The PRESIDENT. Does the Chair understand that the delegate from Norway made a motion before he took his seat?

Mr. FLOOD (Norway). Mr. President, I did not make any motion. I only took the liberty to answer a remark made about sailing by the wind. That hurt my feelings, as a practical man, a little, because I know it is never attempted.

The PRESIDENT. Is the Conference ready for the question on the adjournment until to-morrow morning at 11 o'clock?

The Conference thereupon adjourned until Wednesday, December 4, 1889, at 11 o'clock a. m.

WASHINGTON, Wednesday, December 4, 1889, 11 o'clock a. m.

The Conference was called to order at 11 o'clock a. m., Rear-Admiral Franklin in the chair.

The PRESIDENT. The first business in order this morning is the amendment of the delegate from France to paragraph g. Paragraph g will be read and then the amendment of the delegate from France. Paragraph g is as follows:

"(g) A steam-vessel when towing shall, and the vessel towed may, if necessary, at intervals of not more than two minutes, sound on the whistle or siren three blasts in succession; viz., one prolonged blast followed by two short blasts."

The amendment proposed by the delegate from France is:

To restore the words in the first line: "A sailing vessel."

Admiral NARES (Great Britain). Mr. President, I am sorry that one or two of the delegates who spoke yesterday and took a very decided position in regard to this matter are not yet present, because I have a few words to say on this matter, on the part of the Committee on SoundSignals, which I very earnestly wish to place before them before the vote is taken. I hope the Conference, after our very long discussion of yesterday, upon this question, will not think I am guilty of stubbornness in saying a few more words and in pointing out why the committee should stand by their guns. We are confident that all the members of the Conference are quite prepared to listen and to study any rule, and to consider any good argument on either one side or the other side of the question before us.

May I say, sir, that I think that yesterday one of the mótions was put which was practically in agreement with that now before us as proposed by the gallant delegate from France, but it was put in such a way that I am afraid a number of the delegates did not quite understand the position which they were taking. In fact one, if not more, of the delegates told us at once that there had been a mistake. After that mistake was made, it was generally understood that the same vote would be repeated; but it was not repeated, and it has only now come before us. The nations were not called on that question. I believe that if the members had been called the proposition of the committee would have been then and there carried. However, it is no use to cry over spilled milk, and this morning we start afresh. We have now

an unmistakable proposition before us. The Conference has decided that a steam-vessel towing shall have a decided signal. They are asked now to say that a sailing vessel towing shall have a decided signal.

Now, as a side-wind, I would say a few words, although it is not on the precise vote which we are going to take, and that is that the sailors who have drawn up this proposal before us have rather left out something which will be necessary to be introduced on the part of the court. I will only go as far now as the Conference has gone. The Conference has decided that a towing steamer is to make one long blast followed by two short blasts. Now, you have given that signal to a steamer and it follows at once that the signal you have provided in section a of one long blast disappears. It does not matter to me when I meet a towing vessel whether that one blast is given or not. I shall hear one long blast and two short blasts, and that is sufficient. If we go further and vote now that a sailing ship shall also have to make a signal, that signal whatever it is, will have to be subject to the signal in section c. But I, the approaching vessel, do not care whether that vessel is on the starboard tack or the port tack, or has a free wind. All I want to know is whether there is a hawser astern and something fast again astern of that hawser; in fact, that she is towing.

Now, I will speak on the actual vote that is coming before us: Is a sailing ship to have a signal as well as a steam-ship? I wish the members to be very clear what was before the committee when they put these words, "a sailing-vessel and a steam-vessel." Of course, bye and bye, when the article is to be reworded, after this vote is passed, it will follow that it will be "a vessel towing." We put in the words a steam-vessel towing and a sailing vessel towing, so that the Conference can be quite clear what was in our minds, and so that there would be no mistake what you are voting upon. It has come to a head upon this question. I will take an example which will show you what I have to say, and I will take the very worst example in the case which I put to you. First of all, under Article 24 it was argued yesterday that we are making new sailing rules. We are doing nothing of the kind. I will put it to any of the learned gentlemen as well as to any of the seafaring members, whether under Article 24, which provides that all reasonable seamanship and care shall be exercised, whether, if I am approaching a long tow and can get out of the way of that tow, but instead of doing so deliberately run into it although I have got the rule of the road in my favor, I would like to know from the learned gentlemen which side they would like to be on in arguing that case? You may depend upon it that I should be condemned, and that they would argue that I was doing wrong under Article 24. So we are not altering the rules of the road; and I say now, positively, that a vessel which has the right of way, if she runs into a tow, is going against the rules of the road. This, again, is apart from the actual point before us.

Now, I will give you an example. The towing ship is on the starboard

tack. Another ship is approaching her on the port tack. I will place myself, and I will ask each of the delegates to place himself, in command of the vessel on the port tack. He hears two fog signals somewhere ahead, at least he hears them on the starboard bow and starboard beam. At last the fog looms up and he sees a vessel on his starboard beam, unmistakably, but still the fog is not clear enough for signals, and they must depend upon the sound-signals. He sees, unmistakably, a vessel on his starboard bow and a vessel on the starboard beam. He can get clear of the vessel on his starboard bow, or he thinks he can; but the rule of the road demands that he either goes about or keeps his way under the stern of the vessel on the starboard bow. Now, if I am just laying my course, I do not want to go about. I shall be perfectly safe and shall not hurt anybody by keeping away and going under the stern of the vessel that is on the starboard bow. I can readily clear the one that is on my starboard beam. Well, I port my helm. I am not closeshaving. I am taking the proper precautions. The law allows me to go between these two ships, and if there is no hawser there is no danger. Very well; I am approaching the quarter of the towing vessel. Suddenly the other fellow calls out. I ask "what in the world is that fellow hollering and screaming about," and my attention and the attention of my lookout is taken to that towing vessel. The vessel on my starboard beam, which is fastened to him, I know nothing about. I am perfectly clear of him. While I am listening to this fellow hollering and screaming, and if it is light enough, waving his arms, but he can't tell me. what he is doing, suddenly I am against the hawser. Now, that is the example which I give you on the part of the committee, and ask if you will not allow a sailing vessel towing to sound some signal.

Mr. GOODRICH (United States). Mr. President, I think it would assist the members in their voting upon this proposition if we could hear the experience of the nautical men about this board as to how frequent the instances are of sailing vessels towing another vessel. I have had some conversation which has given me a good deal of light upon this subject from several of the gentlemen, and I should like to hear from them. There are nautical men here who can say what their experience is during past years. The suggestion is also brought out that it makes very little difference whether we give this permission or do not give it, simply because these instances are so rare. It is with that in my mind that I ask the nautical men of this board to tell us how often they have seen a sailing vessel towing another vessel.

Mr. FLOOD (Norway). Mr. President, in answer to the question raised by the learned delegate from the United States, I said yesterday, that I thought a sailing vessel towing another was a very rare oc currence, and only happened when one of the two vessels was in distress. That is also the reason why I said that I did not think there would be much trouble with the siguals, because the vessel towing would always have the wind abaft the beam. She would never, as suggested yesterday, S. Ex. 53-56

attempt to tow another vessel laying by the wind herself. That is almost impossible. So far as the question goes as to how often that happens, I will say that, in my experience, I have had only one case under my control-and I have a great many vessels to look after— where such a thing happened. So it is a thing of very rare occur

rence.

I will just make one remark on what Sir George Nares has said about the imaginary case which he brought before the Conference to-day. I mentioned yesterday an exactly similar case which happened to one of my vessels in the Delaware River only a couple of years ago. I stated then exactly, how a three-masted schooner ran into one of my ships being towed by another vessel. The towing ship at that time was a steam-ship, and it was proved in court that the vessel which was towed did not sound the proper signals, depending upon the steamer ahead of her to sound them. In consequence I had to pay the damages and costs. So by that very example I prove that the vessel towing has to give a signal of some description. I must also mention in connection with this, that the greatest danger for a vessel approaching a tow is not the vessel towing, which is generally a small craft, a tugboat, but the danger of collision lies in the vessel towed. She will generally be the thing that will cause the collision and cause the trouble. The tug-boat is generally a smaller craft, but the vessel towed may often be a 2,000-ton ship, and she is the real danger.

Captain MALMBERG (Sweden). Mr. President, as a direct answer to the question put by the learned delegate from the United States, I may say that although not being an eye-witness to the cases, I have learned by the reports in our papers that twice within a very few years ships in distress have been brought into port by sailing vessels.

Captain DONNER (Germany). Mr. President, I am obliged to read through all the verdicts given by our marine court in Germany, which is compelled to look after every mishap to a German ship; and so I have had an opportunity of seeing that this towing by sailing ships is happening very often; much oftener than anybody would suppose. But so far as I know it is only in the North Sea. The North Sea is literally swarming with British fishers, trawling men; and these fishermen make a good bargain if they can bring into port a derelict vessel; for it happens very often that a ship brings in a vessel which has lost a mast in these heavy storms. But this towing is only done for a certain distance; as soon as they come near the coasts of Great Britain or Germany, they find tug-steamers to tow the vessel into harbor. But they manage to tow such ships quite a long way over the sea. That happens very often; how often I am not able to say, though I might say it is an every day occurrence in the North Sea.

Admiral DE SPAUN (Austria-Hungary). Mr. President, in answer to the question put by the learned delegate from the United States, I may state that in forty years' service I have twice seen a sailing vessel tow