The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-28

La Paloma put her wheel to starboard,
which caused her to bear directly
down upon the Gladys and threatened
serious consequences: that after the
wheel of La Paloma was changed the
Gladys was brought quickly into the
wind to lessen as much as possible the
effect Of the collision then Inevitable;
that La Paloma being an overtaking
yacht, was bound to keep clear of the
yacht which is being overtaken, and
that in failing to do so La Paloma
violated Sec. 6, Rule 20, of the Rules
of the Hawaii Yacht Club, which reads
as follows: IAN overtaking yacht shall,
in every case, as long as an overlap
exists, keep clear of the yacht which
is being overtaken,'' and the Interna-
tional Rule Of the Road, Article "a,
which reads: Notwithstanding any,
thing contained in these rules, every
vessel sovertaking another shall keep
out of the way of the overtaken ves-
SELL
we are constrained to hold that the
latter view is the correct one, and that
La Paloma fouled the Gladys and con-
sequently became incapable of win
ming the race.
trammeled liberty Of choice whether to
go to windward or to leeward of the
craft being overtaken. If she elect
to go to windward, the obligation is
upon her to go a safe distance to wind
ward, so that when an overlap is
established, If it is at all, it must be
at such distance as would enable both
vessels to continue on straight courses
until the stake is reached without col
Iona did not allow a sufficient margin
Of safety when she decided to attempt
to pass the Gladys to windward. La
Paloma was evidently sagging down or
| the Gladys, of which fact the master
| of La Paloma seemed unconscious
| The foul occurred when the bowsprit
of La Paloma raked the quarter of the
| Gladys before the wheel of La Palorhe
was put down. When the Gladly:
her with her bowsprit stay while tn,
Gladys was still on her course TIL.
evidence of Messrs. Dunn, Dexter ant
! Halstead, irrespective of Hebron,
statement, is conclusive on this point
If La Paloma had luffed when halle,
from the Gladys, no collision woult
have taken place. Having elected t
pass on the windward side of tn
| Gladys, it was the duty of La Palom
to keep so far to windward that a col
lision could not take place. The fail
ure of La Paloma to do this caused tn
| collision.
II the two yachts could have con
tinued on their courses without fouline
in short time the Gladys would hav
been compelled to give way, becaus
she would not have been entitled L
crowd La Paloma against the turnin
stake. We do not think that Sec. !
of Rule 20, is applicable to this case
as Gladys did not huff to prevent l.
Paloma from passing to windward. blu
did so to escape being run down, afte
La Paloma's bowsprit stay had alread
touched Gladys quarter and she ha
put her wheel down, which made
more serious collision all hut inevi
table. Neither do we think Sec. /:
Rule 20, applicable. The moment q
turning had not arrived. The for
TOOK place before either yacht had al
tered her course for the purpose G
rounding. The latter part of Sec. /
shows that this rule applies only t
cases OF actual rounding, after som
move had heen made to make a turr
Inc rule, however, as to the responsi
plllty of an overtaking yacht not t
ride over yacht in front of her is clea
and Is applicable to the case before US
and is decisive of it.
The rules which we consider appli
cable to this case are Sec of Rul
~ of the rules of the club and Articl
"A of the International Rules of tn
Road, both above quoted.
We do think, however that the mas
ter OF La Paloma, when he saw that
collslon had become inevitable, mad
the best possible move in going to lee
ward Any other decision at that tim
would have resulted in a much NOR
serious disaster. The same remarl
applies to the master Of the Gladys fl
lufflng after a collision was inevitable
He followed a course which reduce,
the serious consequences of the disaste
which was upon him.
! Our answer, therefore, to the ques
ton submitted to US is, that on tn
facts and racing rules submitted to u
in the above matter, La Paloma foule
the Gladys and the Gladys did not fou
the La Paloma.
F. M. HATCH.