Year: 1876

steam aud they meeting end on, nearly end on.
so ~ TO involve risk Of collision, the requirement IN
that event being that the helms OF both shall be
put TO port, 80 that each may pass on the port
aide OF the ohor as Statutes at Large, 6O). Steam
ships meeting snt on. or nearly end on, should
seasonaoy adopt the required precaution and neither
can be excused from responsibility IN case OF omission,
merely uIon the ground that II the duty OF the
other 10 have adopted the corresponding precauton at
.he saline tline, II J. APPEARS ,ha' he party se.ns up
ment with the other party and 1t might have pro-
vented the disaster imperative obligation Is imposed
upon each TO comply with the rule OF navigation nor
viii the neglect OF excuse the other in <case
where each might have prevented the disaster, as the


law requires both 10 adopt necessary precauton
II practicable, to prevent collision, and vi. not tolerate
any attempt OF either In such an emergency, to ap-
portion required prccauIon avoid the impsnd-


ing danger in case where both or either might secure
perfect safety to both ships and all in,rused with
Their control and management Two sieamboais-to
viii the sieamiug Fairfield and the ferryboai America
on the 18Th OF December 1856 colided In East River.
In the harbor Of New York, ana 1t appears by the
transcript that the owners OF the former In
stituted the present In the District Court
oil The United States against The ierryboat 10 recover
damages Tor injuries sustained by the steamtug the
occasion, whereby it is alleged that she was damaged
TO such an extent that she soon sunk and became u
total loss Service was made aud the owners OF the
ferryboat ap, cared and fled an answer Testimony
was taken both SIDES aud the Dstrc, Court having
heard tho parties, entered a decree dismissng the


libel and tho appellants appealed TO tho Circuit Court
Hearing again had in the Circuit Court and the
Circuit Court reversed the decree OF the District Court
and entered decretal OF the libellants
and referred Ihe TO master TO estimate the
damagsx Subsequently the master made u report, TO
which the respondents ed exceptions, but the Circuit
Court overruled the exceptions and entered final
decree in favor OF the libelian,s for the sum OF
s123 15 with the costs OF both courts, IRON which
decree the respondents appea ed TO this Court. Su-
Client appears To show that the steamtug was proceed
ing down East River, having come from the Navy
Yard, and that she was bound on trip round the
Battery into the North River; that the other steamer
was iefryboat, belonging 10 the Fulton Terry, and
W ~as @ akus one her rssaar ps om m hef sp
TO her slip at the foot Of Fulton street, in the
city OF Brooklyn Theories widely different aud IT.
roconclaby inconsistent maintained by the rcspsc
tive parties but IL may afford some aid in reacning the
true solution OF the controversy to reproduce those
theories before advertng to the evidence by which
each OF the parties attempts to show that the other
responsible for the disaster Both parties agree that
the tide ebb and the libellants alege that the
steamtug, in proceeding on her intended trip, WAS
heating down The nearly in the middle OF the
same when the ferry boat lett her slip on the New YORK
81 for the purpose OF transporting her passengers to
her slip the Brooklyn sidc that the two vessels
advanced toward each other she (the steamtng) blew
her whistle TO indicate that she intended TO go the
right aud thai she ported her helm at the time,
evidcncng that intention that the terrybo paid
attention 10 the signal gwen by the seamtug but
continued her course up the river and toward the YES
sci of the lbelianis and that the steamtug finding
that the ferryboat was rapidly approaching without
chang ng her and that collision would prob
ably ensue II she he steamtug) pursued her course,
runz her bell TO slow. stop aud back, and the
hbellans aver that tho orders were promptly obeyed
and that the headway Of their vessel was nearly or
quite stopped; and they charge that it was not until
their vessel In that condition that the erryboat
blew two whistles to Indicate that it her intention
the left; and they the elect that
was then too lat. TO avoid COLLISION for two reasons
FIRST because the vessels too close together and
second because the power Of tho stcamtug 10 move
forward stopped that the s,eamtug under the cir
cumsances. could not DO anything except TO continue
to back her onge and the allegation Is that the ferry.
boat kept NJ iuil speed striking the steamug ON
Ecrport bow, crushing in her planks and timbers to
such extent that she sank in few minutes On
these facts and upon the conflicting evidence tho Court
adJudge ooth parties 70 20 al iaut ana dvldc Inc dam
OF the Dtrct Court was for the respondents and
that OF the Circuit tor thu libelants.


Mr. Justice Clifford delivered the opinion.


MUNICIPAL OBSERVATION-DISCLOSURES PowgRs FUNc


rIoNs-cARH THE NEUTRALITY-SUSPICIOUS. FOR


THEIR AGENTS.


No. 147 William Barnes, plaintiff In error, VS. The
District OF Coumba-In to the Supreme Court Of
the District Of Columbia This Is an action to recover
damages for personal injury received by the plaintiff
the 14h OF October 1871 in consequence OF the de-
fectve condition of one OF the streets Of the city Of
Washington. The accident occurred on street, eas
and arose from the construction Of the Baltimore and
Potomac Railroad thI ough that street The road
bull. by permission OF the corporation, and authority
was given the change the grade of tho
according to plan fled In making this change
deep pit excavation was made into which the pain
tiT fell The injury TO the plaintiff, tho defective
condition Of the street, and the negligence of
those having il in charge. are not before u.s.
These questions were submitted to the jury,
and the jury have found the issue upon each Of them





which they awarded to the paiEtf the sum OF So 500
damages besides his costs and the judgment thereon
aside by the General Term OF the district and
judgment ordered in favor Of the defendant From
this judgment the present writ OF error was brought
The municipal corporation "the District OF Columbia"
organized under the Of Congress or February
81 1871 6 Statutes at Large, 49 The hrst section Of
the act creates municipal corporation by tue name OF
the District Of Columbia, with power to sue, be sued,
contract have SEAL and "exerclse all other powers OF


municipal corporation not inconsistent with the laws
the constitution OF the United states and the pro-
visions of this act" BY section Two the executive
power is vested in governor to be appointed by the
President with the consent OF the Senate, and to
hold his once for four years Bills passed by
the Council and House OF Delegates were
thu district is ALSO urovdcd for wSoss
duties are specified The legislative power In the
district is vested in TWO bodies council and house Of
1t declared the eighteenth section should cx-
tend all rghtful subjects Of legislation within said
district, Consistent with the constitution OF the United
States and the provisions of this act" II Is enacted
that the President with the consent OF tho Senate
snail appoint board OF nea.n consisting Of hvs
the Governor and secretary are prescribed and are 10
be paid 'at the Treasury Of the United States" The
salaries OF the members OF the legislative assembly are
prescribed but IL is not declared whore how, by
whom, they shall bs paid, unless they are included
the general terms Of section 49, BY the thirty ninth
section it is provided that there shall be '.board of
public works, TO consist OF the Governor and four
other person. TO be appointed by the President with
entire control OF and make all regulations
which they shall deem necessary Tor keeping in re-





city, and all other works which may be intrusted to
their charge BY the legislative assembly or Congress
They also required disburse the money collected
for such purposes, and TO make an annual report OF
their proceedings 10 the legislative assembly and to
furnish duplicate OF the same TO the Governor The
charters OF the cities OF Washington and Georgetown
declared to be repealed except that they con
tinued In force for certain specified purposes not ne
cessary to be here considered The statute creating
this corpora In It's first section declares TO bo
body corporate not only with power to contract to
and be sued and to have SEAL but also that It Is
body corporate for municipal purposes, and that It
shall exercise all other powers OF \ municipal cor
poration not inconsistent with the constitution and
laws of tho United States and tho provisions OF this
act (16 Stat at large, p 41Sl municipal corporation
exercise oil all its duties, including those most
strictly local or internal, but a department Of tho
State The Legislature may give It all the powers such
a being Is capable Of receiving, making IT miniature
State within its locality; again. 1t may strip Of every
power, leaving II corporation In name only, and II
may create aud rccreAte these changes often II
chooses, or IL may itself exercise directly within the