resulting collision. It is a general rule that neither of two approaching vessels should deviate from the course prescribed by law where there is no sufficient indication on the part of the other to do so. Sec. 75. Sound signals for vessels in sight of each other. The international rules of 1890 provide that," when vessels are in sight of one another, a steam-vessel under way, 1 The Standard, 23 Fed. R. 207; The Quickstep, 2 Biss. 291; The W. H. Vanderbilt, 37 Fed. R. 116; The City of Albany, 34 Fed. R. 812; The Minnie R. Childs, 9 Ben. 200; The Bermuda, 11 Fed. R. 913. a A tug-boat approaching steamer takes the risk when signaling what course she will take and then suddenly abandoning it. The Gratitude v. The Eutaw, 14 Fed. R. 479. Two ships met in mid-ocean at night nearly end on. The T. altered her course to starboard in compliance with the rules, the G. swerving in the same direction. The court held that whether the two vessels were meeting end on or on crossing courses, in either case the change of course of the G. was in violation of the rules; and that as the T. did not know but that the G. would again change her course so as to conform to the rule, the T. was justified in not changing her course to port when she saw the mistaken maneuver of the G. The Thingvalla, 42 Fed. R. 331; 48 Fed. R. 764. Where a tug had a steamer on her port-hand side and at a distance so great that they would pass in safety had both pursued their course, and she attempted to cross the course of the steamer at a point where the peculiarities of navigation made it difficult to pass, and at a distance of less than a quarter of a mile, it was held that, in the absence of a signal from the approaching steamer consenting to such change of course, the tug was liable for ensuing collision. The Steamer Franconia, 3 Fed. R. 397. A steamer and a tug collided on Long Island Sound at night. The tug on discovering the steamer ported her wheel one point, and again ported another point when a half mile distant, blowing one whistle. The steamer replied by giving two blasts of her whistle, and put her wheel to starboard across the course of the tug. The tug at once backed and gave danger signals. It was held that the steamer was responsible for the collision following. The Thames Tow-boat Co. v. The Sarah Thorp, 44 Fed. R. 637. Where the measures taken by a steamship to avoid collision would have been successful had not they been counteracted by the improper conduct of the other, the former is not liable. Nichols v. The Servia, 149 U. S. 144. in taking any course authorized by these rules, shall indicate that course by the following signals on her whistle or siren, namely: One short blast to mean, I am directing my course to starboard;' two short blasts to mean, 'I am directing my course to port;' three short blasts to mean, 'My engines are going at full speed astern.""1 This rule is substantially the same as the rule of 1885,* except that in the latter the use of the signals is not imperative, the statute making their use optional; but if used, the course of the signaling ship is to be in conformity with the signals made, these being the same as prescribed by the rule of 1890. The latter rule is imperative, and requires vessels approaching to indicate their course by the use of the prescribed signals, when taking any course provided by the rules, when in sight of each other. This qualifying clause is to be taken in its usual sense, meaning that they are to be used when vessels are sufficiently near each other to make the use of signals necessary to an understanding of each other's course. Passing signals, under the international rules, are only permissible when vessels are in sight of each other, and cannot be used as a means of communication when they are not visible to one another. They are not to be used in a fog or other state of the atmosphere when sight is cut off. Their use is only permitted when there is absolute knowledge of the relative positions of the vessels such as sight alone can convey. As the court says in the case of The Parthian: "There is no such certainty of the exact position of a horn blown in a fog as will justify a steamer in 3 126 U. S. Stat. at L. 328, art. 28. The provisions of the rule enabling vessels to make use of signals to indicate the course they propose to follow does not permit the vessel to navigate in the direction indicated for a brief time merely and then to change her course without warning, but the course must be consistently fol lowed as indicated by the signal, until a new maneuver becomes necessary. The La Champagne, 47 Fed. R. 122. 223 U. S. Stat. at L. 441, art. 19. 355 Fed. R. 426. See, also, The City of New York, 147 U. S. 72, 84; The Nacoochee, 137 U. S. 330, 338, 339. speculating upon the probability of avoiding it by a change of the helm without taking the additional precaution of stopping until its location is definitely ascertained." The rules prescribed for the navigation of the Great Lakes are somewhat different, and provide that "in all weathers every steam-vessel under way, in taking any course authorized or required by these rules, shall indicate that course by the following signals on her whistle, to be accompanied, whenever required, by corresponding alteration of her helm; and every steam-vessel receiving a signal from another shall promptly respond with the same signal, or as provided in rule 26: One blast to mean, I am directing my course to starboard;' two blasts to mean, I am directing my course to port;' but the giving or answering signals by a vessel required to keep her course shall not vary the duties and obligations of the respective vessels."1 Sec. 76. Signals to be timely.- A very large proportion of the collisions occurring are the result of a lack of timely precautions on the part of those charged with the duty of acting. The fact that nothing more could have been done at the moment of collision, by either party, does not absolve either from liability for failing to take seasonable measures to avoid the happening of the event, when opportunity for avoidance is ample. Precautions not seasonable are of little or no value; nor do such efforts constitute a compliance with the statutory requirements. Precautions must be timely in order to be effectual; and if they are not, it is no justification to show that nothing more could have been done than was done, nor that the necessity was not perceived until too late to be of avail. It is the duty of steam-vessels approaching each other to indicate by proper signals the course to be taken by them, and this should be done when at a distance 1 Rule 23. By this rule it will be observed that the use of these signals is not restricted to vessels in sight of each other, but they may be used at all times, whether there is clear vision or otherwise. 2 The Sunny Side, 1 Otto, 208; The T. B. Van Houten, 50 Fed. R. 590. apart sufficient to enable each to shape its course accordingly, so that there may be no misunderstanding regarding the same. Where a vessel is in an unusual position, or where she has no right to be, it is her duty to take adequate means to notify others of her presence, and such notification must be of a character to fully disclose her situation. In the navigation of harbors and streams choked with shipping, an additional burden of watchfulness is imposed, and on the promptitude of signals given and answered depends half their value in promoting security of navigation. The signals required by the rules should be given at a distance sufficient to avoid confusion resulting from haste or misunderstanding. Signals to be certain: In the use of the signals prescribed by statute and the inspectors' rules, a steamer is not justified, when within reach of a sound signal, in acting upon a supposition or conjecture as to what will be the movements of another vessel. The statute prescribes a method for the exchange of information by signals; and the movements of an approaching vessel, when unknown, should first be ascertained before any uncertain experiments or maneuvers are made. When a steamer desires to pass in any other manner than that prescribed by rule, and signals to that effect, she has no right to change her course to execute the movement until it is certain that she has made the other hear 1 The Rocilia, 25 Fed. R. 111; The Wesley A. Gove, 27 Fed. R. 311; The Farragut, 35 Fed. R. 617; The Amos C. Barstow, 50 Fed. R. 620; The Michael Davitt, 28 Fed. R. 886; The Manitoba, 122 U. S. 97; The Dorris Eckhoff, 32 Fed. R. 555. In river and harbor navigation a signal is not timely when it would compel the other vessel to stop in order to avoid a collision, unless in a situation where there is no alternative. The Garden City, 19 Fed. R. 529. 2 The Thomas Carroll, 23 Fed. R. 912. 3 The James M. Thompson, 12 Fed. R. 189; The Edwin H. Webster, 22 Fed. R. 171. Nothing appearing to the contrary, a signal made and assented to, without any signal of misunderstanding, will be presumed to have been made within the proper distance. The Charles Morgan, 115 U. S. 69. 4 The Aurania, 29 Fed. R. 98. 5 The Great Republic, 23 Wall. 20. · and that her signals are understood; she has no right to assume that the other consents to such a movement because no answer is returned to her signals.2 Sec. 77. Answering signals.-Under the inspectors' rules it is the duty of a vessel to promptly answer when signaled, either by assenting to or dissenting from the signals received." Under the international rules of 1890, it is the duty of every steamer meeting another to indicate what course it proposes to pursue by the statutory signals; and common prudence requires that they be given timely and that prompt replies be returned before other maneuvers are made, otherwise the object of the rule would be defeated. The international rules of 1885 do not require answering signals to be given, but common prudence and good seamanship require it. The rules governing the navigation of the Great Lakes especially provide that "every steam-vessel receiving a signal from another shall promptly respond with the same signal or as provided in rule 26.”5 Where a vessel, bound by the rules to avoid another, signals that she intends to pursue any particular course, an assenting signal by the one having the right of way is merely an announcement to the other that her signal is understood. This assenting signal gives the other, whose duty it is to avoid her, no immunity from the responsibility cast upon her by law to avoid the other, and by an assenting signal the vessel having the right of way relinquishes no right she would otherwise have." Under the inspectors' rules requiring signals to be promptly 1 The Johnson, 9 Wall. 146; The February 5, 1895, for the navigaBermuda, 11 Fed. R. 913. tion of the Great Lakes. 2 The Pavonia, 26 Fed. R. 106; The City of Chester, 24 Fed. R. 91. 3 The Garden City, 19 Fed. R. 529; The Roslyn, 22 Fed. R. 687. 4 The B. B. Saunders, 19 Fed. R. 118. 6 The Nereus, 23 Fed. R. 448; The Admiral, 39 Fed. R. 574; The Greenpoint, 31 Fed. R. 231; The William H. Payne, 20 Fed. R. 650. A steam-vessel at rest in a stream, where there is sufficient room for 5 Rule 23 of the act approved vessels to pass, is not bound, by |