New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-12

ssrt OF osfe diligence or skill on me part of II o.s In
'taree q TIE sss.e 1t is the GUY Of the MASTER b.
&c bat fufcirDcy OF saitsoe dunIage il prO3sry
place. 10 The bottom and sides OF the vesse upon
egsH which biz cargo is 10 rrs He must see t1s
Dis cargo Ia 10 al respects prop ry o~edso stove
thst ore part Ot il will do injury TO another, aud %
slowed, fOe and eft and In ner sides, in respect q
weight and buk, az 70 leave hsr in free sad cay
clifton for esih1g and to slOw free run OF viter
| 10 TIRE hold 10 the p1nps. lie must see mat bis
patches se properly eau ked aud scored durlbg tue
voyage; sId. in Sd IT he IL bourd IN a things to use
every pOee ole AID precsuiOn TO preVedt eny
carnage loss 10 the cargo; and for the want OF ang
such care and precsuiion. il damage o,cur The ship
liable.
1t is the business Of the Warden TO examine the
bstcbes ard toe esgo from tpe TO time, ca 1t Is bs
Ig dscbs ged AID ascertain the erfeat and caRss Of
any damsge to the cargo, and to ucofd bis exsmins
iiors ard their results.
II will be &c en- rhst the fret subject OF inquiry will
be, whether the dsmsgss, if eny csu-eo cy sny
wsnt Of cue diligence the part Of those 10 ohage
of the vessel II at is, whether the matches have bsea
properly csuked ard secured, and the csigo properly
ftoweo ard Outraged, &c. This inquiry involves tho
question of Ii. biIty, tetseen tn. owoers parties
Representing the chip, and tie importers or owcsrs OF
the cargo, ard Others. H. however, il shsl De a.
cerared that those in cha OF the vessel have used
due csre end pr.csation IN the proper st)vSge ana
duIrsaing of the cargo the sec1ry Of the hstc1es,
&c thepitbe next subject OF inquiry will be, whether
no; the damages were caused by the dangers Of me
bylany OF those hrgs sganst which tue under
question CT liability between the impor ers or owners
Of The cargo ard the underwriters aud 10 oshsrs.
Thus il will be seen thst the owners OF the cargo,
embracing every importing house 10 NeT oik AMI
the belghbCrng cities are just as deeoly II noi indeed
mofe oeeply int rested in all questions lnyolSei IL
these surveys ard exam nations than either the ship
owners or the underwriters.
1t is the business Of the importer 10 buy and sell
eral thing does not know, much about the proper
stowege ard durnsgirg OF cargo. w len he receives
bis goods aid bds them damaged he goes at once to
the WeIdens Office for certificate OF surveys anf ex
aniLaiiCDs made, in order to ascertain whe.her b.
nust look to the ship to the underwriters for in
IDENTITY. How Necessary, then, that theae surveys
ard examinations should be made b7 trb lnal OF i'm
partial neb, neither by the ship owners nor by
the underwriters but by legal authority, and acting
under regulation and restraint oflaw.
The public interest the necessities and conveniencss
Of commerce. and the rights aud interests of the ship'
owners, the underwriters, and, ABOVE all OF tue im'
porting merchar ts require the establishment OF such
a tribunal whose records shall be evidence In ths
Courts Of all civilized countries. To create such
tribunal the object OF the several acts OF 1919,
1914 and 1857, and others Of still earlier date
The act Of 1874 was passed by Democratic Legs.
lau,e and contains the same provision above referred
to, prohibiting any person other than Port Walden
from making surveys or performing any OF the lti's
of Port Waidens.
But il is sometimes asked, Why sh ould not the
owter consgLee OF master of ship, b. allowed t.
employ any one he pesses to survey his matches and
cargo even TO dispense with sucn surveys atO'
eetber If he were the only party Interested theIeln
lie should be permitted to do 70, and whenever all me
parties interested in the subject matter Of exam nation
unite in the selection Of common sroter TO make tle
Necessary surveys and determine the questions To-
viewed therein the right 10 do has be quss
toned 10y this Board. But such cases rarely. ever,
occur except where the same person ID owner OF bota
ship ard cargo.
On the other hand, we submit that the is1 would
become an instrument Of great mi ustcs and wrong
n mi ad nh a q
either of tbem TO select person to mske surveys and
examiI atoms aud determine questions moving the
rights OF importers and absent parties That would ps
to allow two parties to unite and consPre tossther
against the rights aud interests oil third. H. Is ldls,
and worse tn idle to talk Of the right of these ps
tes to DO as they please with their own properly. IL
IL not their property; it belongs 10 other partes-.o
the importing merchants. Tue Marine Surveyors so
called, private Persons, appointed by no legal au'
tho y ana POI slble TO none but their immediate
emp oyees and dependent upon them for thst employ
ment. Nov, suppose the law to concede the night In
question, whom would the shp-owners or the under
writer's employ to perform these services ana deterdne
the conf ctpg re hts between them and the importing
mercbsnisi Is it not natural to suppose That they
wculd seect those persons most IN their interest "a
subjec, to their influence and control Tnere Is no
doubt that such cJncessiOn would save the under
writers pdstip-Owners large amount annually, but
at the expense of the importing merchants. 1t s not
therefore, surprising that they should, IN this psrtcu
lar instance, become the srebu'us advocates OF wnas
they term the freedom Of commerce, but which, as We
have already shOwD is nothing more nor sss than the
freedom to do they please with the rights tbs ln-
terests and the property If the importing mstchans
We do not suppose that is so regarded them nut
SUCH nevertheless is the practical effect OF toe pfnci
pie conten6ed for by them.
In conclusion we desire to add that, with refs encs
TO the decision Of the Court of Common Pleas 10 the
case of Tinkham against Tapscott Co., we do not
doubt that If the Court had been informed OF the col
lusiye Character of the p ocsedirg before them the
Judges would have vinocsted their own dignity by
promptly dsmissipg the sui. with severe and we'll
merited rebuke to the parties and their counsel
1t is enough to say that decision thus obtained
would rot be regarded by the Court that made II as OF
ave much mistaken II ihis unworthy attempt 70 impose
upon the public, tn Pori Wards rs and the Courts oy
sp Judgment shall be found to answer the purpose
designed by the parties to il aud their associated
By order Of the Bonrd Of Wsrdens .
MINTHoRNE ToMPKINS, President