The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-13
LEGAL INTELLIGENCE.
sn,.rtan. Decisions In ADMIRAL and Equity.
United States Circuit Court
Before Chief Justice Mellon

Before Chief Justice Mellon
ZEE BAY STATE COLLISION CASE.
SEPT. IL Golds~ith, Wei and others u.s. Ssnooos pay
49, rpeol admirably This case should nave oeen
~ much earlier Gay r tSs resosotiSs
Sslt that il involved principles OF considerable
sssal Tportsnss' ono samt so thst
Ibl more doubt and on the argument rs
- tAs side which the nesIs Of the case lay and
Nv do after 8 thorough examination. The difficult
e my mind hbored under during the argument not
- b determining the force and effect to be given to theD
~ have rarely met with . Of this class where the
lAkEiAl facts upon which it must ultimately turn were
hos contradictory 1t agreed, it respects the wea-
nsr. that the fog dense vessel could not nave
n seen further than from one TO two hur drsa tns'
NY helpless in the waters OF the s2nnd some Tour or
nys miles from Connection shore on Watoh hi Light;
e uix teen or seventeen miles the hour when the col
MID. occurred and that the place where it happened
= y.ther the wateIs which happened
to and With the city Of New York and other ports
...s the coal trade with the State Of Pennsyvania
~ whole trade through the Sound OF no uncomfortable
agnituae and importance These facts indsputabe
NV agree that it is not for the court lay down
NV fixed and infexibe rule In respect to the rats Of
ssa Of steam vessels navigating these waters. That
ust depend rcumstAnces they appear and
yeesned for its confederation in each particular case
Asse may warrant rate deemed prudent navigation At
o. time that might be wholly jus tfabe at another
Bat think msy that. In cae ctrcumstanced Is
Shs present is fog denss that the most vglsnt and
g distance of than 80 so yards navigating AT
- time IN waters frequented by sailing vessels, engsg
a in the OF he country, In the preseat Ia
ssnos rate OF l6 IT miles hour rs altogether In.
adnissible prudent reasonably safe navigation.
- pilot saysit would take four OF i've minutes TO stop
n it would require proporonaiiy less period Of
snc This. in addition to the better opportunity for
vessel to make the proper man@uvres to avoid the
ssksion affords strong ground for mpresang upon those
vgtiDg these vessels the necessity Of sacksning their
npssd IN thick weather. and in track where other water
Nnft usually to be found passenger board the
NY State, who Witnessed the collision, seems 10 have
I'm struck with the improperly Of her rate Of speed
n time and asked why they fast in fog
that they had TO do IN order 70 keep their
So in going place place. and we learn from
- pilot others of the officers that they
Aks any difference in the rate Of speed in consequence
Il fog that they go slow when making land light
h passages TO sound the eadas IL the only
ppessutons they bound to observe In the Davgs
1bu in regard TO the safety Of their vessel.
MIN only repeat the made in the OF the New
Ibrssy, which taken from the Of the Rose
o Eghsh Admiralty; @ That it may be matter Of
evsnienes that vessels should proceed with great
rspdty but the law win not justify them proceeding
with such rapidly II the property and lives OF other par
am satisfied therefore that this vessel grossly In
uh from the rate of speed her, under the crcum
stances at the time the collision occurred The next
snsstiop is whether not the Schooner was also in
hnh This depends upon another-namsly, whether she
snattsd any precautionary measures which she was
hound to observe under the crcumstances-such as
Sewing horn or beating empty casks; by which means
noee might be given TO vessels approaching of her posi-
fcr The proofs she's that cutlery was made BY the
master and hands .mmsdatey on hearing the padding
81 the steampoa and before she through the
log is limited occas ms when there is suflcien. wind
toe them TO make heads in the OF dead calm,
~ ccaution would be unnecessary as danger Of
sslision could cccur This is doubtless true in respect
- sailing vessels but the for the omission would
nat apply upon waters navcated By stea N vessels. but
n respect 10 in the instance OF
g the size of the Bay Stlts-l not satisfied that
0is precautionary step could be Of any avail as the
Aoise OF the machinery and motion of the bost in
fAe would prevent the sound reaching them. /
think this is the iar inference from the proofs in the
ease and records with experience and observation.
The witnesses the part of the Bay agree that the
nose Of the motion OF the boat the water could be heard
Ut much greater distance than their fog bell and
some Of them consider the bell these occssons
lBss for this snd Of them sta,ea expressly
that he did not Iecollecs ever hearing horn steam
Boat lille she under way but had after she stepped
. horn, Il Ia said by Of the Witnesses cannot be
AeaJd mile saod half At artest, and If 30,
tairly could not be beard anything Like thai oisaucs If
81 ALL on beard steamboat in motion. The Ba5 state
was moving at rate, we have said, OF tn
mile in four minutes and quite well satisfied that
under these circumstances, If horn could have hem
hea1d ct all Il could not. IN time ery reasonable
eonclusior, to have materially influenced the result
The point was preised in the case Of ths Europa
The Charles Bartlett should have blown fog horn TuIg
er bell 81 short intervals ard that she was ther in
ku for this neglect but the omission disressFdsd
by Or. Darlington and The Tfiniy sasters, and sppa
rsptIy 50 far as We san saru from tie report of thu cane
the ground mat these precautions would have been
useless from the noise Of the Europa while unae-
& Egg. I * Eq. 557, Barton Ia must. therefore,
the Of the Court below and arec decree
In favor Of lie belnts and that the be referred TO
She clerk to take proof Of their damages and loas by
zaedee Ring and others u.s. Hugh Mar,rsu This
iii is filed BY the late Naval ocsr and Surveyor Of
moneys received by the defendant Cector under the
tariff OF 1876, which claimed penalties, and
Officer and Surveyor under the acs OF 17e9 Tde eighth
section of the OF 1915 provides that the appalled,
value of the goods entered shall exceed the invoice value
Tan per more them addition TO the duties
posed by law there shall be levied and solec duty
q twenty cent ad yaoTem On such value
The defendant has collected $3.50 900 under this
section, naoety of which is Ia his hands Toe ninety
rst section Of the act o. 1909 provides that an dnss
penalties forfetures recovered by virtue of this
act &c, shall be divided ia equal proportions between
the Collector Naval ofcer and Surveyor and the
tsrs question the case Is whehr or not addition
al duty of twenty per cent imposed under this
ton Is 70 be regarded IS penalty" inflicted
the importers and dstrbutable under the aforesaid
act The question referred to the late Attorney
General Mr Gittenden) by the then Secretary OF the
Treasury (Mr. Corsin) who after careful and eabor
upon The subject arrived at the conclusion that
Sheee additional duties TO be regarded in tie nature
and the Secretary Of the Tfsasury directed the distribution
accordingly. The moneys had boon retained by the de-
ssndant with the consent Of the Secretary pending the
decision Of the question, and in his hands at the
time the order given for distribution; but before
the d,tTioution actually made, and while the fund
tnus Ienared in his hand, the present Secretary mr.
suthrie diielns option from his predecessor, on
the 9Th March last eouhternanded the order for dltT
button, and subsequently directed that the moneys
should be paid into the treasury. The object of the
pretent proceedings before il TO obtain INJUNCTION
spjoiniug the defendant against paying over the fund
until the rights Of parties claiming aha be
judicialy settled not called upon, therefore to
sxprees defnive opinion upon the main question in
voyed, bat simply 10 determine whether or not cuff
sient grounds have been shown TO justify the bringing
Of the fund into curt ard detention Of il to abide
che fus hearing and dispoon OF the case. As already
stated, the main question turns upon a construction
~ tie eighth section Of the act of 1916 which enacts
toat Il the appraised value Of the goods entered
shall exceed by ten per cent more the invoice
value then, in addition TO the duties imposed By
law on the same there shall BE levied, collected, |
and paid, duty Of twenty per cent ad vslorem or i
such appraised value The FIRST revenue act In Ubich
this provision is found the Of 1870 sec IL II pro
vded that II the value at which the goods should be
praised shall exceed by twenty per cent the invoice
price, then, In addition the ten OF twenty per cent
the may BE- there shall be adiad fifty Der cent on
the apr aised value which aggregate amount III u
Mes such goods, and merchanotss shall be |
estimated" The fourteenth section provided shst one
moiety Of the duty accrung the addt ional fifty Der
cent should be distributed TO the Collector Naval Office.
and Surveyor under the act of 1909 The act Of 1929
fsecs ~, 2o) contained similar provisions, and sub
snhtaly the same in the act of 1923 o. The prn