The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-03-14

80 ezss 0. Wilhelm wiihelmsen va
r.asiex stsznlssInF TIE case WITH
- taxsd 70 the plaintiff. The simple
=. :. ne action does not remind others
- thoss strectly interested that u Is
=. a unusual features. involving aues-
a. 70 fas zreaoring within prescribed
80 ~ TIE United States coast defense
y~uel Aoatsfsy.
-. sct.oa In admiralty b. the plaintiff
-.s sbove va that OF the steamship
go. Of TIA Puget sound and Central
..s-s-an nne on April u OF last year.
- xcatsfey was lying OF Arlington dock
-. az freszhter desired TO land II.
.ss~snu.rf statement OF the Tranzit's Of
a. xas taat the steering gear got fouis1
- tsaf she would not obey her helm
800 TIE sulf was begun, IT, whiea Il was
ear,snEed taat the monitor was lying In
- AZ the Lac drawn fEOm the oregon
T-ssovenent coal bunkers to Duwanalsa
ases without a pernslt from the harbor
sras;sr. according 20 city ordinance. Fol-
agsinx Is the opinion In full:
TIE xoaterey, a public war ysssel OF
s. Cnissd states, While lying at anchor
= sss harbeg os Seattle, distant about
tF feet from the outward end OF Airing
a. aosk. on the afternoon OF clear
sxg. VAS run into BY the steamer Tran
III A Ncrweg!an vessel. owned cy the IL
49,. The Transit w4s entering he
sxrpsF, and intending 70 make star
ssars AMAZING on the north side OF Ar
1srfo- dock. and 20 reach her berth a.
80 aoeE Il vas necessary for her % pass
sAs Monterey TO the ncFthward; the+s
Nss EoshiEg 20 prevent her officers from
sss!Gr tie Monterey. and making out her
sasslion accurately. and IN fact thsy did
- tas Nontsrey In ample time 20 have
sgs.se3 coming IN collision with her. II
fas Transit had stsered a proper course
tsxaf1s her landing ans would have pass
O tAs Monterey On her star board SIDE.
tsa4sney 10 carry her northward and
frcr ire Monterey. rather than 10 exert
sey influence IN bringing the vessels to-
sssAsr The Ibel alleges that as the Tran
j., entered the harbor with the object OF
rzkax a landing as Aforesaid, she was
ksassd for the stern OF the Monterey.
ash when within five or six cables length
q .he cruiser toeing "a soon as Il Was
esrslaerrd safe By those In command Of
the Trznsi1 the engines OF the Transit
ssrs brought 10 dead stop and helm Or
esfst 70 starboard for the purpose or
sssEaag the stern and TO the northward OF
sr.ss sss promptly obeyed. After a
f2sonGbls time had elapsed. the said ship
rE answering her helm sudden and
kssyy squat then blowing and striking
ksf On the siarooara quarter. the order
sss given hard a-starboar3, which order
vas promptly obeyeA, and directly after.
sssting that said vessel did not respond.
ne engines were ordered fun speed
sslsFa. which order was promptly obeyed,
ssa the anchor let 20.
The Transit. however, did not respond
% ksr helm, nor stop her Roadway until
Sc had struck the Monterey with great
tgref. doing considerable damage. TIE
taskdsa libel shows alfirmatlvely that
re Transit vas ia fault for she failed %
easy her helm. which fact proves that she
vsan nBmanagsable vessel. and her OIL
A. sal Esr ant e. 90 - afgF a Fsfass
fsG ether vessels. or else they should
have proceeded so cautiously that by uso
q her machinery the Transit could have
sspsst and reversed in time TO have
fSt Of the Transit as shown by the
snsaasd libel. IS sufficient in itself to ac-
faErt for the collision. IL - not pretended
tar the Monterey die anything what
szsf 70 cause the collision. except 20 re-
na!n stationary In the way OF the Tran
g. the libel. however. seeks 20 throw
~ hiaEne upon her commander, by aEes-
iag hat she was anchored 81 an Improper
f.ace. anf hat a city ordinance of the
ay " Seattle was violated by ancnorins
tAs vessel IN the harbor without permit
from the hagborm8ster. and without be-
e ASHAMED 20 place for anehorlnE.
proctor 90 not sustain the position he has
tskeR ! Will refer 20 them briefly. The
Cara. IL u. s., 1a-se. In this case
szail schooner. having no watch on deck.
-
hsakxater On very dark night when
vessels we're constantly arriving. for she1-
tsf rem an approaching storm. one OF
sAseA. IA proceeding % a proper anchor
SEE without any fault on her part. col
h5ed WITH ans sunk IRE schooner. II
sl1icsent watch had been kept on deck or
ssa latter, the collision might have been
ssosas1 Il vac held that the vessel At
saehef was wholly In fault. IL appears
" iaa opinion " the court that there
sss an entire failure 20 show that the
e7sT Nesses was guilty OF any fault or
sTissioa OF commission. and so FAR from
ssei9sEs thai being anchored a. an I'm
kfa5sr plRcs was the controlling fact In
t1as the liability. e L. given as the con-
.aSion OF the court that the failure to
$50 proper watch on deck OF the julia
Aetsh. was the cause OF tHs collision
The North star. los r. S. tT-2s. was
ss*S o. collision between two vessels Tn
81 Say az sea, or the Jersey sAorA
Nath o. Sandy Hook There IS nothing
9 ne facts ef thu case calling for a de-
sss4aa which n the remotest degree bears
saaa Tue question OF fault OF the paS OF
vessel tytng a. anchor. The case ap-
psSF. e have been cited ~ counsel for
ue saka % = reference therein 10 ths
res of OieTa1 cnA ths isvs or Nishuy,
TstUs TIA Ff1ts sar 4,