any thing for those vessels in a fog. Is it necessary that we should be guided solely by the demands which are addressed to the Conference, and should we only take them into consideration? Is it, therefore, necessary for sailors to come and tell us what cases we are to provide for, and must we omit to consider all subjects in regard to which no demand has been addressed to us?

We are an assembly wherein sea-faring men are largely represented by experts and men of technical knowledge, who must know themselves what is proper and right. Who better than ourselves can judge whether vessels which are not under command, or which are laying a telegraphcable, should or should not receive the special provisions already sanctioned by Article 5? A vessel laying a telegraph-cable, between England and New York for example, can neither reduce her speed nor stop. Should she cut the cable which she is laying the moment she enters a fog? I do not think she should. She will continue on her course at the speed which is necessary to her. She will go at least 6, 7, or 8 knots, to be enabled to properly pay out the cable on the ocean's bottom, without making any twists in the cable and without being obliged to pay out more cable than is necessary. When the cable vessel is on the course of another vessel she is an actual danger to the latter, which should be notified. When the sound-signal of the cable ship is heard from its furthest distance, the best thing to do is to get out of her way until all perception of the sound is lost.

You have adopted the proposition to give signals to a vessel anchored in a fair-way, to a vessel which is being towed, to a vessel which wishes to indicate that she will stop; and now you find that besides those cases there are a certain number of other cases which not only have a great deal of merit, but which are still more worthy of attention. Those vessels, as well as others, require a distinction, a special soundsignal. By straying from the originally simple provisions of Article 12, in order to obtain the signals of paragraphs d, e, and ƒ, you have been obliged to go beyond the simple signals formerly in use. You have made new ones, and now you are obliged to find more, and you come and tell us: "We have exhausted all there are; our pockets are empty; we have nothing more to give."

The gallant Admiral Sir George Nares evidently feels where the difficulty lies. I know as well as he does that it is very difficult to give suitable and proper special signals for the cases which I have mentioned. It seems to me that, so far as the principle is concerned, we must all agree in saying that if we increase the number of sound-signals introduced or inserted in the rules of the road at sea, we should first endeavor to find a special signal for vessels which are not under command, or which are laying telegraph cables and can not stop. What! We are going to give a special signal to the vessel which has stopped, and we do not give any to the vessel which does not know where she is going, whose rudder is broken, perhaps, and which in certain cases may drift

about without control, the toy of the sea and the winds! To be logical we should above all indicate the presence of a vessel which is not under command.

I will add but one word in regard to vessels which are laying telegraph cables. International treaties have been made providing for these vessels. By those treaties, if I am not mistaken, it has been endeavored to keep away at a considerable distance from a vessel which lays a cable, all the vessels which are in the same region; which goes to show how solicitous governments are to favor the operations of such vessels. Can it be supposed that the contracting powers will favorably look upon any measure which does not protect those vessels, as well as certain other classes of vessels ?

Lieutenant BEAUGENCY (Chili). Mr. President, before the vote is taken I would like to say a few words, as a young officer. The learned delegates from Great Britain and Hawaii have pointed out the very great difficulty of having so many signals. I think that if the Conference adopts this one that the officer on duty will be obliged to tell the captain that the ship is in a fog, and make the signal for that situation. If he don't remember it at the first moment, he can take the book and see what the signal is. It is not a difficult matter, because the officer or captain is not obliged to put the rule into operation at the first moment, as with regard to the other rules of the road.

The PRESIDENT. The Secretary will now read the proposition of the delegate from Great Britain.

The proposition is as follows:

"Shall a vessel not under command, or a vessel laying or picking up a telegraph-cable, be given a distinctive fog-signal?"

The PRESIDENT. Is the Conference ready for the question?

The question was put to the Conference upon the above proposition.
The PRESIDENT. The Chair is unable to decide.

Mr. GOODRICH (United States). I call for the yeas and nays.
The yea and nay vote is as follows:

Admiral NARES (Great Britain). Mr. President, I rise to a point of order. There is some mistake here. There are gentlemen saying yea who do not wish any signal.

Captain SETTEMBRINI (Italy). And I am one.

The PRESIDENT. The proposition has been read several times.
Captain SETTEMBRINI (Italy). I answer, No.

S. Ex. 53-59

Admiral NARES (Great Britain). Mr. President, I am sure there are others voting wrong.

The PRESIDENT. If the delegate desires, it will be read again and the vote taken over again.

Admiral NARES (Great Britain). Mr. President, yes, sir; I wish it clearly understood that those who vote yea are voting for the signal, and those who vote no are voting for the present signals which the Sound-Signal Committee have proposed as sufficient.

The PRESIDENT. The proposition will be read again.

The proposition is as follows:

"Shall a vessel not under command, or a vessel laying or picking up a telegraph-cable, be given a distinctive fog-signal?”

The yea and nay vote upon the above proposition is as follows:

The PRESIDENT. Fifteen have voted in the affirmative and four in the negative; so the question is decided in the affirmative.

Mr. HALL (Great Britain). Mr. President, perhaps I may say that we have voted with the yeas in the hope that one of the existing signals will be found to include this class of vessels. We quite see the logic of providing, if possible, for vessels not under command, but we are very much opposed to extending the number of signals. It was only because we felt that if we voted nay on that proposition and the nays carried it, then it would be impossible to utilize one of the existing signals for such a case; we therefore voted yea; but in so doing we are not in favor of extending the number of signals. We hope the case may be provided for by one of the existing signals.

Captain MENSING (Germany). Mr. President, I should be very glad if that could be possible. We already have the opinion of Sir George Nares that he would very likely be able to find a signal for us. I should, therefore, like to propose that this matter be referred back to the Commiitee on Sound-Signals. I do this not merely to get another signal, but because I think that it is a very good idea to try, if possible, to bring it in under one of the other signals, as the learned delegate from Great Britain proposes. It could not be done with the reading as we have it now.

Captain MALMBERG (Sweden). Mr. President, could we not get it in under that unfortunate paragraph ƒ?

Mr. GOODRICH (United States). Mr. President, I make the following proposition or amendment;-to insert in paragraph d, of Article 12, after the words "at anchor," in the second line, the words, " or when disabled or not under command, or laying or picking up a telegraph-cable." That does not multiply the signals.

Admiral NARES (Great Britain). Mr. President, may I rise, as a mem ber who has given very close study to this thing, and ask the learned delegate from the United States to withdraw his motion? Do not suddenly force upon us the consideration of any special signal. That has been very closely considered. You are laying down a greater labor not only on the committee, but on the whole Conference. We must have time to consider this. We are asked for a signal for a vessel not under command and vessel laying a telegraph cable. It strikes me at once that we will be in a difficulty as to what to do for the much more common occurrence of a vessel hove-to, and there are two or three other cases of much more frequent occurrence than this of vessels not under command. You have opened the doors, and it will require much consideration.

Mr. GOODRICH (United States). Mr. President, upon the able and pathetic appeal of my gallant friend, which touched my heart, I will withdraw my motion, and move that the subject of selecting a signal be referred to the committee to report.

Admiral NARES (Great Britain). Mr. President, the committee have reported against it. The committee have reported decidedly upon the matter not to have a signal for a vessel not under command. The position that we are in now is that we have had eight hours working at the signals which we have put before you. Now, you ask us for two We have only put three before you, and now you are asking us for two more.

more.

Mr. GOODRICH (United States). Mr. President, we are like Oliver Twist, demanding more. I make my motion refer to the subject of selecting a signal for this particular case.

Captain MENSING (Germany). Mr. President, I think that in my amendment there is but one signal provided for telegraph ships and for vessels not under command. I think that under Article 5 (d), these two classes of ships have been classed together, and that one signal will do for them both. It would be wrong to introduce two signals on this account.

Admiral NARES (Great Britain). Mr. President, I will point out that a vessel not under command is very nearly stationary, and a vessel laying a telegraph-cable is going at a very considerable speed.

The PRESIDENT. It is very evident that this discussion will not end this evening, and as the time for adjournment has arrived, I desire to give the floor to the delegate of the United States.

Mr. GOODRICH (United States). Mr. President, I would ask whether the delegates are willing to sit a few minutes longer to decide the simple

question of this reference, because if you put it in the hands of the committee it will enable them possibly to report in the morning.

Admiral NARES (Great Britain). Mr. President, I only hope that we are to be left clean-handed in any reference that is sent to us. Do not require us to give one signal to both classes of vessels until we have considered the matter ourselves.

Mr. GOODRICH (United States). Would the chairman of that committee prefer that the subject of reference should not proceed this afternoon?

Admiral NARES (Great Britain). No, sir; it seems to be the general opinion of the Conference that we should undertake this duty, and we will do our best, but in doing so what we request is that you shall not tie our hands. Give us the significations which you want and leave it to us to find the signals, whether it be one or a half a dozen.

Mr. GOODRICH (United States). Mr. President, I move that the subject which has been under discussion, that of the signals for the two classes of vessels stated, be referred to the Sound-Signal Committee to select a signal or signals as they see fit.

The PRESIDENT. It is moved that the matter of obtaining a signal or signals for vessels not under command and vessels laying telegraph cables be referred to the Committee on Sound-Signals for report.

The question upon the above motion was put to the Conference and carried.

Mr. GOODRICH (United States). Mr. President, I propose that without any motion the Conference adjourn until to-morrow morning.

The Conference thereupon adjourned until Thursday, December 5, 1889, at 11 o'clock a. m.