lamation of the President formally put them in force as of July 1, 1897.

These rules purported to apply to "the high seas and all waters connected therewith navigable by seagoing vessels." But its thirtieth article provided that nothing in them should interfere with the operation of a special rule, duly made by local authority, relative to the navigation of any harbor, river, or inland waters.

By Act Feb. 19, 1895, Congress, acting under this saving clause, kept in force the rules found in section 4233, Rev. St., and the Inspectors' Rules supplementing them, for harbors, rivers and inland waters (not including the Great Lakes and their tributaries), declared them rules made by local authority, and directed the Secretary of the Treasury to define the lines between such waters and the high seas, which was done. But by Act June 7, 1897,1° Congress codified the inland rules also, making them apply on all harbors, rivers, and inland waters, except the Great Lakes, the Red River of the North, and the waters emptying into the Gulf of Mexico. This act repealed sections 1 and 3 of Act Feb. 19, 1895, but left section 2 of that act (by which the Secretary of the Treasury was directed to define the lines between the high seas and inland waters) still in force. These rules went into effect on October 1, 1897. Both these rules and the International Rules were slightly amended by Act Feb. 19, 1900,1" prescribing the lights required of steam pilot vessels.

Navigation on the Great Lakes is regulated by Act Feb. 8, 1895,12 which applies to the Great Lakes and their connecting and tributary waters as far east as Montreal.

Navigation on the Mississippi river as far down as New Orleans, also on its tributaries and on the Red River of the

28 Stat. 672 (U. S. Comp. St. §§ 7971-7974). 10 30 Stat. 96 (U. S. Comp. St. §§ 7872-7909). 11 31 Stat. 30 (U. S. Comp. St. §§ 7845, 7846). 12 28 Stat. 645 (U. S. Comp. St. §§ 7910-7941).

North, is governed still by the old rules found in section 4233, Rev. St., and amendments and the pilot rules for Western rivers supplementing them.

Hence the courts may be required to administer any one of four sets of rules:

(1) The International Rules for collisions on the high

seas.

(2) The Inland Rules for collisions on coast waters or waters connecting therewith, inside of the dividing lines fixed by the Secretary of the Treasury.

(3) The Lake Rules for the Great Lakes and their adjacent streams.

(4) The Mississippi Valley Rules.18

And, besides all these, the courts have held that vessels navigating any given waters are bound to observe rules. made by municipal or state authority for that locality.1 For instance, a New York statute requiring boats navigating the East river to keep in mid-stream, away from the docks, so as to allow unimpeded ingress to them, has been held obligatory on vessels. 1

Many ports abroad have their local rules, and these are enforced by the courts.16

Even local customs not emanating from legislative authority are binding."

Though there are striking differences between these four

13 In the Albert Dumois, 177 U. S. 240, 20 Sup. Ct. 595, 44 L. Ed. 751, Mr. Justice Brown gives a brief history of the adoption of the different rules. For the Order in Council putting the rules in effect as to English vessels, see [1896] P. 307.

14 U. S. v. St. Louis & M. V. Transp. Co., 154 U. S. 247, 22 Sup. Ct. 350, 46 L. Ed. 520.

15 Ivanhoe, 7 Ben. 213, Fed. Cas. No. 7,113; Bay State, 3 Blatchf. 48, Fed. Cas. No. 1,149; Favorita, 18 Wall. 598, 21 L. Ed. 856; Hartford (D. C.) 125 Fed. 559; Id., 135 Fed. 1021, 68 C. C. A. 230.

16 Margaret, 9 A. C. 873; Spearman, 10 A. C. 276.

17 Fyenoord, Swab. 374; VICTORY, 168 U. S. 410, 18 Sup. Ct. 149, 42 L. Ed. 519; Agnella (D. C.) 198 Fed. 147.

sets of rules, their general scheme is the same, and therefore the International Rules will be made the basis in this discussion, though attention will be directed to some of the more important differences. It will be found that they constitute a common language of the sea, by which approaching navigators, no matter what their nationality, may speak to each other in tones understood of all seafaring men. Under them, if followed, collisions need never occur, unless by some negligence or inattention which no rules can prevent; for in this, as in the other affairs of life, the personal equation cannot be completely eliminated.

In view of the adoption of these rules by the more important maritime nations, they constitute a communis jus, and govern ships of different flags as well as those of the same flag in collisions occurring out of the jurisdiction of any one nation, it being assumed in the absence of evidence to the contrary that the law is common to both ships. But if the law of the flags differs, each may obey his own law without being guilty of negligence.18

The court takes judicial notice of these International Rules, but any variation of them by any particular nation must, like any other foreign law, be proved as a fact."

PRELIMINARY DEFINITIONS

119. The first aim of the rules is to classify, for the purpose of the regulations, steam vessels and sailing vessels and vessels under way, etc.

The relative duties of steam and sail vessels and of vessels under way and vessels at anchor are so different (as will appear hereafter) that the first effort of the rules is to distinguish these cases closely. Accordingly, in the prelimi

18 Belgenland, 114 U. S. 355, 5 Sup. Ct. 860, 29 L. Ed. 152; Hamilton, 207 U. S. 398, 28 Sup. Ct. 133, 52 L. Ed. 264.

19 New York, 175 U. S. 187, 20 Sup. Ct. 67, 44 L. Ed. 126.

nary definition, every vessel under sail, though by build a steamer, is treated as a sail vessel, and every vessel under steam or propelled by machinery is considered a steam vessel. This latter definition would include electric or naphtha launches, which, indeed, as far as the local rules are concerned, are brought into the category of steam vessels by express act of Congress.20 On the other hand, a brokendown steamer, slowly finding her way into port under sail, is, as to other vessels, considered a sail vessel.

So, too, in order to avoid any possible misunderstanding, a vessel, though her headway is killed in the water, is considered under way, unless she is at anchor, or tied to the shore, or aground. The reason is that, unless she is thus fastened to something, a turn of her engines may put her under way, and therefore she should be avoided.21

DISTINCTIVE LIGHTS PRESCRIBED FOR DIFFERENT VESSELS

120. The next aim of the rules is to indicate to other vessels the character and course and bearing of a neighboring vessel, and whether she is in motion. This is done by the use of distinctive lights, white and colored, in various combinations, for unincumbered steamers, incumbered steamers, sailing vessels, etc.

The first thirteen articles regulate the subject of vessels' lights.

After defining the word "visible" as meaning visible on a dark night with a clear atmosphere, it is provided that the lights prescribed shall be shown from sunset to sunrise, and

§ 119. 20 29 Stat. 489 (U. S. Comp. St. § 8282); Nimrod, 173 Fed. 520; Southern (D. C.) 224 Fed. 210, 215.

21 Burrows v. Gower (D. C.) 119 Fed. 616; George W. Elder, 249 Fed. 956, 162 C. C. A. 154; Romance, [1901] P. 15; Upton Castle, [1906] P. 147; Gladys, [1910] P. 13.

that no others which could be mistaken for them shall be shown. This requirement, however, does not exempt a vessel from taking proper measures to avoid another without the lights if she can be seen, as is frequently the case just after sunset, or on a clear moonlight night, but it casts on the offending vessel the burden of showing that her offense not only did not, but could not possibly, have contributed to the accident.22

The first effort is to adopt distinctive lights for different classes of vessels, so that steamers unincumbered or with tows, sail vessels, small craft, and special kinds of vessels, like pilot boats and fishing vessels, can announce their character at a glance. This is accomplished by the use of white lights, colored lights, and flare-up lights in various combinations. The colored lights are carried on the sides of the vessel, the white lights on the line of the keel, and at an elevation.

(1) Unincumbered Steamers (Article 2)

An unincumbered steamer under way carries a white light well forward, at least twenty feet above the hull, strong enough to show five miles, but with a board behind it, so arranged that it cannot be seen from behind. In the language of the rule, it shows twenty points. As there are thirty-two points in all, this makes it show two points abaft the beam on each side; so that overtaking vessels cannot see this special light unless they are nearly up to a point abeam. This is called the "masthead light," and is the white light usually carried by seagoing vessels. This light, in the Inland Rules, need not be twenty feet above the hull. Steamers, however, instead of carrying this single white light, are allowed the option of substituting two white lights. In this case an additional white light is placed aft amidships, at least fifteen feet higher than the bow light.

§ 120. 22 R. R. Kirkland (D. C.) 5 Hughes, 109, 48 Fed. 760; Tillie, 13 Blatchf. 514, Fed. Cas. No. 14,049; PENNSYLVANIA, 19 Wall. 125, 22 L. Ed. 148; Bougainville, L. R. 5 P. C. 316.