The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-09-29
THE COURTS.
LANGUAGE OF TILE SEA
Assessors Restrained from Changing Their
List Of Awards.
MEMENTO OF COUNTY AUDITOR WATSON

Some time since thorc was red in tho United States
District Court before Judge Blatchford suits brought
by Martha J. Davis Administrative OF Oliver Davis and
Others against tho steamship Eleonora and by Sam
uol Cashier Jr, and others, against the same defend
ant decision Ia tho was gwen yesterday, and,
rs establishing Language OF tho sea-" Is specially
important and mariners and until reversed
will give a Specification 10 alarm sounds on vessels
which have hitherto lacked authoritative meaning in
these waters Tho opinion is gwen below in iu and
n tho facts OF tho are fully recited by Judge
Blatchord 1t is unnecessary to recapitulatc them.
These Iibcls arc Med first of them by the owner
of the schooner Transit, tho second OF them by
the OF her cargo, to recover Tor tho damages
caused bv tho loss of The schooner and her cargo
coal which took place the night OF the 30th OF
August 1875, shortly before midnight, IN consequence
Of n cohi ion between the schooner and tho steamship
Elcanora Long Island sound of Faukncr's Island.
during log, the schooner and her cargo being
sunk and totally lost and the master OF the schooner
beng drowned. The steamer WAS bound from Now
York 10 Portland, Maine. The schooner was bound
10 the east ward. The wind was cast AMI very light
and tho sidc was running hood or TO me west Yves.
ward. Tho schooner was on ner port tncH.
beating and heading about souh-southcas', or
SIX points of Tho wind. The course OF Tho
steamer had been a lttto north oi east me
OF the struck the starboard side oil tho
schooner few feet forward OF The stern OF the
schooner and substantially cut OF tho part OF tho
Schooner that alt OF the line of the blow. The
hucs alcgc that those on the steamer were either
Negligent in not discovering tho schooner IN tme TO
avoid The collision or seeing the schooner and her
lights or hearing her signals OH her log horn
ncgpent in continuing TO run tho steamer at the
Of ten twelve knots hour, aud in not causing the
steamer be stopped bcorc colhdng or causing her
coursc TO DO changed. The answers aliege that log
came at twenty minutes past eleven O'Clock that
the steamer was running moderate rate Of speed,
had competent lookouts, properly stationed and
keeping vgiiant lookout, an her whistle Was
sounded AT regular and proper intervals that while
thus proceeding cautiously the lookout reported, and
there ut the same time heard, one blast oil iog
horn about hall point over the port bow OF tho
steamer; that thereupon Immediately hcr wheel was
put aport and thereafter kept So ana mat sho
was stopped ana Dackcds that Immediately thereafter
tho sails OF the schooner came into view, crossing Inc
bow OF the steamer from port TO starooard; that
tho schooner exhibited no flash nor other
lights at any time, was any signal given
from her except The ono blast oil her log
horn lust Immediately before the collision; that
She had no competent officers, nor crow, nor look
out nor wheelsman, at previous 10 the collision;
that, Notwithstanding every effort from the moment
Of receiving any signal from the schooner 10 avoid
her. made by those in charge OF the steamer, the
vessels into coson that The collision occurred
ABOUT twenty minutes TO twelve O'Clock, midnight,
ana was inevitable 10 the steamer; that the col.
sou solely owing 10 negligence ana want Ct skill
tho part of the schooner, IN that she lad
no competent crew anu had no proper lights set and
burniDg and exhibited flash light, and had no CON-
petent or proper Lookout ana gave no sSlnc,ena OF
did not Indicate her port tack by two blasts OF her log
horn that vessels approaching her might he warned
IN time and thus avoid her; and bad no competent
bel msnan and for some time before, and at the time
Of tue collision, ono at all at her helms that the
only sgnal--lo wit, the blast OF the log horn
which the steamer received acted upon promptly,
and mad signal been timely aud proper ana had
those galiug the schooner not been guilty OF tho
other negligent above mentioned, the collision
could have been avoided TIE fog Was very dense.
The steamer, when the fog came on, reduced her
speed To the oil between hve and SIX miles
hour, her ordinary ratio being ten aud blew her
log whistle at prtoer intervals There were
in her pilot house her master and first mato and one
seaman, and there seaman watch just outside
OF the pilot house. and one on the lookout forward
the iorecastle deck clcso 10 the stern. All werc
listening attentvsIy tor sounds OF log horns aud look
ing atentively tor lights. The schooner, as lifd on
TIE evidence, had ner coored nights set ana burning
but they not seen at any tinc from the steamer
could they or the lights vi the steamer have been
such fog at any useful distance The schooner
had her deck seaman, who was at the wheel, and
her mate. Her master came ON deck very shortly
before the collision The persons the deck OF tho
schooner were listening and looking. They had fog
horn on deck, and II was beng blown by them AT
proper intervals. Yet 1t is PLAIN IRON tho evidence
neither vessel became conscious Of the presence
vi the other until Just before the collision cannot
the conclusion that the collision was duo in part
NJ least, 10 the improper speed OF the steamer The
violence OF the blow aud tue fact that nOtwIthsand
ing stopped and reversed at full speed
sovu she became aware OF tho proximity OF the
schooner by bearing her log horn the impetus carried
her, despite the obstacle considerable distance ahead
and beyond the place Of collision before she came
TO standst, Indicates that her speed was 100
great. Tho schooner gave proper blasts on
iog horn, unconscious OF tho approach oi
the steamer. The schooner was bound TO the
eastward with her booms oil to sarbOard Tho blasts
oil her log horn delivered was natural toward
the eastward, and the position OF the sails OF the
schooner would tend intercept the sound bong
heard vessel approaching the starboard side OF the
schooner nearly at right angles. The moment the
whistle oi the steamer was heard Oh board of tho
The fog horn OF the schooner flown
the starboerd side vi the schooner and toward the d
from which the blast of the whistle The
steamer was running NJ the rate, at hvc ana a halt
miles an hour 4S4 lcoi q minute. The wind was
blowing the sound OF tho whistle directly away from
the schooner IL Will not do to that the TACT that
the did hear the steamers whistle sooner
the tact that the steamer did not hear the sch0on
ers log horn sooner II appearing that those on Dotn
vessels watchlul and attentive, proves that tho
steamer gave blasts OF her whistle before the frst
the heard or that the gave
blasts her log horn before the lrst that
steamer heard, in the OF the clear evidence That
both whistle aud log horn were blown anu properly
blown IN view OF the existing state Of things before
the blasts which were respectively heard. II the
steamer had boon going at less speed, or had como
anead short distance and mon stopped
her passage from point 10 point through
the intervening space, and not merely her running
while in forward motion, that moderate speed'
which the statute requires, IL is quite apparent that,
blowing whistle continually at proper intervals,
the blast would have been heard by The schooner and
answered by the og horn tho slardoard sldo OF
the schooner IN sufficient season Tor the steamer TO
have stopped and backed and been brought TO sandstl
before reaching the scnoonor Therefore the steamer
IN FAULT TO her speed IL s conteDded that he
schooner IN iauit III not showing lighted tOrcc.
IL is PROVIDED BY section "a OF the Revised statutes
that every sail sualt Ion the approach vi any
steam vessel during the night time, snow lighted
torch upon that point or quarter 10 which such steam
vessel shali be approaching" In order 10 make this
provision operative II Is necessary mat the sailing
vessel should DC aware oil the approach OF the steam
III
ignorance should arse from Negligence or inatten
the part Of the sailing vessel. ln the present
do not nnd OH toe evidence that there was any
negligence or want vi attention on the part 0i the
schooner III watching Tor sounds from the steamer.
The schooner was provided with torch. but IT was
deck. am not satisfied on tho evidence that
there sufficient interval OF time between the
hearing oil the steamers whistle ny The schooner and
the hearing OF the scnoODcrs fog horn by tho
steamer Tor the torcn have been lighted
ana exhibited in sucn manner rs 10 have done any
good have indicated the presence OF the
fha ne fprt ing harm al
II Inc torch had been deck Here, again, the
difficulty goes becN 10 The speed win wblcn tho
steamer approaching Tie course OF the schooner.
But there obstacle 10 the entire exoncrstion of
The schooner from fault The Board OF Supervising
Inspectors OF Steam Vessels IN January, ls1j estaD
lishcd certain regulations, which were approved by
HE secretary OF the Treasury. They contained IA
a printed pamphlet OF ioriyhvc pages, entitled Gen
eraI Rules and Regulations Prescribed by The Board vi
Supervising Inspectors OF steam Vessels, and APP
proved by the Secretary OF tho Treasury, 1915. -
Among lncse fcguiatio', on page H. are ''Kulcs pre-
scrDDg ios sgnas to be observed by steamers,
sailing vessels and other crat.n one vi those regula-
tions IS as follows :-sans vessels, and every craft