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Wherever you legislate for exceptional cases you simply create the exceptional cases. It seems to me that when a master is in a position which has just been described he will naturally make noises and show lights, and all the legislation to the contrary would not prevent him from doing so if he were in imminent danger. In addition to that, would not an article like this seem to justify him in not taking the precautions laid down in the rules for preventing collisions at sea ? Would he not be likely to depend upon this action at the last moment! I grant you that in frequented waters, where they are constantly on the lookout, a man might not do this —

Mr. HALL (Great Britain). Mr. President, I beg the pardon of my learned friend, but such a principle as this has already been adopted by the Conference, and the whole question is as to the nature of the signal. We have already adopted the principle. I hope he will forgive me for calling his attention to the fact, as I do not think we had the pleasure of his presence at the board the other day when this principle was adopted.

Mr. CARTER (Hawaii). Mr. President, I am obliged to the learned delegate for calling this to my attention.

Mr. GOODRICH (United States). Mr. President, will my friend allow me to call attention to the fact that the committee have added new words which justify amendment and discussion.

Mr. HALL (Great Britain). But not as to the principle.

Mr. GOODRICH (United States). The committee have added new words.

Admiral NARES (Great Britain). Mr. President, allow me to say that we were obliged to transpose the words to attract attention” from the last part of the article to where they are now. It came to us with the words to attract attention” at the end of the article and we have transposed them because we had to put in there a provision that it should not be mistaken for a distress signal, and we could not leave the words " to attract attention” at the end.

Mr. HALL (Great Britain). Mr. President, I confess that I can not understand why the mere transposition of words could be understood to in any way change the principle of the rule. The principle las been carried. The only question now is whether the flare-up light is the best signal that can be given. Now, may I just say a few words in reply to the remarks of the learned delegate from the United States. He says that this light ought not to be used except under exceptional circumstances, and why not put in the words he proposes. The words o if necessary” were inserted at the time the rule was under discussion, because it was pointed out that this light might possibly be shown when there were no circumstances which made it possible or necessary to show it. Now I have waited to hear whether or not there is any reason to apprehend that this light will be shown too frequently. The learned delegate from tbe United States says that the vessels on his coast would

not carry the side lights if they could show this light, but we are legis. lating for careful mariners, and not for men who break the rules. We are legislating for the men who keep the rules and who want to attract attention to themselves.

The learned delegate from the United States takes as an illustration a steamer going 15 miles an hour and a sailing vessel 5 miles an hour, and he says that the sailing vessel when she sees a steamer coming down upon her changes her course. He says that the courts have decided that she has a right to do it. All I can say is this, that if a steamer has such a grossly bad lookout or is so careless as to come so near to the sailing vessel as to drive her into changing her course, at such a time, the courts will excuse ber and the steamer will be guilty of the greatest negligence. But when a sailing vessel sees a ves. sel coming down upon her which is apparently guilty of the grossest negligence why should she not be able to say to her? “Here I am;" and to burn a flare-up light?

Mr. FLOOD (Norway). Mr. President, I simply want to state that I should be very sorry if this rule should be altered in the way it stands here. It has been stated by the learned delegate from the United States that it should be used in case of an emergency, and that there were no other cases before for showing a flare-up light. I think that there are other occasions to show this flare-up light. We have adopted rules in behalf of vessels laying telegraph cables. Might it not be necessary for them, to make an approaching vessel know what they are doing, to show a flare-up light, and to show how she must go to avoid getting into the cable! I will also remind you that besides the admiralty courts we have another court, the court of humanity. Suppose there is a man overboard! I want to use the flare-up light then. There are other occasions when it may be necessary; for instance, in saving a clisabled or wrecked vessel, or taking wrecked sailors from a vessel; and the flare-up light is continually used under such circunstances. So I think the flare-up light should be used when necessary in order to attract attention. I think that language will cover all emergencies into which a seafaring man can come; but if we insert these words “to prevent collision” we will get into the soup.

The PRESIDENT. The question is upon the amendment of the delegate from the United States to Article which will be read.

The amendment is as follows:

“ Insert in the first line after the word attention the following words: To prevent risk of collision."

The PRESIDENT. Is the Conference ready for the question ?

The question was put to the Conference upon the amendment, and it was lost.

The PRESIDENT. The amendment is lost. The question now is upon Article The Secretary will please read it as it now stands.

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Article – is as follows:

“ ARTICLE – Every ship may, if necessary in order to attract atten. tion, in addition to the lights which she is by these regulations required to carry, show a flare up-light or use any detonating sigual that can not be mistaken for a distress signal.”

The PRESIDENT. Is the Conference ready for the question ?

Lieutenant BEAUGENCY (Chili). Mr. President, I desire to offer an amendment so that it will read “any efficient detonating signal."

Captain MALMBERG (Sweden). Mr. President, may I ask who is to decide upon the efficiency of such a signal!

The PRESIDENT. Is the Conference ready for the question upon the amendment of the delegate from Chili to introduce the word “ efficient” after the word “

any The question was put to the Conference upon the amendment of the delegate from Chili, and the amendment was lost.

The PRESIDENT. The question now is upon the amendment. The Secretary will please read the amendment as it stands.

Article - is as follows:

“ARTICLE — Every ship may, if necessary, in order to attract attention, in addition to the lights which she is by these regulations required to carry, show a flare-up light or use any detonating signal that can not be mistaken for a distress signal.”

The PRESIDENT. Is the Conference ready for the question ? The question was put to the Conference upon the adoption of Article - and it was adopted.

The PRESIDENT. The next subject for consideration is Article 27. The Secretary will please read Article 27.

“ART. 27. When a ship is in distress and requires assistance from other ships or from the shore the following shall be the signals to be used or displayed by her, either together or separately; that is to say:

“In the day time-
"1. A gun fired at intervals of about a minute.
“2. The international code signal of distress indicated by N. C.

“3. The distant signal, consisting of a square flag, having either above or below it a ball or anything resembling a ball.

“4. Rockets or shells bursting in the air with a loud report, and throwing stars of any color or description, fired one at a time, at short intervals.

“5. A continuous sounding with any fog-signal apparatus."

Admiral NARES (Great Britain). Mr. President, I do not know whether it will be convenient to take up the day signals first. I think it would clear the ground quicker, if there is no opposition, to take the day signals, as we could argue it better.

The PRESIDENT. If there is no objection the day signals will be considered first.

Admiral NARES (Great Britain). Mr. President, I may say that in the additions we have put in about ohells burstiug in the air with a loyd report

and a continuous sounding with any fog apparatus we were practically adopting the four proposals that were put before the Conference, which were referred to the Sound:Signal Committee, as additions to these distress signals. The shells bursting in the air with a loud report and throwing stars of any color comes into the day signals. That means that a vessel need only have one kind of shell or rocket on board. We do not want to require her to have different kinds of rockets. Practically all the rockets make a noise in bursting, and practically in bursting they throw out flame. So we combined the signal and provided for shells bursting in the air with a loud report and throwing stars. Then in regard to the fifth signal, the continuous sounding on any fog-signal apparatus, that practically came up in this way—there was a wreck in the channel and the poor fellow could not make any particular noise to attract the life-boat from the shore. The main point is that these distress signals are only made in case of necessity, and if any one of them is made, the person making them becomes liable for salvage and assistance. That has been the rule. So in adopting these two signals it is distinctly understood that they are distress signals and that the person making them does not only mean I want ordinary assistance, but that he wants decided assistance, and any person going off in his life-boat or in his vessel gets a certain payment.

The PRESIDENT. Article 27, the signals for the day-time, is now before the Conference.

Admiral NARES (Great Britain). Mr. President, I have a question handed to me in writing.

Mr. GOODRICH. (United States). Mr. President, may I occupy a moment of the time of the Conference while the committee is considering that question ! Will the members of the Conference, each one of them, send to the Secretary his bome address so that the list of delegates may be printed, with their home addresses I do not mean the Washington address; I mean their home residence and address.

Admiral NARES (Great Britian). Mr. President, the delegate from Japan pointed out that he wants to put in the words "lights or signs." I think it will be taken for granted that stars would include throwing out flames and lights, and so this rocket bursts and makes a noise and it makes a light at the same time. Therefore, in the day-time we would hear the noise and in the night-time see the flame. It is in one article to combine the two purposes. I do not think the Sound-Signal Committee are quite prepared to alter the word “stars."

The PRESIDENT. Is the Conference ready for the question upon the first, second, third, fourth, and fifth signals to be used in the day-time !

The question upon the adoption of the five signals in Article 27 for use in the day-time was put to the Conference and carried.

The PRESIDENT. The Secretary will please read the siguals under Article 27, to be used at night.

“At night
"1. A gun fired at intervals of about a minute.

“ 2. Flames on the ship (as from a burning tar-barrel, oil-barrel, etc.). "3. Rockets or shells, as described under day signal. " 4. A continuous sounding with any fog-signal apparatus." The PRESIDENT. Is the Conference ready for the question ?

The question was put to the Conference upon the adoption of first, second, third, and fourth signals to be used at night under Article 27, and they were adopted.

Mr. GOODRICH (United States). Mr. President, although the hour for adjournment has almost arrived, if the Conference will permit us to go over these rules for a moment, I think we can adjourn without reassembling this afternoon.

Admiral NARES (Great Britain). Mr. President, I may say on the part of the Sound-Signal Committee that we are quite willing to refer the pilot signal to the combined committee, to report upon them, if the Conference sball see fit to do so. It was our duty to point out that there was a fog signal wanting for a vessel asking for a pilot and we have done our duty in pointing it out.

The PRESIDENT. What is the motion of the delegate from Great Britain ?

Mr. HALL (Great Britain). Mr. President, the motion of wbich I gave notice is this: I will preface it by saying that this signal has nothing whatever to do with the rules of the road at sea; but it is possible that we ought to clothe the committee which is to deal with general division No. 8 with authority to deal with sound-signals, as it is pointed out that there is a doubt whether that comes within the scope of their reference. I therefore move that Committee No. 2 be requested to consider with General Division 8 the question of pilot signals and to confer with the Sound-Signal Committee thereon.

Captain SAMPSON (United States). I second the motion.

Mr. CARTER (Hawaii). Mr. President, I am sorry that this vote is going to be taken just at this moment, when the Conference is about to break up and when they would undoubtedly like to put this work on the committee and go home feeling that they had discharged their duty. Of course I abide by the decision of the Conference, but I would have been very glad if before this was sent to the committee a test vote could have been taken in the Conference. Of course I see that it is impossible to do it now before we adjourn for lunch. When is it intended that the Conference shall meet again?

Mr. GOODRICH (United States). Mr. President, I suppose there is no reason why the Conference should not adjourn presently for several days—until Monday, perhaps.

Mr. CARTER (Hawaii). Mr. President, then I suppose it may be considered that this will be a test vote and that those who are in favor of referring this matter to the committee are opposed to any test vote being taken on principle, and those who vote against it are in favor of baving a vote taken before it goes to the committee,

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