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A keeps out of the way. He has the weather gauge, about which we read so much in naval warfare before the innovation of steamers.

This rule is based on the fact that the vessel to windward is the more manageable of the two."

(e) A vessel which has the wind aft shall keep out of the way of the other vessel: Thus:

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A keeps out of the way of B. The reason is that she is more manageable.

STEAMERS-THE PORT-HELM RULE

129. Steamers, meeting end on, port their helms, and pass to the right, indicating their intention by one whistle each. But, if they are approaching well on each other's starboard bow, they starboard, and pass to the left, each blowing two whistles.

The use of sail vessels is becoming more restricted every year, and a vast proportion of the world's commerce is now carried in steamers. For this reason, collisions between steamers constitute the bulk of the cases which now find their way into the courts.

7 Nahor (D. C.) 9 Fed. 213.

8 Mary Augusta (D. C.) 55 Fed. 343; Gov. Ames, 187 Fed. 40, 109 C. C. A. 94.

HUGHES, ADM. (2D ED.)-18

Article 18 embodies the first and most important rule of those governing steamers. It says that, when two steam vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other. This is called the "port-helm rule," as it takes a port helm to make a ship move to starboard.

Under article 28, the steamer indicates her intention by blowing one short blast of about one second's duration, which is answered by the other steamer, and thus an understanding is established.

Under the old rules it was a matter of some doubt how near the steamers must be meeting end on in order to bring this rule into play. The present article in the explanatory paragraph following the navigation rule itself expresses the result of the decisions. If they are moving on courses that, if held, would pass clear, then there is no risk of collision, and no rule is necessary. If, however, by day each sees the other's masts in a line with his own, or nearly so, or if by night each sees both side lights of the other, then they are moving right at each other, and each must port, and signify by his one blast that he is porting."

If, on the other hand, it is a case of red light to red light, or green light to green light, the rule does not apply.11

11

The Lake Rule is the same, except that it has no explanatory note as to the cases to which the rule applies. But, as that note is a mere affirmation of the decisions, the courts would probably apply it.

Both the Lake Rules and the Mississippi Valley Rules, as supplemented by the Supervising Inspectors' Regulations, are much influenced by the necessity of allowing for

§ 129. 9 City of Macon, 92 Fed. 207, 34 C. C. A. 302; Rend, In re (D. C.) 126 Fed. 564; Esparta, 160 Fed. 289, 87 C. C. A. 413.

10 Thingvalla, 48 Fed. 764, 1 C. C. A. 87.

11 Manitoba, 122 U. S. 97, 7 Sup. Ct. 1158, 30 L. Ed. 1095; Wrestler (D. C.) 198 Fed. 583.

the effect of the current on ease of navigation. It is a general principle that a boat moving against the current is more manageable than one moving with it, and that the latter should have the greater rights.1

12

The Inland Rules, so far as they apply to steamers, go into much more detail than the International Rules. The one corresponding to the port-helm rule expressly provides that vessels meeting so far on each other's starboard side as not to be considered head and head may give two blasts, and starboard. The port-helm rule may be illustrated thus:

A

B

The starboard-helm rule may be illustrated thus: 13

A

B

The Inland Rules contain other provisions under this article not found in the International Rules. For instance, rule 3, under this article, provides that, if either of two approaching vessels fails to understand the course or inten

12 Galatea, 92 U. S. 439, 23 L. Ed. 727; Jamestown (D. C.) 114 Fed. 593; Lake Shore (D. C.) 201 Fed. 449; Diana, [1894] A. C. 625. 13 James. Bowen, 10 Ren, 430, Fed. Cas. No. 7,192; Ogdensburgh, 5 McLean, 622, Fed. Cas. No. 17,158.

tion of the other, he shall signify it by giving several short and rapid blasts, not less than four, of his steam whistle.14

These are called the "danger signals," and are usually the last despairing wail before the crash. No such provision is contained in the International Rules, though it is a wellestablished practice among mariners. Lake Rule 26 prescribes substantially the same rules as to signaling as the above.

Rule 5 of the Inland Rules, in the same article, requires steamers, before rounding bends in a river or channel where the view is cut off, to blow one long whistle as a warning, and requires the same signal from vessels leaving a dock. In crowded harbors, or much frequented channels of navigation, this is an important precaution, and many cases have arisen under it.15

Rule 8 regulates overtaking vessels. It corresponds to International Rule 24, and will be discussed in that connec

tion.

Rule 9 of the same article provides that the passing signals must only be used by vessels in sight of each other, and able to ascertain each other's course or position. When this is impossible from fog or other cause, then fog signals are used. International Rule 28 also provides that these signals are only to be used by vessels in sight of each other. But Lake Rule 23 requires them to be given "in all weathers," which makes it strikingly different from the other rules.

The language of International article 18 and of the corresponding article, rule 1 of the Inland Rules is quite different.

14 Mahar & Burns (D. C.) 106 Fed. 86; Virginian, 238 Fed. 156, 151 C. C. A. 232.

15 Pekin, [1897] A. C. 532; Gamma (D. C.) (D. C.) 101 Fed. 143; Mourne, [1901] P. 68.

103 Fed. 703; Chicago Winnie, 161 Fed. 101

88 C. C. A. 265; Bouker No. 2, 254 Fed. 579, 166 C. C. A. 137; M. Moran, 254 Fed. 766, 166 C. C. A. 212.

The International Rule requires that each steamer "shall alter her course to starboard," while the Inland Rule only requires each one to "pass on the port side of the other."

Article 28 of the International Rules requires one blast of the whistle when she is "directing her course to starboard"; that is, when she ports.

On the other hand, article 18, rule 1, of the Inland Rules, requires one blast as an indication of the intent of each vessel to "pass on the port side of the other," which may, but does not necessarily, involve porting the helm. Hence the whistles do not mean the same thing in the two sets of rules.16

SAME THE CROSSING RULE

130. Of two crossing steamers, the one having the other on her own starboard side must keep out of the way.

Article 19 covers the case when two steamers are crossing so as to involve risk of collision. In such case the vessel which has the other on her starboard side must keep out of the way.

Vessels are crossing when they show opposite sides to each other, and are so nearly even that one cannot be considered an overtaking vessel.

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A keeps out of the way.

Thus:

B

This is a modification of the port-helm rule, as the vessels ordinarily pass to the right of each other. The cases under this rule have been numerous.17

16 Lisbonense, 53 Fed. 293, 3 C. C. A. 539.

§ 130. 17 Cayuga, 14 Wall. 275, 20 L. Ed. 828; E. A. Packer, 140 U. S. 360, 11 Sup. Ct. 794, 35 L. Ed. 453; BREAKWATER, 155 U. S.

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