The San Francisco call., 1897-09-17
out said instructions is shown by his loss OF a

out said instructions is shown by his loss OF a
fine ship.
should be competent to hear the testimony in
any case that may come before them-sifting
the evidence and deciding the case on It's own
merits; hence, they were in no way justified
in calling in as they did, for the purpose of
getting expert testimony, United States L.
censed Master Pilot David Wallace, or United
States Licensed Pilot Benjamin Craig,
both OF the Topeka, and known to be compe-
tent nayigators in Alaskan waters; but neither
knew anything of the case at bar other than
from hearsay. If their evidence cou-d be con.
sidered b. the local board II was an error to
permit them TO be present as they were, dur
ing the taking OF the testimony of Captain
Thomas, and al the same time enter into dis
cussions with the local board and the captain,
who would have been justified in requesting
that their evidence should nave been stricken
out as irrelevant and immaterial, or else 10
have demanded a new trial. However, the
"Jack Bunsby' answers OF those Two wit
nesses to the hypothetical questions of the
local board may not have influenced the latter
in reaching the phenomenal decision they
have in the cases OF Captains Thomas and
Connel.
Third agree with the local board in It's
opinion that the ship struck on West Devils
Rock, but as sh was unques tlonably in Cana
dian waters before A. NJ. when she was started
on her course (northeast rs easD she con-
tinued IN Canadian waters; therefore the local
board had no authority to revoke or suspend
CAPTAIN Thomas or Connells pilot licenses,
as II Qlu 1OF lNctI dlleSeu ACTIONS III IHOS0
waters al that or any other time Captain
Thomas as United States licensed master was
answerable TO the officers of the steam vessel
inspection service for any violation on his
part OF he steam boat laws while in command
of an American vessel (steam) in any water.
Section 4401, United States Revised Statutes,
provides Iii specific terms that steam vessels
sailing under register shall not be required 10
carry pilots licensed by The inspectors of
steam boats Vide department decision No.
665, page 30S oil the manual, fourth para
graph.
Fourth-The Mexico was sailing under reg
ister, and her master or owners therefore were
not obliyeted under the law TO employ
in his offcIal capacity. 1t matters not if there
be pilots licensed by the territorial officials;
hence l hold tnat neither Captain Thoms IS nor
Connell could legally be employed as United
States licensed pilots on that vessel, nor were
they as such under the circumstances subject
to the laws, rules and regulations governing
the steam vessel inspection service, even
though the Mexico had been wrecked in Alas
kan waters; but as the local BOARD entertained
fferent opinion they proceeded in a singu-
lar manner 10 punish Captain Thomas and
Connell by giving the latter far the lighter
punishment. AS he, and not Captain Thomas,
loss OF the Mexico; hence his, and not Captain
Thomas, license should have been revoked by
the local board had it the authority.
Fifth-As the findings of the lower court as
to the responsibility for the loss of the Mexico
are entirely erroneous, therefore, for reasons
above given, ! must decree that said findings
be Sc aside, and it is so ordered
JOHN BIRMINGHAM,
Supervising Inspector First District.