL Clair. Isle la Peche, as It w;is first known, was the home of the celebrated Indian Chief* Pontine. The other Islands are located nt the lower extremity of the river, the Inrgcsf of which is Grosse. This Island is nine miles long, two in breadth, and contains 6,000 notes. It Ili'B nt the month of the Tlver and was first visited by Father Marquette 111 1670, then en route witli the burque Giiflon lo Green Bay. He planted thereon orchniils of pear and apple seeds brought out from Franco.' In 1721 De Chnrlevolx sailed through the lnkes and rivers tOigather 11111- torhil for tho history of New France, as It was then designated. When he reached the Detroit river, his enthusiasm knew no bounds at the slghj^rf-4he lovely group ol Islands. "TJtey seemed placed on purpose ' for the pleasure of the prospect." "There are meadows, fields, lofty forests and rlveis, all so happily blended as to equal the most romantio wishes." In 1770 William 'Macomb bought of the Indians the InrgeBt of the group of Islands, then known as La Grosse Isle. It has since been variously Inhabited until now It con¬ tains numerous costly private residonci s, church and farms, and until recently an ele¬ gant hotel, which, a few years since, was bunted down. Fruit of nearly nil kinds , abound, including vineyards. In 177S the brig Gen. Gage arrived here fiom Fort Erie . nnd took anchorage for Several days, up to which period no merchant vessel had visited this river, and but few had ever penetrated it. In 1817 President James Monroe passed through here on a suil vessel front Btillalo, bound for Detroit, nnd was the first prcsM dont to visit Detroit during his official term. During the week ending July 24, 1817, the arrivals at Detroit wore ten schooners and one sloop. The clearances, six schooners and one sloop: The schooner Gen. Jack¬ son, Captain Blake; Black Snako, 21 tons, Captain D. Wllkeson; Pilot 27 tons, Cap¬ tain H. Rumage; Franklin, 73 tons, Captain J. F. Wight; Erie, 77 tons, Captain R. Gll- lett; Gen'. Wayne, 85 tons, Captain J. Rough I Ranger, 16 tons, Captain R. A. Nnper; Michigan! 132 tons, Captain Walter Norton, pand the Salem Packet, 28 tons, Captain Sam Ward, which either arrived or departed. August 27,1818, tlio steamer Walk-ln-the- Wator, Captain Job Fish, arrived from Buf¬ falo, tho first of that cluss of craft, with tvventy-nlno jiassottgers. She, also artlvcd September 7th, same year, with tho Earl ot Selkirk and suit on board, on route to the Northwest, and thirty-one passcngors. Tho Split Log was the United States cutter then in set vice. Mr. Woodbtldgo was tho eollec-