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only then that she sighted the masthead light of the Newchwang. At that time the two vessels were less than 11 miles apart.

In the oral argument, not only was it admitted but stress was laid upon the fact that from the time the Saturn passed the Hoihow at 11:14 P.M., only six minutes elapsed before the collision; that the Saturn saw the masthead light of the Newchwang at 11:16 P.m., and her red light at 11.17.43 P.m., and that the collision occurred at 11:20 P.M., so that the Saturn saw the masthead light of the Newchwang only four minutes and her sidelight only two minutes before the collision. The combined speed of the vessels at the time was about 22 knots.

At that moment as soon as she saw the sidelight on the Newchwang the Saturn ported her helm, as she had done a few minutes before, when she met the Hoihow.

The fact that the Saturn crossed the Newchwang in this way has been contested. But it seems to [be] the correct inference from the statement in the Preliminary Act of the Saturn that when first seen, two minutes, that is after passing the Hochow, the Newchwang bore of a point off the Saturn's starboard bow from the admission by Counsel for the United States in the course of the oral argument that it was the duty of the Saturn to keep out of the way of the Newchwang, from the evidence of her captain (“I sighted light on starboard bow 1 to of a point”), and also from the captain's admission that after passing the Hoihow, he resumed his course, which was South by East and then saw the Newchwang's red light. This would have been impossible unless he had crossed her bow from starboard to port. On the other hand the consistent evidence of those on the Newchwang is to the effect that they first saw the green light of the Saturn on their starboard bow, the Newchwang's course then being North 2° West Magnetic, and that subsequent to that the Newchwang starboarded to clear a junk and did not go back on her course, so that she was getting further away from the Saturn.

As soon (as) the Saturn sighted the side lights of the Newchwang, i. e., two minutes before the collision, and came to starboard she blew her whistle and reversed her engines. But the collision was already inevitable.

On her side the Newchwang tried to minimize the collision by coming to port, but that proved to be useless and the two ships struck at about right angles.

II. As to the liability:

It is clear that a good lookout was not kept on board the Saturn from the fact that though more than twenty minutes before the collision she was sighted by the Newchwang, at about six miles distance, she herself did not report the Newchwang until four minutes before the collision when the two ships were only 11 miles apart-and from the fact that she did not report any light of the other steamer, the Hoihow, which was passed a few minutes before the collision.

If a good lookout had been kept, the Saturn would have sighted the Hoihow, and, behind her, the Newchwang, and after passing the Hoihow she would have kept clear of the second steamer. Instead of that, the Saturn not having reported the Hoihow, passed her under circumstances of some peril, and having passed her, resumed her course, so that she came upon the Newchwang under similar but more dangerous conditions, too late for either ship to avoid an accident.

Accordingly the Saturn must be held to be to blame, 1st, for having neglected to keep a good lookout; 2d, for having resumed her course after passing the Hoihow, when she ought to have known that another steamer was following; and 3d, for having manoeuvred too late and render the collision unavoidable.

As to the Newchwang, the United States Naval Inquiry blamed that ship, 1st, for not having answered the Saturn's starboarding whistle. cording to the Rules of the Road no answering whistle ought to have been given by the Newchwang unless she was going to alter her course. It is true that this is not the American rule, but on the high seas the American rule does not apply to a foreign vessel; 2d, for not having stopped and reversed her engines; but evidence has shown that she did; 3d, for having her red light burning dimly; but the evidence has shown that it was burning brightly; 4th, at all events for not entering into conversation before the collision, and for striking nearly at right angles; but the Newchwang's manoeuvre at that moment was a desperate endeavor to minimize, if possible, the effect of a collision which had been rendered unavoidable by the inexplicable action of the Saturn.

The Newchwang appears to have kept a proper lookout. When she sighted the Saturn on her port bow, she had only to keep her course in order to pass port to port according to the Rules; and her manoeuvring when the collision was inevitable was merely as has been said a desperate attempt to minimize its effect and cannot be imputed to her as a fault.

III. As to the amount of liability:

The British Government claims not only the amount of the damage suffered by the Newchwang and the cost of her repair, but also the various expenses entailed by the action brought by the United States before the Shanghai Court.

It may be that the item for legal expenses might have been claimed in an appeal from the Shanghai decision. But this Tribunal has not to deal with such appeal, and has no authority either to reverse or affirm that decision or to deal with damages arising out of the action brought by the United States. It is true that such expenses are damages indirectly consequent to the collision; but it is a well known principle of the law of damages that causa proxima non remota inspicitur.

As to the amount directly arising from the collision, the British Government claim for £1,612 as loss of profit and expenses during the time of repair. But no sufficient evidence is adduced to prove the loss alleged and the compensation for the deprivation of use must be computed according to the ordinary rule of demurrage at 4d per ton gross tonnage, that will be for 894 tons, the Newchwang's gross tonnage, a sum of £774/16/0 for fifty-two days. According to the account of Farnham, Boyd & Co., Ltd., for executing repairs, the amount of those repairs was Taels 19,251.10, i.e., £2,401/7/6.

As to the interest, it appears in the evidence that a communication was made to the Department of State by the British Embassy at Washington in relation to this matter. (British Memorial, p. 61), but as a copy of that communication has not been produced the Tribunal is not in a position to say whether or not it was an official presentation of this claim, or to ascertain the date of the communication, and consequently the Tribunal is unable to decide on the question of interest.

FOR THESE REASONS The Tribunal decides that the United States Government shall pay to the British Government the sum of Three thousand one hundred and seventysix pounds, three shillings and six pence (£3,176/3/6) on behalf of the China Navigation Company, Limited, owner of the S/S Newchwang.

The President of the Tribunal,

HENRI FROMAGEOT.

IN THE MATTER OF THE KATE

CLAIM No. 28

Decision rendered December 9, 1921

This is a claim presented by His Britannic Majesty's Government for $4,044.75 and interest for damages for the seizure and detention of the ship, cargo, officers and men of the British schooner Kate by the United States steamer Perry on August 26, 1896.

The Kate, a schooner of 58.11 tons gross, was a British ship registered at the Port of Victoria, B. C.; her owners were Henry F. Bishop and Samuel Williams, native British subjects, and Otto F. Buckholz, a naturalized Canadian, having been born in Germany. By charter party dated December 20, 1895, the Kate was chartered for the full season of 1896 for a sealing voyage in the waters of the North Pacific Ocean and Behring Sea by Carl G. Stromgren, a naturalized Canadian, having been born in Sweden; Emil Ramlose, also a naturalized Canadian, having been born in Denmark, and James Cessford, a native Canadian. Under the terms of the charter party, the charterers had to provision and equip the vessel, and one-fifth of the entire catch of skins for the season was to be paid to the owners. (British Memorial, pp. 4, 21, 22.)

On January 15, 1896, the Kate left the Port of Victoria, B. C., and sailed on her sealing voyage in the North Pacific Ocean. She was manned by Stromgren as master, Ramlose as mate, and Cessford as second mate, and four seamen and twenty-five Indians (British Memorial, pp. 23, 24), and had twelve canoes (British Memorial, p. 9).

On August 23rd, an officer from the United States cutter Rush boarded the Kate and overhauled the skins. (British Memorial, pp. 3, 24.)

On August 26th, 1896, the Kate, while in Latitude 57° 33' N., Longitude 172° 53' W., was boarded by an officer from the United States Revenue Cutter Perry, and seized, and the following entry was made in her log book:

Seized this day the British schr. Kate for having on board two (2) fur seal skins bearing evidence of having been shot in Behring Sea. (British Memorial, p. 25.)

At the same time the Captain of the Perry gave the master of the Kate a document (British Memorial, p. 6), reading as follows:

U. S. Revenue Cutter Service, Steamer ‘Perry,'
Port, At Sea, Lat. 57.33 N., Long. 172.53 W.

August 26, 1896. I, H. D. Smith, a captain of the Revenue Cutter Service of the United States, commanding the United States steamer ‘Perry, declare that the British schooner 'Kate' of Victoria, whereof Stromgren is master, was this 26th day of August, 1896, boarded by Lieutenant F. J. Haake, R. S. C., who reported to me that said vessel had contravened the provisions of the Behring Sea Award Act, 1894. The following evidence, found upon search, is relied upon to prove such violation of law:

The aforesaid British schooner ‘Kate' was found cruising within the area of the Award on the date given, namely, August 26, 1896, in Latitude 57.33 N., Longitude 172.53 W., from Greenwich, having on board two (2) fur seal skins bearing evidence of having been shot in the Behring Sea.

Having reason to believe, from the evidence cited, that the aforesaid British schooner ‘Kate' had contravened the Behring Sea Award Act, 1894, in the following particulars, to wit: In having on board two (2) fur seal skins bearing evidence of having been shot in Behring Sea in violation of said Act and Article 6 of the Regulations of the Paris Award, incorporated in said Behring Sea Award Act, 1894, I have this day seized the aforesaid British schooner ‘Kate,' her tackle and cargo, by authority of said Act and Ordersin-Council issued thereunder.

H. D. SMITH,
Captain, R. S. C.,

Commanding. The Perry took the Kate in tow and on August 29, 1896, arrived in Dutch Harbor at Unalaska, and a few hours later the master of the Kate was informed that she was released by order of the United States Commanding Officer of the Behring Sea Patrol, and the following entry was made in her log:

Released this day the Br. Sch. 'Kate' by order of Capt. C. L. Hooper, Commanding Behring Sea Patrol; she not having any guns on board.

pair. But no sufficient evidence is adduced to prove the loss alleged and the compensation for the deprivation of use must be computed according to the ordinary rule of demurrage at 4d per ton gross tonnage, that will be for 894 tons, the Newchwang's gross tonnage, a sum of £774/16/0 for fifty-two days. According to the account of Farnham, Boyd & Co., Ltd., for executing repairs, the amount of those repairs was Taels 19,251.10, i.e., £2,401/7/6.

As to the interest, it appears in the evidence that a communication was made to the Department of State by the British Embassy at Washington in relation to this matter. (British Memorial, p. 61), but as a copy of that communication has not been produced the Tribunal is not in a position to say whether or not it was an official presentation of this claim, or to ascertain the date of the communication, and consequently the Tribunal is unable to decide on the question of interest.

FOR THESE REASONS

The Tribunal decides that the United States Government shall pay to the British Government the sum of Three thousand one hundred and seventysix pounds, three shillings and six pence (£3,176/3/6) on behalf of the China Navigation Company, Limited, owner of the S/S Newchwang.

The President of the Tribunal,

HENRI FROMAGEOT.

IN THE MATTER OF THE KATE

CLAIM No. 28

Decision rendered December 9, 1921

This is a claim presented by His Britannic Majesty's Government for $4,044.75 and interest for damages for the seizure and detention of the ship, cargo, officers and men of the British schooner Kate by the United States steamer Perry on August 26, 1896.

The Kate, a schooner of 58.11 tons gross, was a British ship registered at the Port of Victoria, B. C.; her owners were Henry F. Bishop and Samuel Williams, native British subjects, and Otto F. Buckholz, a naturalized Canadian, having been born in Germany. By charter party dated December 20, 1895, the Kate was chartered for the full season of 1896 for a sealing voyage in the waters of the North Pacific Ocean and Behring Sea by Carl G. Stromgren, a naturalized Canadian, having been born in Sweden; Emil Ramlose, also a naturalized Canadian, having been born in Denmark, and James Cessford, a native Canadian. Under the terms of the charter party, the charterers had to provision and equip the vessel, and one-fifth of the entire catch of skins for the season was to be paid to the owners.

(Briti Memorial, pp. 4, 21, 22.)

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