The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-10

poisferous during tho aferpar Of the day which the
los- oecrrrv and thar the boat laid mp ut Mendoza
the month 81 The Minnesota River on account of
tho wind After sundown sho prOceS'ed on her
viyage the wind having abated the master says, or
arCurdng 10 the testimony Of the mate, having
'clu,'i down some There is n singular discrepancy
IN The testimony ~ the officers as 20 the condition
~ 'he wind ancr the boat len Mendoza The maftnr
swclis there no wind 10 nnec The boat until the
JIia ascending boii got near The MOhler, while tle
mate -iys the wind rose after the Moher lch Mendoza
ana blow hard by spells all The way down. They also
Disagree 20 the pnint where the julia met. The
nitsier SAYS ~ wps not moro than quarter OF n mile
niruyr the piers, while the mate likes the distance
"a one and half miles Both had equal Opportunit
81 Judging and there b nothing IN the record affecting
tha crrdihly OF either I'm such a case the defence
fails flr the respondents have right The Court
% prefer the testimony Of witness over the other
when there Is nothing in the record 10 show that
reliable Than the other Apart from this there is
enough In tho evidence TO establish satisfactorily
that the weather had not cleared nor tho direction
~ the wind changed and that the boat should
either not have lcit her moorngs at Mendoza or have
hnded ~ some proper point before the piers were
rrafhrd II won't do 10 say that the wind had mod
Grated anu that the officers Of the boat thought they
cnrld gr' through without trouble They had right
% think foi for on such dry squalls were likely to
nrifr ~ ant moment, and II was bn scnmnnshp being
furcwnrrcl, 10 attempt to 20 through such
dangerous place in The river II is difficult
piers, and especially In sudden gusts OF
sind blowing from tho south, which the on
that dny and this difficulty Is enhanced In the night
time aud when the current by OF high water Is
increased ANY prudent officer would have stopped
il the weather hccamc calm. ~ any rate il was The
So and lhiing IN his duty, he Is rhargcabe with The
consequences ~ his negligence, which III this were
hmennhe, fpr not only tho property in his charge
destroyed, but human life lost The ON
errs ot tho steamers plying tho Western
waters must he held to the full Of
responsibility In navigating streams where bridges
built arross them. These bridges, supported by piers,
Of n"cessuy Increase the dangers of navigation, and
river n"n instead of recognizing them lawful struc
lures built IN the interest of commerce, tn re-
gard them distractions 10 H. and apparently act
the belief that frequent accidents will cause their re-
mOvaL There IL no foundation for this belief Instead
Of the present bridges being abandoned more will be
constructed. Thc changed condition Of the country,
produced by the building OF railroads, has
caused the inland waters To be spanncd by bridges
These bridges To certain extent mpcdmcns in tho
way 81 navigation, but railways are highways of com
mrrcc well rivers, aud would fail of accomplishing
OF the main objects for which they created
the rapid transit OF persons and propcrty-f rivers
could not he bridged II Is the interest we'll the
duty OF all persons engaged in business on
the water routes OF transportation TO conform
10 this necessity Of commerce. II they do this and
recognize railroad bridges accomplished fact in
the history ~ the country there will nc less loss OF life
and property and fewer complaints of the difficulties OF
navigation al the places where these bridges are built.
IL they pursue different and contrary il
with the courts of the country in every proper case
remind them OF Their legal responsibility. The decree
OF the Circuit Court is affirmed.