The Pacific commercial advertiser., 1900-12-21

the port of Honolulu, and the evidence
seems to be clear that she was sailing /
that course and did not deviate there
fiom at the time of the collision, but |
that she kept her course, as is required |
by Article % Of the Sailing Regulations,
Penal Laws of Hawaii (1s9O $50; Art.
II OF Sailing Regulations of the United |
States. vol. 2s: Statutes OF u. S. page
32l
Ii may be observed that one of the
points most strongly relied upon by |
the libeliees to fix the responsibility for
the collision upon the officers and crew |
of the William Carson was that the |
ship Carson did not have her lights set !,
according To law. because they Were
not placed upon the ship where they
CO uid be seen by the Claudine in time
TO avoid the. collision; when the fact is.
the second mate OF the Claudine admits
NJ saw her light long time before the
collision, but that IL was not the regu-
lation light.
The legal lights of a sailing vessel as
provided by Article 2 Of the Regulations
Tor Preventing Collisions at Sea, ap-
proved August 10. 1890 (Statutes of u.
;. vol. rs. page 800. ct seq. and art. OF
the Sailing Regulations, Penal Laws of
ing:
"A green light, on the starboard side
50 constructed as to show an unbroken
light over an arc of the horizon of ten
points pf the compass, so fixed as to
throw the light from right ahead two
points abaft the beam. on the starboard
side, and Of such character as to be
visible at a distance of two miles.
/ "On the port side red light so con-
structed as to show an unbroken light
over an arc of the horizon of ten points
of the compass, so fixed as to throw the
light from right ahead to two points
aoaft the beam on the port side and of
such a character as to be visisble at a
distance of at least two miles.
THAT the said green and red lights
shall be fitted within board screens pro-
ltecting at least three feet forward from
the light so as to prevent these lights
from being seen across the bow
Did the William Carson have the
lights placed in the manner provided
flor by the Regulations?
Captain Piltz, master of the Carson.
Testified that the red and green lights
Ion his ship were $50 placed that they
could be seen from right ahead two
points aft the beam; that they were
thirteen feet above the main deck and
could be seen two miles away, and were
burning on the night Of the collision; !;
that they were fastened to the spanker
rigging. onto the shrouds and the
screens were fastened on to the
lshrouds;" and further testified that 1--WE
lcarried no other lights" n
The C1audine saw a light on the Car
son in time to stop, slow down or
lchange her course. but she did neither.
and she cannot now excuse herself by
saying that the light was the wrong
kind Of a light. The clear preponder-
lance of the evidence is that II was a
lgreen light that was seen by the second
innate OF the Claudine. because no other
light was in view on the starboard side
lof the Carson.
An examination of the testimony of
lthe officers Of the William Carson shows
that there was little doubt as to the
kind of lights on the Carson that night
Ior that they were properly burning at
the time of the collision. F. A. Nelson,
the second mate. testified that the
lights of the William Carson We're
"first-class lights and were burning
brightly"
In the mind OF the Court there is no
lquestion but what the starboard green
light of the ship William Carson was
burning all of the time that the C1aud-
inc was in sight of her: but the issue Is
made as TO whether this light was OBJ
F. scured by reason of the rnizzen boon
: and mizzen sail extending over the
starboard side Of the ship.
Captain Piltz of the Carson testified
that eve had the mizzen boom abou
half way out towards the side of tn,
= : ship; we did not have tn
!. boom at any time out TO the rail, be
cause II would not have been safe
is s the gan would have swung ou
. too far and would have broken tn
y jaws. i never sail with tn
:. boom further out than the rail.
y The sheet and sheet ropes were so Gu
T. that the boom could not run over tn
rails. l cut the rope so that
could not go further II / ha
- wanted To pull the boom over the ra
" W could not have done so with thos
~ ~ sheets. The boom never was over tn
=, rail while was on board"
- But the Court holds that the cles
"a weight Of the testimony is that tn
~ mizzen boom of the Carson did n,
reach over the side of the ship and d
A. not obscure the starboard light of Il
a Carson.
n The fact Is apparent that the secor
mate of the Claudine did not know
a duty.
er When the mate of the CIaudine sa
=. the green light of the Carson, CAPITA
- lweisbarth must have known that
~ was crossing the bow OF a ship in m
- tion. which is in direct violation
n law (The Excelsior. 1O2 Fed. Rep. 65:
20 The fact seems evident that the ca
s tain and the second mate Of the Clau
VI Inc were both confused: neither kne
h. what he was doing OF apparently ju
"' what to do under the circumstances.
on When Mcneil. the second officer
the Claudine. saw the light about viii
los he testified. instead of giving orders
en- do any OF these things. or to take a.
IL measures or precautions which we
-e- necessary to avoid a collision he /,
ne his post of duty twice, ran downsta
n first to find the other quartermast
he and second to find the captain, renal
,er ing two minutes in the first instan
nd as testified to by him, and a minute
TO the second occasion.
No lookout was kept on the Claudil
9TH This was objectionable negligence,
OIL which there can be no excuse; and
rk- reason of which omission to keep [
ar proper lookout aside from other r,
nd sons. the Claudine and its owners, U
inc der the circumstances of this case, mi
by be held responsible for the collision
The testimony Of Captain Merry,
zen old and experienced officer, who
to been in the marine merchant serv
Ill before entering the Navy. was to
effect that there could be
Ing Imaginable reason that would wars
ger the officer OF the deck leaving his DC
ner In conclusion the Court holds that
ulu William Carson was sailing a sou
ort. west course. and all the time show
son her starboard side to the Claudine; Il
the her lights were properly construc
ee- land placed and were not obscured so
es- to be invisible to the Claudine but Il