New-York tribune., 1912-04-21
# Negligence on Part of. White Star Line Can
!. Be Determined, Admiralty Lawyer Says,
1t Must Pay for Loss Of Hundreds Of Lives.
lsMAY'S PRESENCE A BIG FACTOR
Makes 1t Possible to Urge That Captain Smiths Action IN
Driving Titanic Ahead at High Speed Was Within
Managing Directors knowledge, Thus Appar-
emily Refuting Limitation Of Liability Plea.


The presence Isnnay struck
iceberg Sunday night resulting appalling marine dsaste OF
will lead important complications appears when the q
cargo arises his life has been
spared admiralty after the government IN
veytgaions and in England have done with him.
question negligence the White Line can be determined
respect Titanic and fifteen hundred lives that company
International Mercantile Marine Company which owns IT, ahos " @
well into the millions the opinion OF eading
javers of No which admiralty business
with important English discussed the question of liability arising
length yesterday Mr. Harrington has Just
enshe1 conducting limitation of liability proceedings brought
which sank the Virginia Cape with
her cargo half million He expressed keen interest there
Tor. IN the problem now before White Line officials.
II NEGLIGENT WHITE STAR LINE MUST PAY
gA the passengers injured the collision well the estates
damages from the White Star Line o nc
from the reports papers that the accident due to negligence
said day the collision the Titanic received wireless messages
s;no of of the
giving the position miles in extent within very
few miles the point collision subsequently occurred
Ir the light would be question that
WAS negligence of the Titanic proceed ahead
M high rate of speed of wenty-odd nh though the
- a. the ~ was as clear it said cir
cs question arises what extent the White Star Line liable
r tbc damages resulting what jurisdiction
nroeedings be brough claimants be
brought service of process the resident ohaS na
attachment property the ne including the various vessels that come
this port provisions Lord Campbes act which part OF
England be had in the courts OF this
at is assumed limitation of liability proceedings VIII
England the United States they are instituted IN
White Star liability for the accident and pay into
tered ton the of injury claims and as per
registered claims for damages ETC.
WOULD HAVE LESS INTO COURTS HERE
Titanic the amount to
deposited by Line connection with limitation proceedings
England exceed the amount which would be necessary pay @
the proceedings were instituted mere ohae m
American liability 1851 provided that when the loss
limited TO the value of the this instance npus
pending eght and all passage money! the
would probably be over quarter OF million
m 1881 the Supreme the United States decided in The Scotland
QOs page that the act of March 1851 ch 49, reproduced the
Iied o
domestic vessels the high well as in the waters
o United States.
,.y from the pont of view will undoubtedly
s.d chat in N. light of his of
dangerous ice fields the negligence Smith proceeding speed
exceeding twenty nhl fault within Mr. isys knowledge
in that used both the Enghh ana the american
Undoubtedly the knowledge the corporation
the knowledge of the corporation should be found this instance
that the negligence in the respects indicated is
the limitation can be had in light the managing o
knowledge.
1sMAYs PRESENCE MAY AID CARGO OWNERS.
But Mr. Iays presence respect to the limitation
liability suggests that the cargo owners or tneir
the amount or
~ s n case Of this character no recovery by cargo
because Har provides substance
that the owners diligence making her in
shall not be liable " cargo Tor any damage caused
an errcr in the management navigation of the vessel
ut important to distinction between the act OF 1851 relating
@ all ;rts and simply provides eab
certain amount The darter act Is limited strictly
relations and its cargo and provides in instances
covered by the act diligence has been exercised by the owners
navigation or management as distn
ghed etc. there snail no haDy at al on the
OF the
DIFFICULT FOR LINE TO PROVE DILIGENCE
present however will undoubtedly be onnded that the
Captain Smith by the ofeers OF the ne
.s, , he should possible coupled with
Mr. nay on board the elimination OF the Harter from
oon,+r 7, will certainly b. extremely the
that exerted required by the @ when
disaster excessive speed after the
danger o . ahead was fully that is
line represented on ooafa oy Mr. Isy
had not been might have been onded that the orders
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