New-York tribune., 1886-03-17
THE QUESTION OF LIABILITY.

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PROTECTED BY AMERICAN LAWS-THE REVISED
sTllUI ES-INIEREsT OF THE OWNERS.
The question of the liability of the Cunard
Con pany for the baggage Of the passengers OF the
Oregon is one the most interesting sequels OF the
wreck lawyer OF high standing who has had wide
experience In admiralty matters yesterday summed the
case I'D as follows to TRIBUNE reporter "Ihe first
question IL one OF negligence. II 1t is proven after IN
vetgaton that the officers aud took AL usual pre-
cautions then the vessel and her owners are cxOner
aed The AT the schooner had the rlSht OF way
as sailing vessel has important hearing on the case
but il does by any means settle IT, somewhat
similar case was that which the Adriatic ran down
and sank a vessel which afterward proved to be the
Harvest een The testimony OF those the Adratic
showed that they would have passed tho ship safely II II
had been for unfortunate change OF course on
her part after which collision was inevitable. The
men were eIonerated AMI the owners paid no
damages although general principles 1t is the duty
OF the steamer keep out OF the way OF all sailing YES
scs Vessels are required TO carry lights which shall
be visible at distance OF two miles II 1t Is proven on
Investigation that the schooner carried no Ight that
with suitable ookouts the officers of the oregon were
unable to her until collision WAS unavoidable, the
Dragon should be e1onerated by all law and precedent
If on the other hand, is settled that the collision
was in any way due TO the careessncss of the Oregons
officers and crew. then the liable for loss and
damage TO a limited extent defined by law. Although
tue Oregon foreign vessel she Is entitled TO the pro-
lection of the American limited liability act An
American vessel running down an English vessel IN
TGzish waters Is not allowed the protection OF the stint
Inr English law, but her owners are ned FOR the full
amount OF damage done The same question was raised
mere but our supreme Court decided that Justice for
Americans was justice for Englshmen ana tlat we
we're not going like hogs because they did There
the responsibility Of the oregons owners is I'm
tn. statutes OF the United states IL Reads;
The liability OF the owner any vessel for any emboz1lo
loss destruction by any person Oh any property
any damage injury by cousiOn OF TOT am act
matr of thing forfeiture done occAsi1ned
incurred without the pIlvty or gf O Sun owner
sha IN no case ehceea tne amount o o, nm ,no
ect,on 2.5-ItsbaI be deemed surBcient comp pance
tbe par OF with the requirements OF TINS TUE re
ating his liability for any embeL Lemen loss OF des rue
Ter nj, in such vessel and freight for the benefit o,
saa r,6cion to act as such trustee person
20 be legally entitled thereto iom % ana ssT
shall cease
The pplcation of the above law to the present case
woud be this The freight pending is nothing because
none has been earned and none paid ihs question oI
whether passage money or any part OF the passage
"a hind one depending legal points and the contract
Of the company with the passengers II decided IN !he
cInim. that viii be made Secondly, as TO
the interest Of the owners In the vessel By section
9s5 they can transfer their interest TO trustee for
the benefit the claimants The interest OF the Cunsrd
Company in the steamship oregon GUw yang aysr ~ to ens
trustee would not be worth two cents or III any way way
henent tho & Siai'Is'' Is. scotepd whose wreck now
lies under tho Scotland lghtship, there was
abort AZ 600 worth OF anchOr-chaius, etc, saved
from the wreck This represented the interest OF the
owners ana All that the shippers o. merenanG.e % %
iosI I'm the scotland could get hold OF Ihen the ques
lion was raised whether the insurance when the owners
had collected did not represent ther anu t T
hscome subject 20 tho claims made against them Inc
vent ub before the Supreme Court and 1t has been
"rb. Ipossibilty OF the passengers ever being relm
bursed nv the company depends on three
at % 1rnof OF the part OF the Oregons
oh,c.r. second the decision OF the supreme Court
,ha, ths In.nrance represents the owners interests
SSra ,6a certanty that tho oregon WAS insured a
nnrt on which the agent declares his Ignorance
fa law as have given II TO you Is Tor the encourage
mani ~ commerce.. With unlimited laDily '
man might put 100000 Ito steamboat; tns1 misn
rnn int6 ard SINK q steamship worm million thls
.wamning his entire fortune Now he can invest MS
O3o and say Il will rsk that much ine possible np
nront iustnes Il and the fact that my naDnV 10 nm
tied by that amount protects the rest OF my properly