The San Francisco call., 1899-04-22
NEW RULING IN
THE HOMER-ALk|
COLLISION CASE
Seattle inspectors Are
Reversed.
BIRMINGHAM IS 0UTSPoKEN
SAYS THE BLAME WAS PLACED
ON THE WRONG MAN.
Suits for Damages Against the Ho-
mer Will Now Be Dropped and
New Ones Against the
Al-Ki Will Follow.

The decision Of Captain John Berming-
ham, United States Inspector of Huns and
Boilers, in the Homer-Al-Ki collision
case was made public on the front yester
day. The document was sent to Seattle,
but as it gives the local nspectors-Cap-
tain w. ]. Bryant, Inspector of Hulls,
and c. c. Cherry, Inspector of Boilers
severe keel-hauling, they have kept the
matter to themselves and no information
may be expected from that source.
The collision took place on the night of
January 20, 1899 After hearing the testi-
mony the local inspectors suspended Cap
tain G.. NJ. lesson of the Homer for thirty
days and exonerated Captain ]. w. Gage
of the AlKi. The case was appealed to
the Supervising Inspector, and after a
careful perusal of the testimony he finds
that lesson was not to blame, and says
further that Captain Gage should have
been suspended for six months.
On the night in question the Homer
| backed out from Schwabacher's wharf at
Seattle The night was clear. and when
600 yards away from the wharf Captain
lesson and the pilot saw a steamer light
about half mile away. This steamer
later proved to be the Al-Ki Between
. y
Pheasant. The Homer blew one whistle,
Captain lesson signifying that he would
go to starboard. This signal was prompt
ly answered from the Al-ki, and the Ho-
mer proceeded to pass inside the Pleas
ant, Captain lesson naturally thinking
| the Al-k would pass on the outside. In
stead of that the Al-Ki rounded the
Pheasant's stern at full speed. As soon
as the Homer caught sight of the Al-Ki
bearing down on her Captain lesson blew
the danger signal and then came the
! e. n lI1on dHl Tpd
from the force of the collision. Captain
Gage testified that he heard the Homers
whistle, but thought it was steamer en-
terng her slip.
After reviewing the evidence Captain
Birmingham goes on to say:
Much of the testimony in this case as
mathematical analysis. During the hear
ing of the case by the lower court the
appellant Captain lesson of the Homer)
was critically examined as to why he did
not keep out of the way or the Al-Ki af
ter she rounded the stern of the Pleas
ant. Strange as II may seem, the master
of the Al-k was not questioned as TO
why he came around close to the Pleas
ants stern in the dead of night at full
/ speed. True, he volunteered the state
ment that he always came from Four
mile Rock in the night at full speed,
heading a southeast course for certain
light on Schwabacher's wharf, where he
lined up at reduced speed for his berth,
which It appears was about 500 yards
away, about four points to the south
ward. But had he further stated to the
court (Which asserted that such was the
common practice of all steamers entering
the harbor of Seattle) that he proposed
hereafter to discontinue such methods Of
| navigation the commercial community
of that region would no doubt have felt
greatly relieved; but as matters now
stand there is some doubt as to his fu-
ture procedure when nearing the water
front of Seattle at night, unless it should
occur to the local board to gently init
mate to him that while such haste to save
minute or two in getting to his wharf
might be agreeable to himself and own
ers, it would be correSpondingly disagree
able to other vessels which might perforce
be navigating those waters at night.
Il quite agree with the board that there
seems to be no reasonable excuse for the
collision but l do not agree with them
that the Homer should have taken the
several miles Of clear water outside the
warship,. which they say she should have
| taken. She chose-and very properly So
the inside course, and II was natural from
the appellants Captain Jesson) point of
view to suppose that the AI-Ki would
have taken the outside, as she had an
swered his signal. Had the Al-Ki been
slowed down at the moment. as she
should have been, especially when she
could not see whence the signal of the
collision, as the Al-ki would then have
approached the Homer at such speed as
to be more readily controlled by her
master.
1T is not true that had the Homer gone
even fifty feet farther ahead or nearer
the dock the Al-I<1 would have cleared
her. The appellant Captain Jesson) could
not be expected at that time to know
just where the Al-Ki was going, as she
had come around the stern of the Pleas
ant showing her green light 1t is quite
/ likely the appellant would have taken the
outside route had he supposed the Al-Ki
was going to take the inside one, but
after she accepted his signal he could not
THE lower court held that the appel
liant Captain Jesson) was by rule of
the rules and regulations governing pi-
of the way of the Al-Ki because the
latter showed her green light on the port
side of the Homer. 1t is not clear to me
how the appellant could have observed
of the Al-Ki, as the Homer had but
little way on her. When the green light
of the Al-M was shown that vessel was
answering her port helm at considerable
speed, which apparently left the appel
liant in doubt as to whether he should
keep out Of her way by backing or going
ahead The fifth provision of rule ap-
plies when vessels are approaching each
other somewhat near on parallel lines on
about a four point course, and not when
vessel exposing her green light to the
starboard side Of the other is swinging
to her port helm close aboard of such
other vessel. The Homer under the cir
cumstances was not In position to OBJ
serve such rule, and, consequently, as it
appears to me, could not avoid the Al-Ki,
which came on at full speed (and blindly
so far as the Homer, was concerned) up
to a moment before the collision.
Therefore 1 hold that the master of
the Al-Ki, ]. w. Gage, was at fault and
should have his license suspended for six
months and not the appellant Hence the
lower court erred in suspending the Ii
cense of the appellant Captain Jesson)
as it did, for thirty days from February
g. 1S99.'
This decision will raise rumpus in
Seattle as the owners of the Al-Ki have
assessed the Homer for damages while
the owners of merchandise in both steam
ers have begun suit to recover the value
of them from the Homer's owners. All
these suits will how have TO be dismissed
and new ones begun against the owners
of the Al-Ki The owners of the latter
vessel have no appeal but the Seattle
local inspectors can carry the matter
before the Board of Supervising inspect
nrs at It's next meeting. and this Will