The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-05-19
She Foundercd through an Act Of
God.
Judge Webb's Decision
in a Famous Case.
Final Argument Made by Hon.
Charles f. Libby.

When the case Of the steamer Portland
was continued in the United States court
on Thursday. Judge Webb said that be
regarded the contention OF the petitioners
established in all points except as 10 the
question of responsibility. On that point
alone. therefore, Hon. Charles 4. Lilo by
made his argument. He quoted from
those paragraphs of the petition wherein
II was claimed that the wreck was the
act of God, and not In any way due TO
carelessness or remissness on the part OF
the owners or officers of the steamer. and
wherein prayer was made that the petit
TONERS be entirely exempted from Ia
billty. The process of limiting liability
was in accordance with the practice Of
admiralty for many years, and differed
somewhat from the English practice in
that it was not necessary to confess liza
bility in order to obtain Limitation.
MIR. Libby reviewed the testimony which
showed that the Portland was one OF the
strongest and best vessels of her class
that had been built up to the time of her
launching in 1889. In some respects she
was better than other vessels. The com
pany always overhauled and inspected its
vessels thoroughly every year, no expense
boing spared to have everything right.
This had been the unvarying practice OF
the company for years. When the vessel
was inspected for this last tiue In the
spring of 1899, it was actually stronger
and better vessel than when launched.
As to the officers and crew 1t could be
said of Ca plain Blanchard that he was
1nun of Judgment, sagacity, GOODNESS ana
unusual capacity as captain of steam
boat. He was the Oldest surviving captain
Of the company at the time. The num-
Der of the crew, about sixty in all, shows
that no picayunish policy was pursued In
the management of the line.
Coming down to the day of sailing 1t
was shown that the company's policy was
to give its captains the most thorough in
formation, as 10 the state of the weather.
For many years the weather at Portland,
Boston and New York had been taken
priv ately at the expense of the company,
and this was not confined to one afternoon
telegram, for the captains had authority
to telegraph as often as they deemed IT
necessary in order to get full information.
To establish responsibility against the
company it was necessary to show the
privity and knowledge of the managing
officers. In this case the general manager
OF the company called up the Boston
Office to state that the captain of the beat
then in Portland had decided to wait
for the O'Clock weather, and suggesting
that the captain in Boston do likewise.
1t was also suggested that the two cap
tains consult, which they did.
The Western Union kilograms from New
York indicated that the wind was hauling
around to the northward, as Captain
Blanchard expected 1t to do. Without
undertaking the important work of the
Weather Bureau, it was yet true its FORE
casts were not suitable to govern wholly
the sailing of vessels. Many of the storms
which they forecast do not reach this
coast And storms come which are not