The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-07-31
MANY TITANIC SUITS
WILL Be BROUGHT HERE
Lawyers Decide After the
British Boards Finding
Is Announced.
lSMAI CLEARED ABROAD
While smith Report May Give
Grounds for Actions
Here.

Many New York lawyers who have
been awaiting the report Of the English
commission Of inquiry into the Titanic
disaster before proceeding with filing
suits for damages against the White
Star Line began to draw up their COM
plants yesterday after the opinion Of
Lord Merscy. as chairman Of the com
mission. was made public.
The report had been awaited by these
attorneys before taking action because
they thought that possibly the report
would contain sweeping findings of
negligence against the steamship line.
Managing Director 1smay and Capt.
Smith. which would give claimants
against the line better cause Of action
in England than In this country. Lord
Mcrsey's opinion disabuscd them Of this
idep. and they will now file suits in this
country and rest upon the findings of
the Congressional inquiry to sustain
their charges Of negligence.
one attorney who has number of
claims upon which he will sue made
this statement concerning Lord Merseys
findings:
"The opinion OF Lord Mersey in whicl,
he clears Managing Director Ismay. as
well as the White star Line. OF any
negligence. will make IL impossible for
full damages To he collected in the
English courts. where | believed I
could sue under Lord Campbe!ls act
and could have collected full dana Ees
If Mr.. lsmay and the line had been
found negligent by the commission.
THE findings of Senator Smiths Con-
gressional inquiry are sufficiently strong
To sustain suits for full damages on the
ground that the loss was with the
'privity or knowledge of the owner.
which under the Harter act entities
the claimant to full damages. My
complaints will merely set forth this
fact. and will include nothing upon
winch rely to sustain my case.
IA a matter Of fact those Of US who
have been looking for a sweeping indict-
ment Of all persons Officially connected
with the Titanic disaster In Lord Mersey's q
report had overlooked one important
point. In our Congressional inquiry asper-
sions were cast upon English maritime
methods and practices and when the case
came before Lord Merseys commission
that body conceived that the question
before il was the efficiency Of the British
merchant marine and not the handling
of this particular ship on the occasion
in question. II was a foregone conclu-
sion that the British commission would
whitewash the line. the captain and the
mana ging director
ITO sustain this argument one has only
to call to mind the report of Lord Mersey
as head of the commission that investi-
gated the Jameson raid in South Africa
In that case the question involved was
the fairness and honesty of the British
naval policy, and the commission applied
whitewash for that reason.
There is no reason why the report of
the Congressional investigation should
not carry more weight with the American
courts than that Of the British commits
sion, since the inquiry here was held i'm
mediately and the employees of the line
who were called as witnesses had no on
portunity to prepare story which would
help along the theory that there was no
negligence on the part of the line with its
'privity or knowledge The English
commission helps the White Star Line
out on its defence to the allegation of
'privity or knowledge by finding that
the act Of Capt. Smith in handing the ice
warning to Managing Director Ismay
had nothing to do with the subsequent
navigation OF the ship"
Other lawyers who discussed the sub
ject said that the findings OF the Con.
gressional inquiry are sufficiently ample
TO sustain the allegation OF "privity or
knowledge" since the finding il that
the managing director. as the persona
tion OF the corporation. knew of the ice
warnings and Of the speed Of the ship.
On the question OF the speed of the Titanic
at the time Of the collision one lawyer
said that the courts OF both this country
and England are agreed az to the rate
OF speed that would establish case Of
negligence. The ruling that has been
adopted was made by the Privy Council
in the case OF the Europa in which the
court used this language:
This may be safely laid down a. q
rule on all occasions. fog or clear. light
or dark. that no steamer has a right to
navigate at such rate that it Ia impos-
sible for her to prevent damage, taking
all precaution at the moment she sees
danger to be- possible; and il she cannot
do that without going less than five knots
an hour. then she ia bound to 20 less
than five knots an hour"
This lawyer said that the courts of
this country will req uire no further proof
to sustain suits for full damages beyond
that relating to the speed OF the vessel
in spite of the fact that the British COM
mission. while finding that Capt. Smith
made "grievous mistake In steaming
through tho ice fields. concludes that he
was not guilty Of negligence.