Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-09-30
TIE CASE or Loxa.
why inspector Young Censiders Min
Blameless. l2%

why inspector Young Censiders Mim
Blameless. a@
Can't. Hiram Young has sent to Super
visor Fehrenbatch lengthy communica-
ton. in which he sets forth, very fully, his
reasons for holding Pilot B. ]. Long guilt
less There are two reasons, he says
given why Long should be held suiity'
First, for choosing the side OF the river
usually allowed the ascending steamer;
second, for not signalling until coming
nearer than eight hundred yards. In
relation to the first, Capt. Young says:
desire to say that in my long e1-
perience in the service, this Is the nrst IN
stance in which custom is brought 10 9eaI
as against the written law Tor the nrss
time there is conflict. Ii without oeins
able TO assign better reason than IN TINS
case. the former is to obtain them, have
no hesitation in pronouncing the rule the
most stupenduous dead-fall human in-
penuity could devise, and should at once
Re discarded. incline to the belief, however,
that the custom OF observing IL will prove
mnch the safest in the end. l believe all
pilots familiar with the same will concede
that il there is a stretch OF river anywhere
ON the bosom of which vessels could not ~
the stage of water then existing without
Inconvenience pass on either SIDE IN perlect
safety il is not surely here. Inc river was
wide, deep, smooth and but gently c9rVeo'
and free from Instructions Of any charac-
fsr from shore to shore. 1t is by no means
an uncommon thing, rs happen TO know
from personal observation, and pilots VIII
admit il. for vessels to meet and pass IRE
spectiye of custom shen the water Is
favorable. Why then single out and
make an exception in this case;
II is not such a point and pend
as we have spoken Of surely not sufncient-
Iv circui.ous as to warrant the observance
Of rule 6. Pilots well understand this. IL
has not been made to appear from any 9th.
or standpoint than that OF alleged custom
that the side selected by Pilot Long was not
the proper one, or that it endangered the
lives or property of either vessel. That ne
did so select and was coursing accordingly
ss was his updisputed right apart from the
reason he assigns, which / do not object
TO placing on record since it can reflect no
discredit on him, his boat being low In the
water. and not knowing whether the as
cending steamer was large or small one,
concluded that the comfort OF the excur-
sionists would best be subserved by taking
the side that would be the least effected by
the swells. ..s
In relation to the charge of not signal
ling when at proper distance, Capt Dung
enters into long argument to show that
il might have been at 800 yards distance,
or less, as the testimony was very CONNECT
ing. Anyhow, there was no danger at that
time, to wait until only 600 yards inter
vened would have been no great onense.
He quotes various testimony TO show the
distance might have been anywhere FROM
600 to 1000 yards. In relation TO the
crossed signals he concludes:
1t may be asked, why did not Pilot
Long maintain his first choice? l answer,
there was not sufficient time to indicate 1t
by the signal. He stopped and backed as
soon as he was appraised Of danger or when
his right was contested. Since the Scloto
had asked for the same side he expected, OF
course, she would take it. He simply
waived his right and for which he is TO
be commended, in order to avoid the COLI
sion. What course the Scloto would take
he did not know, nor had he any means OF
knowing. Herein consists the danger of
crossing the signals and for which ID. Z.
KelIer's license was revoked. 1t is and
always has been regarded as most danger
Gus abuse of the steam whistle; 1t is not
Unsuitable under any circumstances and
can only be done at the greatest peril; but
il ceases to be a matter OF dread since, as in
this instance, the opposite pilot must be
able to meet its dangerous tendency. rms
cannot always be done. Pilot Long. after
being decoyed into the very jaws Of peril.
was not able to do so and shall not hold
him responsible. 1t is my firm conviction
that this disaster is solely attributable to
the failure of the pilot of the Scioto to answer
correspondingly as he was in duty bound to
do, the signal of the John Lomas. Had he
done so land The evidence contains no solid
reason why he could noD this collision
would not have occurred.