The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-04-09
JAPAN.
The Collision Case.

The Collision Case.
from the Japan Gazette, February 18th, 1901
The Court of Inquiry which has dragged
its slow length along during so many days
came TO u close On Saturday and although
we could wish that the Court had found il
compatible with their strict sense OF Justice,
as well rs with the Act of Parliament, &c
acquit Capt. Eyre altogether, yet, as provis-
ion is made by the Act itself for such a case,
and the consequence to the Oneida were SO
fatal, perhaps Capt. Eyre could hardly have
expected to get off more easily than he has.
His acquittaI on the more important question,
as TO the causing of the accident, is complete
and the decision of the Court, which we can
not but say is drawn up with a clearness and
precision TO which we have not often been
treated in Yokohama, is couched in terms
which almost conveys a compliment to Capt.
Eyre for everything up 10 the time OF the ac-
cident.
But he left the ship that he had collided
with, without making any effort to ascertain
whether she had received any serious dam
age. For this-which we are glad to say, is
clearly proved to have been from an error of
Judgment, rather than from willful heartless-
ness-he is decreed TO have his certificate
suspended for six months. If any suspension
of his certificate were deemed necessary, it
could hardly have been less. And as opin-
ions still differ widely out of doors as to the
culpabiIity attaching to Capt. Eyre on this
point, we think it well for him that in Il
Court constituted of five members, represent
ing the Naval and Mercantile Marine and
Civil service. an unanimous decision should
have been arrived ar, of so very moderate a
character.
fTbara - on opinio, ohrooI @nat ,Lo Co,rt
had no power to give such a decision but
on p~erusing the clause in the Act, they will
see that although a little awkwardly worded,
they not only had the power, but were ex-
pected to exercise it. 1t is as follows
33.-In every case of collision between two ships,
it shall be the duty of the person in charge Of each
ship. if and so far as he can do so without danger to
his own ship and crew, to render to the other ship, her
master, crew, and passengers Cf any, such assist
ance as may be practicable and as may be necessary,
in order to save them from any danger caused by the
collision.
In case he fails 80 to do, and no reasonable excuse
for such failure is shown, the collision shall, in the
absence of proof to the contrary, be deemed to have
been caused by his wrongful act, neglect, or default {;
and such failure shall also, if proved upon any investi-
CATION held under the third or the eighth part of the
principal Act, be deemed to be an act of misconduct or
i default for which his certificate (f any may be
cancelled or suspended.
1t will be readily seen that this is entirely
applicable. By reading the clause inserting
the names of the ships, it will be clearly I'M
derstood and the second portion OF the
clause leaves the Court no option but TO act
upon it.
The whole of the circumstance connected
with the catastrophe have been of so painful
4 character, and so much in the minds of the
public, that we have not the heart to say
m6ra nDOD fhPm mr. IN CIT annthar word nc
TO TIE officers or management of either ship.
But we cannot be equally ~reticent as 10
some other matters that displayed themselves
during the time that the public mind has
been fixed on the mournful event.
First of all do we deprecate loudly the i'll
action of those who endeavored TO
make an International broil amongst the
members of our community. Happily, the
good sense of the more thoughtful among US,
soon showed the impossibility of any inter-
jealousy. 1t was quite beyond the
bounds of belief, under any circumstances ;
but the most inveterate sower of seeds of
dissension between England and America
could not but acknowledge the impractical
bihty of those on board either ship knowing
the nationality of the other. We need not
point TO the fact of an American having been
accepted as pilot it is quite sufficient that
on that point the public is perfectly satisfied.
But who set the idea atloat? We cannot
tell. We could point TO some individuals
whose feelings for some time allowed them
to give utterance to the inhuman charge.
And we particularly regret that from the po-
sitiOn a few OF these hold, their words were
accepted by some of their countrymen as
oracular; and had not the agent of the p.
0. Co, on behalf of Capt. Eyre, demanded
an enquiry, and had not the investigation
been of the extremely full and searching
it was, much mischief might have
been done.
From the time that foreigners first assem-
bled at this port until now, n more complete
unity of feeling among all residents could
nowhere exist. 1t is true that the English
has been somewhat more numerous
than other individual nationalities but in
everything of a public character all have
worked well together, and in committees of
every kind, all treaty powers have been rep
We might go one step further,
md say, that on the only occasion when the
public vote was appealed to, an American
citizen was selected, and this could not have
been by the votes of Americans only. Thus,
f any attempt is now made to disturb the
good feeling that has prevailed so long, those
Who make such an attempt are much to be
We do not choose to mention names, be-
,ause we feel that the result of this enquiry
las gone amongst other things, to show the
on the score, how grave a mistake
hey made; and we believe that before any
was delivered by the Court, they
lad seen cause to regret their original hastily
conclusions and unmeasured express
Another point we think it important to
notice, is, the difference of opinion that
-ppears to exist between English and Amer
navigators as to what is called the
uIe of the road" We have had several
%oIlisions in Japan during the last few years:
n most of which an American vessel has
cen one of the parties. On each occasion,
o far as our memory serves us, the Ameri-
vessel has starboarded the helm. We
our readers to peruse the accounts
f the collision between the Hermann and :
ne OSqc1. and the NeU York and the Ocean