The San Francisco call., 1895-10-14
THE COL|MA'S CLAIMANTS
United States District Court of
New York Gives Them
a Chance.
PACIFIC MAIL CoMPANYs PLEA
Disaster Unlikely With Proper Ship
ping Laws Restraining Owners
Greed.

Important notice has been given by the
United States District Court of New York
that persons who expect to file claims
against the Pacific Mail Steamship Com
pany must take action within the next
by the courts decree.
The company made application for ex-
emption under the statute for damages
beyond the value of the vessel. The court,
in considering the matter, reached the
opinion that sufficient notice of the COM
pany's application has not been given to
probable plaintiffs in California and there
fore postponed the entering of a decree
until further notice could be given them.
Touching upon the loss of the Colima
Frank Rotterdam has written an interest
ing paper for the North American Re-
view. His sketch is entitled, "Our Need
of Stringent Shipping Laws" He believes
that the completion OF such palatial trans
Atlantic passenger steamers as the st.
Louis and st. Paul marks new era in fast
and efficient ocean steamship service under
the American flag. He thinks that this is
only the beginning of an extensive ocean
carrying trade for the United States. But
to secure reliable maritime growth he
maintains it is necessary that this Gov
ernment make and enforce such laws re-
iating to the service of vessels, and par
tcularly to their loading, as will inspire
feeling of safety and protection for vessels
under the stars and stripes.
Great Britain's merchant marine is cited
as an example of service under wise Gov
ernment restrictions that restrain the
greedy shipowner from overlooking his
vessel and that cause the travelling public
and shippers to have the greatest conf
dence in the safety of steamships flying the
British flag. To this feeling of reliance, en-
phasized as it is by the extensive guardian
ship the British navy gives the merchant
marine, the writer thinks is due Great
Britain s success in ocean commerce.
Continuing, and referring to the Colima
disaster, he says:
Recent instances are not wanting to illus
trate the necessity that exists for such laws
being enacted, or, il already enacted, to urge
their enforcement. Only few weeks ago the
steamer Colima OF the Pacific Mail Steamship
Company sailed from San Francisco for Panama
and way ports in Central America and Mexico
with large passenger list and heavy cargo,
including deckload. If the reports thus far
published OF that sad disaster by which two
hundred lives were lost are true-and nothing
has been made public to refute them-that
shipwreck was beyond doubt caused by the
steamers being improperly loaded and carry
ing a deckload which should not have been
permitted.
Such thing could not have happened under
the law OF Great Britain which make it misde-
meanor to carry deck loads, except under GER
tain restrictions, and subject the captains and
owners OF vessels to heavy fines and imprison-
ment. Had such regulations been in force
under our laws the Colima could not have OBJ
| tained a clearance at the Custom-house while
carrying such deckload Hence the disaster
would have been prevented and 200 valuable
lives saved.
1t has been dearly taught lesson by which
we should take warning, though 1T will be but
poor comfort 10 the many bereaved that have
lost husbands, wives, sons and relatives by the
CT tastrophe.
such disasters reflect discredit on the laxity
of the shipping laws OF this country, and should
direct the attention of our public men and leg
islatures to the urgent need of reforms being
speedily enacted and rigidly enforced.
The question of liabilities of owners of ves-
sells sent 10 sea in an unseaworthy condition is
one which the courts may be called upon to
decide. 1t should not be left however to indi-
vidual sufferers (who may be financially una
ble) to make test case under such circum-
stances. The owners or officers of corporations
managing steamship companies should be held
accountable and responsible for damages and
punishment by the State, and in all cases the
cause of the loss or disaster properly investi-
gated by Government officials and nautical ex-
perts, as is the case in Great Britain and her
colonies.
The loss OF the Colima is not the only in
stance of such sad disasters. Two iron steam
ers the Keweenaw and Montserrat, left Nanai-
mo and Comax, Puget Sound, in December
last, same day, coal laden, bound for San Fran
cisco; neither has ever been heard from. They
encountered heavy gales, and being heavily
loaded (no doubt beyond their capacity it is
supposed were unable to withstand the force
OF the tempest and went down with all on
board.
There is little doubt that both these steamers
were overloaded, as no restriction was placed
upon them. although one sailed from a Cana
dian port, but being under a foreign flag the
authorities had no right to interfere. Some
seventy souls were hurried into eternity by
these two disasters, which were the evident re-
suit of greed on the part of the ships managers
or owners, yet not voice has been heard in
condemnation of such fiagrant outrages be-
yond the stified means and walls of despair of
the widows and orphans OF the unprotected
seamen. They should appeal TO the sympa-
thies of the public and hasten the much
needed remedies.
No official inquiry investigating the causes
of these disasters has been made. Surely it is
full time that steps be taken by our Govern
and to adopt stringent measures for the better
protection of our mercantile marine and the
hardy seamen who risk their lives to navi-
gate our ships and to develop the commerce of
the Republic.
The shipping interests of the United
States, to be fostered and to be expanded
so that they may be in keeping with the
unrivaled new fast cruisers and modern
battle-shlps, must, as Mr.. Rotterdam ex-
presses il, be properly guarded by law.
''Protection to our ships and to the sea-
men who man them" he suggests as a
motto henceforth.