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COLLISIONS IN CHINESE
WATERS.
British Expert's Views.
TUESDAY, JULY 12, 1921.
Arratona Apoar v. sir. Yang. Every pilot knows the extrems Chow, we are faced with famount of care, caution and mari- different state of affairs; this time skill that is required. In base does not appear to me to be handling single scraw, low-power- so much a question of regulations ed cargo boats in arowded narrow as of saamanship. It was foundwaters. With a tide with them. In relation to collisions that at the Washington Conference of threa knots speed, it requires have lately occurred in Chinese that it was impossible to frame all their close and alert attention, waters, including the collision rules to govern every sat of and I doubt if any of them would between the Arratoon Apear and seamen, aspecially where it was bave taken the risk the Yang the Yang Chow, Commander more or less a question of sea-Chow did.
The Judge's decision in this (Ret.) Froderick Davier, R.N.Rmanship, and as the British writes from Woosung to the Verth Delegate remarked, "It is no use case is only China Daily News as follows:having seamen at all if they expected and exposes another There are several points which to anor act in special circumst-case of recklessness and ignor
ance "of Rule XXVIII. the lay mind-require elucidation, "Obey the Regulations" is a maxim which I have adopted in my book "How to Avoid Collisions between vessels" an extract from
which reads:
antes."
what could be
of
There are one or two points in NO CENTRAL ADENORITY.
Going back to the Taku Par this case that require some com
First the question of collision case, I am not going to mens. "sound signals for vessels in pick out either of those particular sight of one another." Rale vessels for what I am about to say, but it must be remembered "Ia the great majority of XXVIII. eollision cases that ara sifted in The master of the Yang Chow that the duties of individuat
of tha ars ws the Courts or by Board of Trade told the Court that he blew two members inquiries the essence of the blasts, but received no reply, so these small merchant steamers not laid down and verdicts is, that one or the other took the silence of the other are or both vessels is or are to blame, vessel to mean consent to his defined in each particular case force majeure or errors of judge going to the wrong side! What as is done more or less in the ment being the exceptions, there- ridiculous nonsense and ignor-British and other Navies, owing fare it is self-evident that thence of the meaning of Rule to the small number of hands majority of collisions are avoid-{XXVIII! It would have been carried, each of whom probably able and consequently must be interesting if the Assessor bad has a "multitudinous number of brought about either by neg-intimated to the judge that he things to do and without the of expert petty ligence,
inco-would like to know what sort of supervision carelessness,
There is no central petence or recklessness."
reply the Yang Chow expected officers. This seems a strong indictment from the Arratoon Apcar. Why authority in the Merchant Marine to be made asainst my brother the very silence of the latter vesso!įlike an Ad airalty Board, which seamen, but it stands out as a could have only one meaning lays down laws and rules govern- fact which cannot be denied, cide which was reply -viz. that she ing every ship, but it is a the reports of the last three local was not changing the direction case of "different ships, different collision cases that have been of ber head; nor going astera fashion" which the old marchant engaging the attention of the with her engines. Here we have sit growls out sometimes. A British Supreme Court lately.
another case, and they come up deck hand is probably told to get "Traffic Regulations" on shore regularly like seasonable plants the sidelights ready and either bear the same constraction as do of the misunderstanding by through ignorance of the respon- the International Regulations" some seamen as to the meaning siblity or burry to get his job on the water, therefore it is of the one, two, or three short done they are placed in position Mr. Justice Bargreave in their screens before the necessary for those whose duty blasts. it is to guide vehicles or vessels Deane in deciding a cave in the anchor is
Dccur
are
case the result of breaking that rule is this collision."
aweigh.
I
have
to show "good conduct and Admiralty Court in 1908. used witnessed vessels in the posi
ion of the vessels under discus-i obey these Regulations which these words: have been carefully prepared for! "So long as I sit here, I sball sion at anchor waiting for tide- the sidelights showing the protection of the public and do my best to deal with the with incidentally for themselves. matter directly. If a signal is Therefore it is now possible that LAND ROAD AND SEA ROAD. blown, either a port or starboard the same thing occurred off the In this connection I must point belm signal, it indicates the Taku Bir?
In Admiralty Courts in Eng- out that on shore-whera the direction to which the ship's traffic regulations are in force head is being altered and that lard trying Mercantile Marine and when one has collision cases, naval officers do there is an expert body of police only whose daty it is to see that there to deal with such rules, one not sit as Assessors, they have no infractions of these has to remember that we cannot no experience of the difficulties regulations. So if a driver or allow custom to come in between, that beset the masters of short- chauffeur commits a breach of though I am told that custom handed ships and the greate them he is bailed to Court and, if gives to the signal not the mean difficulties in bandling single- found guilty, punishment ensues, ing-I am directing my course to low-powered cargo steamers in more or less, according to the starboard, or to part, but, "I am narrow crowded waters, their seriousness of his offence.
going to pass you port to port, or only exprience is with twin- At ses (or on the water) the starboard to starboard: in this scraw, full-powered ships, which case is entirely different. there
are almost always under perfect contral no beaten tracks and no
In conclusion, if police to ensure ships keeping to A DANGEROUS DOCTRISE. the rule of the road" so that Judge Skinner Turner romarked makes a mistake by error of people in charge of vessels are in the present
case that the judgment, or even otherwise, it left to their hosour strictly to Captain of the Yang Chow's is more madly to admit it He obey these regulations, which statement, that silence gives con- saves bis honour and prevents have been drawn up with great sent," was a dangerous doctrine" his owners care and consideration for the but I hope it will now be clearly panies being, mulcted in large! many difficult situations a sea-understood that silence on the sums for legal expenses.
If an error of judgment is man in charge of a vessel is often part of the "holding on" vessel is) placed in he is not spied upon in really a signal that she is not made the Courts are not severe any way and it is left to his hon-changing the direction of her on man when he has to decide our that be should obey the re-head. Owing to this erroneous almost instantly what course to gulations and do the right, proper impression among some seamen adopt and gentlemanly thing.
as to what one or two blasts mean Whereas if you go into Court It w jealousy for the bonour"I am going to pass you on the with cooked up story and get of my brother seamen that partly port or starboard side" it is just into the hands of the cute Ad- impelled me to write "How to as well that I point out thatmiralty lawyers and experienced Avoid Collisions giving there in when an overtaking vessel re-assessors you are made to fee a concise form the Court's inter- quires to alter her helm to pass very small indeed. pretations of the various rules so an overtaken one, she must make that mistakes might be reduced to one or other of these signals and a minimum.
These interpretations are from
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they produce the very opposite| JAPANESE EMIGRATION. result.
Many cases have been before!
the Courts where vessels leaving Reluctance to Leave Japan. a dock or wharf, have collided The Amahi reports the gradual with vessels proceeding up cridecline in the number of Japan. THREE RECENT CASES. down the river, and it has been ese emigrants to South America. Now for the three recent held that the "Crossing Rules" do After the amalgamation of the cases. In the report of the col- not always apply and as it is the Morioks Emigration Company lision which occurred in the duty of vessels leaving a dock or with the Overseas Colonisation Yangtze between art A.P.C. wharf to watch for passing Company it says the latter tuzböst- encumbered by lighters vessels and keep clear, so, a co-concluded special agreemen's, -and China Merchants Co.'s relative duty no doubt reste on regarding transportation with the 1steamer, both ships were proper-vessels passing docks or wharves Nippon Yusen Kaisha and, the
ly held to blame; may letters coming out. appeared in the Press on various
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THE QUESTION OF MOBILITY. being chiefly engaged roa matters in connexion, one even There is one point in the Asses-coffee plantations. From 1917 suggesting a new rule of thesor's advice to the Judge to which to the end of April of this you, road," but the fact that both I must take exception: be said 13,659 households were conveyed vessels disobeyed the present re- that the Arratoon Apear's posito Brazil. But since last year, gulations was entirely overlook-tion after she left the wharf was results bare been anything but ed, as disclosed in the evidence, much less mobile"-I am praatisfactory; there being only the persons in charge of both anming be means that she bed 983 emigrants throughout las" vessels were quite incompetent: Tess control over herself. To rear. This year, also, there will, neither of them knew what was
the it appears, not be very many ap facts appear the right thing to do, and they very opposite, the Arretoon Apcar plicants. The Ashi as reasons both did the wrong thing. The was heading an adverse stream, for this decrease, says that the owners and insurance companies quite under control of her engines value of Brazilian currency for were left to smila and pay,
helm and anchors-if necessary remittances has declined rapidly. The next case I deal with is whereas the Yang Chow on the Severe restraints are also impos- what I will call the Taku Barfother hand was coming over the ad, in the case of peasants, as that Collision Case"-which seemned ground at 10 knots according to a single household must consist Ва idiotic at first hearing the Judge, speed about seven of more than three, including a viz.. that two vassels at knots through the water, a single child (or children) of over twelve anchor, showing anchor lights screx ahip approaching a narrow Fears old. ran into each other, show crowded channel, really a Wages in Japan, also, are bigh ing under-way lights. No won most dangerous position to lie in, compared with those in South der Judge Skinner Turner re and certainly not so much America. In addition, no results marked in a later case"As is mistress of her mobility as the worthy of attention have so for usual in these cases it is very Assessor would lead the Judge been obtained by the already set- difficult, if not impossible, to to be iere. If he had gone astern tled migrants. The fatest in 100,000 a year to the Orerseas Government furnishel reconcile the two stories,' In with her engines for any length vestigations show that there are Colonisation Company, that sum of £3 to evary Japan sattier, this case the insurance companies of time to reduce her speed she 11,011 cho (about 27.599 acres) being bestowed on emigrants not but has now annonacal its decia- were left to face legal charges as would have found herself athwart and 92,870 cho (about 232,000 ac- exceeding in number in 2,000, orion to increase it till 1925 to £15, well as damages.
the narrow crowded channel and rest which are respectively owned at the rate of Y50 per head which sum is also givan to the only hope of avoiding collision and leased by the Japanese, but as a part of the travelling ex-Europeans. With all these pri with something would have been as yet this is nothing compared penses. The N.Y.K. and the vileges, the Asahi thinks that it her artbors and cables, which to the land acquired by emigrants O.S.K.have also been persuaded will still be difficult to contrive have been known frequently to to North America. From this by the Department to consent to an increase of applications, bi- Coming now to the most recent be frail reeds to rely on in Buch year, the Department of Home a decrease in the fare from 250 case of the reasons mantioned
Affairs will give a subsidy of to Y200. Hitherto, the Brazilian stready. of the three cases, viz., the atr. circumstances.
There is no mistake the judge picked out the culprit; bere we had "recklessness and carelessness.”
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