The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-12-15
THE STEAMER AT FAULT.
Continued from Eighth Rooe.

be applicable, where IL was hsld that under the
statute Of Oregon giving the right of action 20
an administrator for the death OF his intestate
and giving lien on the vessel navigating the
waters Of the state for any injury caused there
bv. q suit in admiralty may be maintained fn
the United States district court for such death
In the absence Of such lien the iDtervenors. who
sue OF account OF the death, being compelled BY
the act OF congress, and the pro-
ceeding Of respondent invoking II to
become parties TO this proceedings are
70 the opinion OF the court entitled TO proceed
here and to ask for the distribution Of the fund
which the respondent has provided for settle
ment OF all liability which may be adfudRsd
against him because OF the collision from which
the injuries resulted We know that so far as
the decisions Of the supreme court OF the
United States have gone, it is yet an open
question whether a state Law may have the
force OF creating liability in maritime cases at
all. within the dominion Of the admiralty and
maritime Jurisdiction where neither the general
maritime law nor act of congress has created
such a liability and In the case Of But
$50 U. g. $3.50 the learned F ius'
tice in delivering. tho opinion remarked
for the court. ''on this subject we prefer not to
express an opinion" And it Is further true
shat if state law could not have the force to
create a liability 10 maritime case at all that
the interventions dependent upon death fied In
this cause could not be maintained.
QUESTION FOR IMMEDIATE DECISION.
The question. however is one which must be
case at bar may afford an occasion for an
authoritative declaration by one OF those APP
pellate courts those deliverances upon the sub
ject will be accepted with satisfaction every-
where. The passengers injured and killed had
embarked on an inland voyage II was entirely
within the territorial jurisdiction OF this state
A homicide az any point OF the route which the
st. Nicholas would traverse would be trlable In
the courts OF the state If O criminal case.
or il death ensued from criminal or
other negligence at any point OF the waters
traversed. the courts OF the state would have
jurisdiction to adjudicate all questions OF liza
bty and compensatory damages. Why then
upon principle, should IL be urged that because
the case is maritime the state may not create
q liability so necessary to compensate for the
immensely of injury resulting from the death
suffering, loss and expenditure of the unfortu.
nate llbelants who. If their averments be true
were the victims of the most culpable disregard
OF duty and caution by those 10 charge of the
St. Nicholass Can it DO that the courts of
the state are intrusted with a Jurisdiction
which, IL this were not a maritime case, could
compensate the poor creatures whose relatives
10 a moment OF unsuspectng happiness, were
crushed to death by the negligence OF those to
whom their safety was committed, and merely
because 1t is a maritime case that the courts OF
the United States, although having general ju
risdiction OF torts on waters within the admit
rally Jurisdiction, have no authority 70
assess liability at allf Can it be further true
that the court of the United States have au--
thority under the limited liability law to en-
JOIN them from proceeding elsewhere and then
hold that they have no standing in court hereS
We think not The courts of the United States
have repeatedly enforced in maritime cases the
liabilities created by the state statutes such as
shipbuilders' liens, liens for supplies, etc. Why
may they not enforce liability In maritime
case for homicide resulting from criminal or
other negligence in a locality ana under the
circumstances where the state law creates the
right. 1t is insisted that this would defeat the
uniform practice in admiralty through the coun-
try; but the same argun ent would be as ap-
plicabie to equity, and 1t Is too late to deny that
a court of equity of the United States msy en-
force an enlarged equitable right created by the
state statute
AN INCIDENT OF THE DISASTER
Five hundred passengers charter a steamboat
for the purpose of a church excursion. They
are, to use the language of the state law in de-
scrioing them. persons of color" Their long
habits OF Difference to the white race make them
wholly unsuspicions Of the possibility of danger
while their safety is In charge of white men,
For months they have anticipated the pleasures
that as the steamer gliding over the placid
waters of the broad inland stream,
in the funess of their happiness,
they were engaged in singing one
OF the hymns OF their church,
ION Christ. the solid rock, stand,
ALI other ground is sinking sand,''
when, In an instant, without a moments
warning, through the culpahle negligence of
the officers of the vessel, there was brought
about scene OF agony and despair which Is
rarely equalled, and perhaps never surpassed,
bruising, laceration inutilaton, death. are in
ficted upon the happy company Of a moment
before. 1t was upon vessel licensed
by the United States. under the control Of the
United States laws; the officers through whose
negligence the wrongs were inflicted were
licensed of the United States, AS an original
question, II these intervenors could not attach
the st. Nicholas either by the process OF the state
court or by proceeding IN admiralty, they
must go to foreign Jurisdiction, to the state
of Florida, and make service upon the re-
CelVer and TO him. and hQva n
deny them the right to proceed now after by
the process Of this court they have been en-
Joined at the solicitation Of the respondent
from proceeding elsewhere is wholly TO deny
them all redress whatever; denial of justice
for which we will not willingly accept RESPONSE
biiity We hold, therefore. the premises eonsid-
cred, that is the duty OF the court to entertain
the interventions depending upon death.
NEGLIGENCE THE CAUSE.
In determining whether the negligence on the
part OF the st. Nicholas caused the collision we
have little difficulty The steamer was negli-
gent In not having lookout at the bow of the
and regulations of the board of supervisors.
etc, p ~. These rules are promulgated by au
thority of the Revised Statutes of the United
States. section 4405. and have received the OPP
proval Of the secretary and treas.
nrer. and have all the force of
occurred from q manifest want of knowledge OF
tie tuntion OF the draw-brdGe. the presump
tion s that resulted from the abssr ce of look
out. and the facts OF the case, mt reover, sus-
tain this presumption. Tne master of the St.
Nicholas, who was also pilot. and engaged at
The wheel navigating tho vessel was really, by
his position, above the bridge. At night. on
account of the trees aud the darkness of the
water, 1t was difficult TX not impossible, for him
TO see IL. whereas lookout stationed in the
bow of the vessel not charged in any manner
with the dutyos directing its course. Of fol-
lowing the sinuosities Of the channel could
readily have discovered the closed bridge loom
ing, as IL must have done, between him and the
SKY. The failure to station a lookout in the
DOW, appearing to be positive breach OF
the statute and of rule made in
pursuance thereof it Is the duty OF the
steamer TO show that this neglect certainly did
not contribute to the disaster, Pa 10 Wall, 1875
lSo. Case Of Farragut 10 Wall. s34. does not
change the application of this rule. because
mere the proper inquiry OF the master was
whether the draw was open or closed, and moth
ing could have afforded such satisfactory evt
uence on that subject as the lookout in the
DOW OF the steamer. The testimony of Ramon
noble, one OF the pilots Of the steamer, is that
man ON the 5Rckstaff could have seen any
tnln9 on the water better than elsewhere Rich
sroson had been plotting the st. Nicholas, and
tesun@d that the reason why the bridge could
not pc seen on dark night was because this was
low Nat piace--there the railroad is
very near the water. It is evident to any man
level with could see IL better at night than one
stationed above H. Capt. Boulipeeu Of the st.
Hicnolas himself testified, vol /, p. "a. that a
man could not see the ST. Augustine bridge
IRON the pilot house as good as in the bow. He
WOuIu look In dark A l00kOut In