nal to be given by a steamer under way, the only requirement being that a steam-vessel under way shall sound a steam-whistle at intervals of not more than one minute. The rules of 1885 are more comprehensive and specific in their requirements both of steam and sailing-vessels, and are in most respects an improvement upon the old rules. The alterations are mainly such as experience showed to be necessary to reduce the liability of collision to the minimum. The rule of 1885 requires a steamer under way to give a prolonged blast of her steam-whistle, or other appliance for giving signals, at intervals of not more than two minutes. The 1890 rule is the same as that of 1885. The objection that has been found to this rule is that it is liable to be mistaken for a passing signal, although passing signals in fog, or when vessels are not in sight of each other, are not permitted; yet in practice it has been found that the desire to make time is often too strong a temptation for navigators, and that passing signals are relied on often when there is not the absolute certainty of position that sight affords. To remedy this seeming defect, the rules for the government of the navigation of the Great Lakes provide that a signal of three distinct blasts of the whistle shall be given when navigating in thick weather. 1 For sailing-vessels substantially the same signals are provided by the rules of 1885 that are by those of 1890, except that in the latter the time is reduced from two minutes between blasts of the fog-horn to one minute. Sound signals used in foggy or thick weather, to comply with the statute, should be clear and full; and where a vessel runs through a dense fog with her whistle or fog-horn operating so feebly and imperfectly that it gives no notice of her position, it is a fault for which liability will follow in case of collision arising from such defective signals. The Parthian, 55 Fed. R. 426; The City of New York, 147 U. S. 72, 84; The Bolivia, 49 Fed. R. 169; The Nacooche, 137 U. S. 330, 338. 2 Rule 14. 3 The Luray, 24 Fed. R. 751. A sailing-vessel using a fog-horn sounded by the breath, instead of Sec. 44. Rate of speed in fog, mist or thick weather.The international rule for 1890' provides that "every person shall, in a fog, mist, falling snow or heavy rain-storms, go at a moderate speed, having careful regard to the existing circumstances and conditions. "A steam-vessel hearing, apparently forward of her beam, the fog signal of a vessel, the position of which is not ascertained, shall, so far as the circumstances of the case admit, stop her engines and then navigate with caution until danger of collision is over." The international rule of 1885 on the subject is as follows: Every ship, whether a sailing-ship or a steamship, shall, in a fog, mist or falling snow, go at a moderate speed.” The rules for the navigation of the Great Lakes provide that every vessel shall in thick weather, by reason of fog, mist, falling snow, heavy rain-storms or other causes, go at moderate speed. A steam-vessel hearing, apparently, not more than four points from right ahead, the fog-signal of another vessel, shall at once reduce her speed to bare steerage-way, one sounded by mechanical means, as required by article 12 of the sailing rules of 1885, is guilty of negligence. The Catalonia, 43 Fed. R. 396. A sailing-vessel will not be permitted to substitute for the foghorn provided by statute, an instrument blown by steam, which, in the opinion of the owner, is more effective than the horn prescribed by the sailing regulations. The Parathon, 55 Fed. R. 427; The Trave, 55 Fed. R. 426. A ferry-boat had made its way across the Hudson river, and was inside the dock lines maneuvering to land alongside its dock. It ceased using its fog signals when within the dock lines, and collided with another vessel. Held, that the ferry-boat was not bound to continue its fog signals within the dock limits. The Princeton, 61 Fed. R. 116. A sailing-vessel is bound to have and use in a fog mechanical means for sounding her fog-horn. The Wyanoke, 40 Fed. R. 702; Adams v. The Bolivia, 43 Fed. R. 173. When a fog was such that a steamer used her fog-whistle and a sailing-vessel her fog-horn, held, that the latter's blowing three foghorns continuously from the time the steamer was seen, was a sufficient observance of the former English rule as a signal to an overtaking steamer. The State of Alabama, 17 Fed. R. 847. 126 U. S. Stat. at L. 320, art. 16; The City of Guatemala, 7 Ben. 521. 223 U. S. Stat. at L. 441, art. 13. and navigate with caution until the vessels shall have passed each other." 1 The moderate rate of speed required by the rules must depend upon the circumstances of the case. What might be considered as moderate speed in unfrequented waters might be immoderate in a situation where the presence of other vessels might reasonably be expected.2 Ordinarily moderate speed is such a rate as will give sufficient steerage-way, so that a vessel can be readily controlled and stopped within such distance as other vessels can be seen or heard, taking into consideration the fact that both vessels are approaching. No specific rate of speed has ever been established by which to determine the lawful rate permissible in a fog. It would be difficult, if not impossible, to establish a fixed rate of speed for all vessels and on all occasions, beyond which it would be negligence to go. What would be immoderate speed for one vessel might not be immoderate for another of different construction, having different appliances for its propulsion and control. The term "moderate speed" has reference to all the circumstances affecting the ability of a vessel to keep out of the way of others, to be quickly checked, stopped and reversed in motion. A greater rate of speed would be tolerated in a ship provided with powerful engines, by which her speed can be more quickly reduced, than would be the case with a vessel of less powerful machinery and appliances less effective in her control. The courts, however, hold that no steamer's speed is moderate, in the sense of the rule, so long as she is going at her ordinary full speed. A ship is required to 1 Rules for the navigation of the Great Lakes, approved February 8, 1895. Page 72. 2 The James Adger, 3 Blatch. 515; The City of New York, 35 Fed. R. 604; The Leland, 19 Fed. R. 771; The Milwaukee, 2 Biss. 509; The Britannic, 39 Fed. R. 395; The Martello, 34 Fed. R. 71; The City of Alexandria, 31 Fed. R. 427; The 3 The City of Paris, 9 Wall. 634; McReady v. Goldsmith, 18 How. 89; The Louisiana, 2 Ben. 371; The Free State, 91 U. S. 200; The Bolivia, 49 Fed. R. 169. moderate her speed according to the density of the fog or obscured condition of the atmosphere, and the increased difficulty of discovering danger; and she is bound to adopt timely means to avoid it.' The rule adopted by some maritime courts is, that a steamship should always be under such control that it can be stopped, and its direction of speed reversed, within the distance at which an approaching vessel can be seen. It would seem that the better rule requires an account to be taken of the speed of the approaching vessel. It might be possible to stop the speed of a vessel within the distance at which a ship is first discovered, were it at rest, but be utterly impossible to stop way within that distance, as reduced by the forward movements of both vessels. The practice of running a steamship at full speed during a fog, upon the theory that the time of exposure is thereby lessened, and in case of collision the chances of injury to it thereby lessened, is a dangerous practice and one that the law will not permit, and it cannot be too severely condemned. Keeping a powerful steamer at full speed through an obscured atmosphere is negligence per se. The law imposes upon every vessel the duty of slackening her speed according to the density of the fog and the difficulty of clear vision, even to the lowest point consistent with maintaining steerage-way. There is no absolute rule that a vessel shall lay to during a fog. Usually a steamship is better able to avoid collision when under steerage-way than if at rest. Her duty in this particular, in all cases, is a question of prudence under all the circumstances. The criterion of moderate speed in 4 1The State of Alabama, 17 Fed. R. 847; The Pottsville, 24 Fed. R. 655. 2 The Saale, 63 Fed. R. 478; McCabe v. Old Dominion Steamship Co., 31 Fed. R. 234, 237; The Bolivia, 49 Fed. R. 169. 3 Clare v. P. & S. S. Co., 20 Fed. R. 535; Cunard Steamship Co. v. Fabre, 53 Fed. R. 288; The Pennsylvania, 4 Ben. 257; 19 Wall. 125. Hoffman v. Union Ferry Co., 68 N. Y. 385; The Joseph W. Gould, 19 Fed. R. 787; The Morning Light, 2 Wall. 550. all cases is the ability of the ship to stop immediately in the presence of danger.1 Every vessel navigating in a fog has the right to presume that every other vessel aproaching will give the regulation notice of her situation, and she may base her own conduct upon the presumption that the approaching vessel will comply with the requirements of the law." 1 The Leland, 19 Fed. R. 771; The Allianca, 39 Fed. R. 476. In the case of The City of New York, 147 U. S. 72, it was held that there is no such certainty of the position of a horn sounded in a fog as will justify a steamer in assuming that by a change of course on its part it will avoid the approaching vessel, without taking the further precaution of slowing down until the location of the vessel is absolute. A steamer was held guilty of negligence for continuing at nearly full speed in a fog, although the fog came up suddenly and the collision occurred within two or three minutes after entering the fog bank; it not appearing that the fog came up so suddenly that by prompt orders the speed of the ship might not have been reduced. The Trave, 55 Fed. R. 117. Excessive speed-Seventeen miles per hour.-Running a steamer of one thousand five hundred tons burden on a dark night at the rate of seventeen miles per hour along a track frequented by vessels, when it is impossible to discover an approaching vessel in time to avoid colliding, is excessive speed. The Northern Indiana, 3 Blatch. 92; McReady v. Goldsmith, 18 How. 89; The Flyer, 62 Fed. R. 615. Sixteen miles per hour held excessive.-The Iberia, 40 Fed. R. 893. Fifteen miles per hour held immoderate.-Fifteen miles per hour in a dense fog is not that moderate speed required by the statute, when, by running at a reduced rate, the collision might have been avoided. The Rhode Island, 17 Fed. R. 554; The Iberia, 40 Fed. R. 893; The Trave, 55 Fed. R. 118; The Britannic, 39 Fed. R. 395; The Law 2 Kennedy v. The Sarmatian, 2 rence, 54 Fed. R. 542; The Saale, 59 Fed. R. 911. A steamship failing to reduce her speed when going through a fog in one of the main lines of ocean travel to such rate as will admit of her being stopped within the distance at which she can discover another vessel is guilty of a fault that will render her liable for damages resulting therefrom. Adams v. The Bolivia, 49 Fed. R. 169. Fed. R. 716. Twelve knots an hour is excessive speed when maintained by a vessel in a dense fog, in the presence of an approaching vessel. The Parthian, 55 Fed. R. 426. Eleven knots an hour immoderate.- When the fog is so thick that a vessel can be but dimly seen at a quarter of a mile, eleven miles an hour was held to be immoderate |