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Nor are slight fluctua

sary is not a change of course.33
tions in the general course of the sailing vessel.3

A vessel which has the right of way under any of these rules is usually designated the "privileged vessel." But keeping the course is an obligation as well as a privilege; and such vessel cannot change her course on a mere apprehension of danger.35

The corresponding Mississippi Valley Rule is rule 23 (Rev. St. § 4233), which says that the privileged vessel must keep her course, and says nothing as to speed. It is likely, however, that the courts will hold it to mean substantially what the others mean. In fact, under the strong intimation of the Supreme Court in the BRITANNIA, supra, it certainly means that she must keep some speed, even if it does not mean that she must keep her previous speed.&

CROSSING AHEAD

133. The burdened vessel must avoid crossing ahead of the other, if practicable.

Rule 22 requires every vessel which is directed to keep out of the way to avoid crossing ahead, if circumstances admit. This was long a practice of seamen, "Never cross the bow when you can go astern," but was for the first time made a rule in the rules of 1890. The Inland Rules have the same provision, but not the Lake Rules or Mississippi Valley Rules.37

83 Empire State, 1 Ben. 57, Fed. Cas. No. 17,586; Coe F. Young, 49 Fed. 167, 1 C. C. A. 219.

84 Emily B. Maxwell, 96 Fed. 999, 37 C. C. A. 658; Columbian, 100 Fed. 991, 41 C. C. A. 150.

85 General U. S. Grant, 6 Ben. 465, Fed. Cas. No. 5,320; Europa (D. C.) 116 Fed. 696.

36 Delaware, 161 U. S. 459, 16 Sup. Ct. 516, 40 L. Ed. 771.

87 As illustrations of this rule, see Zouave, 98 Fed. 747, 39 C. C. A. 258; Excelsior (D. C.) 102 Fed. 652; Robert Graham Dun, 107 Fed.

THE STOP AND BACK RULE

134. The burdened steamer must slacken, stop, or reverse, if necessary, to avoid collision.

Article 23 provides that every steam vessel which is directed by those rules to keep out of the way of another vessel, shall, on approaching her, if necessary, slacken her speed, or stop or reverse.

This rule is radically changed from its old form. Until the revision of 1890, it required every steam vessel, when approaching another vessel so as to involve risk of collision, whether the other had the right of way or not, to resort to these maneuvers. The courts, however, had settled that this was not necessary as long as the vessels were moving on such courses that, if each one did his duty, as could be assumed by each, no collision would happen. These authorities have been cited in another connection. The present rules require this maneuver only of the burdened vessel, and require the privileged vessel not only to keep her course, but her speed as well.

The Mississippi Valley Rules still have the rule in its old form, applying to all steamers, and not simply those required to keep out of the way. This great change in the rule renders it necessary to be circumspect in citing cases arising before the change, as many vessels might have been obliged to stop and back then which would not be required to do so now. A privileged vessel, which stops and backs .now, unless at the last moment as a desperate effort to avert certain collision, would commit a fault, instead of obeying the law.38

994, 47 C. C. A. 120; Thomas B. Garland (D. C.) 110 Fed. 687; Ashton, [1905] P. 21.

§ 134. 38 Mary Powell, 92 Fed. 40S, 34 C. C. A. 421.

Under article 28 of the International Rules and Inland Rules, the signal of three short blasts is required to be given as a notification of this action. They mean, "My engines are at full speed astern." In the other rules three blasts do not necessarily mean this.39

The rule has not been carried so far as to require stopping or reversing on the mere approach of two steamers, unless there is a continuous converging of their courses and increasing possibility of collision. If they can clear without difficulty by the use of their helms, that is sufficient.40

But where the best chance of avoiding collision is to keep on, it will not be a fault to do so.*1

And it is not required the moment danger arises. A mariner is not supposed to be a lightning calculator, and is allowed a brief space for reflection.12

The expression "if necessary" does not mean essential, but prudent or expedient, to the mind of a mariner of skill.43 The effect of the screw on the direction of a ship's movement should be thoroughly understood.

The screws of most ships are right-handed; that is, they turn when going forward in the direction of the hands of a clock. The effect of this is a tendency to pull the ship's stern to the right, which swings her bow to the left. Hence, independent of wind, tide, or rudder, a propeller ship moving forward would gradually describe a circle to the left.

When a vessel backs, her screw turns in the contrary direction, and that tends to pull her stern to the left and to throw her bow to the right. Hence reversing, if there is

39 As to the application of this rule, see Oporto, [1897] P. 249; Victory, 168 U. S. 410, 18 Sup. Ct. 149, 42 L. Ed. 519; New York, 175 U. S. 187, 20 Sup. Ct. 67, 44 L. Ed. 126; Mourne, [1901] P. 68. 40 Ante, p. 269; Jesmond, L. R. 4 P. C. 1; Rhondda, 8 A. C. 549. 41 Benares, 9 P. D. 16; Mourne, [1901] P. 68.

42 Emmy Haase, 9 P. D. 81; Ngapoota, [1897] A. C. 391.

43 Ceto, 14 A. C. 670, 689.

not sufficient space to kill her headway, may throw her towards the ship which she is trying to avoid.“

OVERTAKING VESSELS

135. The overtaking steamer must keep out of the way.

Article 24 provides that, notwithstanding anything contained in these rules, any vessel overtaking any other vessel shall keep out of the way of the overtaken vessel.

Under the crossing rule, the test between an overtaking and a crossing vessel has been shown. This rule adopts that test, and makes any vessel more than two points abaft the beam an overtaking vessel, and solves all cases of doubt by treating them as overtaking vessels.

The only signals prescribed by the International Rules for this case are the general ones contained in article 28, one blast meaning that the vessel is directing her course to starboard, and two that she is directing her course to port. But the Inland Rules in article 18, rule 8, prescribe special rules for the case. They require the last vessel to blow one blast if she wishes to pass to the right, and the forward one to answer it; two if she wishes to pass to the left, and the forward one to answer it. If the pilot of the front steamer thinks that they cannot safely pass, he answers the signal of the other steamer by several short blasts, whereupon the second steamer must wait until the forward steamer gives the assenting signal; and the forward steamer must not crowd upon the overtaking one. The Lake Rules and Mississippi Valley Rules have substantially the same provisions on the subject. The overtaking vessel must pass at a sufficient distance to avoid dan

44 For a fuller explanation of this, see Marsden on Collision, 413416; Aurania (D. C.) 29 Fed. 98, 121; Normandie (D. C.) 43 Fed. 151, 159.

ger of suction. She is in fault if collision is caused by her running too close.45

While the overtaken steamer must keep her general course, and the second steamer may so assume, yet if the first has exchanged signals with another boat which she is meeting, and is changing her course to conform thereto, the steamer overtaking her must take note of this change, and regulate her navigation accordingly.48

The overtaking steamer may assume that the first steamer will navigate according to the rule.*"

The overtaking steamer, as she is passing, must not try to cut across in front too quickly. If she does, and renders collision inevitable, the other should back; not by virtue of the stop and back rule, as that does not apply to her, being the privileged vessel, but by virtue of the general prudential rule, or the precaution rule.**

48

On the other hand, the overtaken vessel must keep her course and speed, and must not crowd on the overtaking vessel or hamper her movements.50

If she willfully obstructs the overtaking vessel, she will be held solely in fault, though there may have been some carelessness on the part of the overtaking vessel.51

§ 135. 45 City of Brockton (C. C.) 42 Fed. 928; Ohio, 91 Fed. 547, 33 C. C. A. 667; Queen City (D. C.) 189 Fed. 653; Cambria S. S. Co. v. Pittsburgh S. S. Co., 212 Fed. 674, 129 C. C. A. 210, 51 L. R. A. (N. S.) 966.

46 Whiteash (D. C.) 64 Fed. 893.

47 Long Island R. Co. v. Killien, 67 Fed. 365, 14 C. C. A. 418.

48 Int. art. 27.

49 Int. art. 29; Willkommen (D. C.) 103 Fed. 699.

50 J. G. Gilchrist, 183 Fed. 105, 105 C. C. A. 397; Spencer v. Dalles

P. & A. Navigation Co., 188 Fed. 865, 110 C. C. A. 499; James L. Morgan, 225 Fed. 34, 140 C. C. A. 360.

51 Gaffner v. Pigott, 116 Fed. 486, 54 C. C. A. 641.

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