In any event, the International and Inland Rules require it to be shown only to overtaking vessels, except as an extra precaution under article 12.35

(10) Anchor Lights (Article 11)

This is an important light in roadsteads and harbors. It is a white light, placed in the rigging so as to be visible all around the horizon for a distance of at least one mile. Vessels under 150 feet long must not carry it over 20 feet above the hull; vessels over that length carry it from 20 to 40 feet above the hull. If the vessel is over 150 feet long, then there must be an extra light astern. It need not necessarily be forward of the foremast, but may be in the forerigging, if the view is unobstructed all around.36 A vessel must show her anchor light if in navigable water, though outside the channel as marked by the buoys.87

SOUND SIGNALS IN OBSCURED WEATHER

121. Distinctive sound signals are prescribed for different vessels as precautions in obscured weather, to be used when the obscuration is such that signals can be heard further than lights can be seen.

The Signals Required

Article 15 regulates these signals in case of obscured weather. Steamers navigating as such give them on their whistle or siren. Sail vessels in motion, or vessels being towed, give them on a fog horn.

34 Algiers (D. C.) 38 Fed. 526. The Oregon case was decided prior to the rules of 1897. Article 12 was added by these rules, and made the exhibition of the flare light optional, not compulsory. Martha E. Wallace (D. C.) 148 Fed. 94.

35 Excelsior (D. C.) 102 Fed. 652; Robert Graham Dun, 107 Fed. 994, 47 C. C. A. 120.

36 Philadelphian, [1900] P. 262.

37 Oliver (D. C.) 22 Fed. 848.

For a long time the horn used on sail vessels was an ordinary tin horn, blown by the breath. But this was too unreliable, and so since the rules of 1885 it has been required to be sounded by "mechanical means." Those now in use are a box containing a bellows worked by a crank. The blast that they give is sufficient to be heard a long distance. So particular are the courts to require its use that, if a mouth horn is used, and a collision occurs, the court will require the offending vessel to show not only that this negligence might not have contributed to the collision, but could not possibly have done so.38

While a vessel is not required to carry a spare mechanical horn, and may use a mouth horn, in case of an accidental breakdown of the other, she is required to exercise reasonable care to keep her mechanical horn in order, and is liable for the use of a mouth horn in case she does not do so."

The Inland Rules and Lake Rules merely require an "efficient fog horn," and do not require it to be sounded "by mechanical means."

The Mississippi Valley Rules do not require a steamer to carry a fog horn, and do not require the fog horn carried by sailing vessels to be sounded by mechanical means.

By the International Rules unincumbered steamers in motion sound one blast every two minutes, by the Inland and Mississippi Valley Rules they sound one blast every minute, and by the Lake Rules three blasts every minute.

By the International, Inland, and Lake Rules sail vessels blow their horns, according to the bearing of the wind, one blast for the starboard tack, two for the port, and three for the wind abaft the beam.

§ 121. 38 MARTELLO, 153 U. S. 64, 14 Sup. Ct. 723, 38 L. Ed. 637; Hercules, 80 Fed. 998, 26 C. C. A. 301.

39 Kenilworth (D. C.) 64 Fed. 890; Niagara, 84 Fed. 902, 28 C. a A. 528; Trave, 68 Fed. 390, 15 C. C. A. 485.

The Weather in Which Signals Required

As to the weather in which those signals should be given, the first law required it in "fog or thick weather." Accordingly, under those rules, it was held that they need not be given in snow storms.40

The International Rules of 1885 extended the requirements of signaling to "fog, mist, or falling snow"; and the present rules extend it to "fog, mist, falling snow, or heavy rain storms," showing a constantly increasing vigilance. The Lake Rules are equally rigid.

A mere haze in the atmosphere could hardly come under the term fog. Perhaps the best definition is given in the MONTICELLO,1 in which Judge Lowell says: “What is a fog, such as the statute intends? Is it every haze, by day or night, of whatever density? To give the statute a reasonable interpretation, we must suppose that its intent is to give to approaching vessels a warning which the fog would otherwise deprive them of. By day there must be fog enough to shut out the view of the sails or hull, or by night of the lights, within the range of the horn, whistle, or bell. It means that a safeguard of practical utility under the circumstances should be provided. If it be entirely plain, under the evidence, that the ordinary signals are sufficient, and more efficacious than the horn could be, the horn will not be required. But a serious doubt upon that point must weigh against the vessel failing to comply with the statute. I do not consider it to be enough to aver and prove that the lights might be seen in time to avoid serious danger; but, where it is evident that the fog signal could not have been so useful as the ordinary signal, it need not

40 Rockaway (C. C.) 25 Fed. 775.

41 1 Low. 184, Fed. Cas. No. 9,739. For application of the rule to other obscurations of the atmosphere than fog, see Merchants' & Miners' Transp. Co. v. Hopkins, 108 Fed. 890, 48 C. C. A. 128; Baltimore Steam Packet Co. v. Coastwise Transp. Co. (D. C.) 139 Fed. 777 (a "Scotch mist"). Virginia (D. C.) 203 Fed. 351.

be used. Thus, if the lights could be plainly and easily made out a mile, and the fog horn could not be heard at a third or a quarter of that distance, I cannot suppose that such a state of the atmosphere would amount to a fog in the sense of the law. It is to guard against some danger which the fog would or might cause, and from which the horn might possibly guard, that it is to be blown."

This, in substance, means that, if the weather is such that the whistles can be heard further than the lights can be seen, the signals should be given. As modern whistles are very powerful, and the side lights are required to show two miles, the logical deduction from this is that, if the mariners cannot see two miles, they should give the additional warning of the signals. In practice this is not done. And yet, when we consider that two vessels, each moving fifteen miles an hour (not a fast rate for modern steamers), are, when two miles apart in distance, only four minutes apart in time, we see that but little time is left for reflection. The distance at which vessels give the passing signals (explained later on) is usually taken as half a mile. At this distance, if each is moving fifteen miles an hour, they are only a minute apart in time.

Vessels at anchor ring every minute (every two minutes by the Lake Rules) a bell for five seconds. Towing vessels, and vessels under way, though not under command, give every two minutes a signal of one long blast, followed by two short ones. It is optional with vessels in tow whether to give this signal or not, but they shall not give any other. Small sailing vessels or boats may give these or not, but must make some good noise.

By the Lake Rules towing steamers give the same signals as free steamers, and the tow must also give signals with her bell. And steamers with rafts give frequent screech or Modoc whistles.

SPEED IN OBSCURED WEATHER

122. In obscured weather vessels must go at a moderate speed, taking all circumstances into consideration.

Article 16 lays down the vital and essential rule for fogs. It provides that every vessel shall go at a moderate speed, having careful regard to the existing circumstances and conditions. This term "moderate speed" is elastic in its meaning, and has been the subject of much judicial discussion. It varies to some extent with the character of the vessel, and to a very great extent with the character of the locality. A speed that is moderate on the high seas out of the usual track of navigation would be highly dangerous in harbors or their approaches. A moderate speed for a steamer would be an immoderate one for a sail vessel. A speed that is moderate when you can see a mile would be excessive when you can see a hundred yards.

It would be impossible to review even a small part of the decisions on this subject. We must content ourselves with elucidating a few general principles.

Requirement of Mcderate Speed Applies Alike to Sail and Steam Vessels

The requirement applies as well to sail vessels as to steamers. In a fog they must not only give their signals properly, but they must shorten sail until their speed is just sufficient for steerage way. As they have no means of stopping and backing, like steamers, it is the more incumbent on them to obey this rule.

42

In the George Bell, which was a collision on the Banks, the fog was such that they could see for 300 yards. The

§ 122. 423 Hughes, 468, Fed. Cas. No. 5,856. Instances of immoderate speed in sailing vessels. Chattahooche, 173 U. S. 540, 19 Sup. Ct. 491, 43 L. Ed. 801; David Crockett (D. C.) 84 Fed. 698; Sif (D. C.) 157 Fed. 454; Oceania Vance, 233 Fed. 77, 147 C. C. A.