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The PRESIDENT. Does the delegate from Germany wish to introduce his proposition for an optional signal?

Captain MENSING (Germany). Mr. President, I have voted upon the side which I did not mean to vote for. I would like to have my motion put to a vote.

The PRESIDENT. The question would then have to be reconsidered. If the delegate from Germany would like a reconsideration of the motion, the question will be put.

Captain MENSING (Germany). Yes sir; I would ask to have that done.

The PRESIDENT. The question is upon the motion of the delegate from Germany to reconsider the vote upon the motion of the delegate from the United States.

The question upon the motion to reconsider was put to the Conference and carried.

The PRESIDENT. The question now is upon the motion of the delegate from Germany that an optional signal may be introduced for a sailing ship towing another ship.

Mr. GOODRICH (United States). Mr. President, I do not know whether the Conference fully understands that proposition.

The PRESIDENT. The question which was just put has been reconsidered. Then the delegate from Germany moved that we should have an optional signal for a sailing ship towing another ship, and the question is to be taken upon that motion.

Mr. GOODRICH (United States). Mr. President, I want to show what result would be worked out under that.

The PRESIDENT. The result would be that it will be carried or not carried, and then the question will revert to the main question.

Mr. GOODRICH (United States). Mr. President, let us see how this will work out. The Conference has already given as its opinion that no signal should be given to a sailing vessel towing another vessel. Now the proposition is to permit an optional signal, as I understand the proposition of the gallant delegate from Germany

Mr. CARTER (Hawaii). Mr. President, I do not think the learned delegate from the United States quite understands the gallant delegate from Germany, who has moved a reconsideration. He voted aye, not understanding the motion. I was, myself, about to raise a question that the way the motion was put would probably mislead some of the delegates. It being a negative question they voted aye, thinking they were voting for an affirmative proposition; but, because of the fact that they were voting for a negative proposition, they were misled. The gallant delegate from Germany was misled in giving his vote, and he asked that it might be reconsidered. Then a new motion comes in, that an optional signal is needed.

The PRESIDENT. The delegate from Germany moved before the vote was taken upon the motion of the delegate of the United States, that

this optional signal be given and that he wished to have that question opened. The Chair suggested a reconsideration of the vote so as to give the delegate from Germany an opportunity to have a vote upon his proposition.

Mr. GOODRICH (United States). Mr. President, I understand the situation precisely as the gentleman from Hawaii stated it, but the result of a vote in favor of the proposition of the gallant delegate from Germany to make an optional signal, will put us in the same position we were in before we made this last vote.

Mr. HALL (Great Britain). Mr. President, may I rise to a point of order. I think that we shall be drifting into a position of difficulty if we reconsider a question because one of the delegates voted by mistake. By all means let that delegate have an opportunity to correct that mistake and have his vote recorded on the other side; but I do not see why, when the Conference has examined the question, that question is to be re-opened because by mistake a vote was called aye instead of nay. Certainly all of us want every delegate to have his vote cast on the side on which he wants it to be. The result would be, if we followed the course which is proposed now, that whenever a division is called and an amendment is carried, we could be invited to discuss some previous proposal because one of the delegates voted wrong. That is really the position in which we are at the present moment. I am certain the gallant delegate from Germany should have an opportunity to correct his vote. That vote should be corrected; but I apprehended that the decision of the Conference is a distinct matter.

The PRESIDENT. The Chair does not so understand it. The delegate from Germany moved a reconsideration of the vote in order that he might get a test vote upon his proposition for an optional signal. The Chair gave him an opportunity to do so. Now the question is, as the Chair understands it, upon his motion that you have an optional signal for a sailing vessel towing.

Mr. GOODRICH (United States). Mr. President, that is precisely the way I understood it, and precisely the way in which the gentleman from Hawaii so clearly stated it. My suggestion is that if we want to give no special signal to a sailing vessel towing another, then we should vote no on the proposition even to give an optional signal, and that disposes of the whole question.

The PRESIDENT. The Chair wishes to bring it before the Conference in order to give the delegate from Germany an opportunity for a test vote.

Captain SAMPSON (United States). Mr. President, I call for the yeas and nays.

The PRESIDENT. The yeas and nays will be called. Will the delegate from Germany be kind enough to state what his proposition is ? Captain MENSING (Germany). I have already handed in the proposition to the Secretary.

The PRESIDENT. Do you make a special motion? Captain MENSING (Germany). Yes, sir; I make a special motion that an optional signal be introduced for use on sailing vessels towing other vessels; and I would like to add, if it is permissive, that this signal should be the same as that used by steamers.

Mr. VERNEY (Siam). Mr. President, I am very glad that the gallant delegate from Germany has just stated that, because it may make a great difference in the vote given. I personally should vote in favor of that proposition, but not of the other proposition.

Mr. HALL (Great Britain). Mr. President, I am not prepared to vote in favor of that proposition, because I can not forget the very strong arguments that were advanced this morning by the gallant delegate from Germany about the difficulty of sailing vessels giving a prolonged blast, and the great expense they would be put to if they had to get fog-horns enabling them to give a signal similar to that proposed. I shall oppose this resolution because of the difficulty, first of all, of finding such a signal, and secondly, because of the rarity of the occasions on which such a signal is required, and thirdly, because it seems possible that sailing vessels may not be able to give the signal even if they wish to do so.

Captain SAMPSON (United States). Mr. President, I hope the Conference will not adopt any such proposition, because it seems to me it is just as objectionable as to make the signal obligatory. The fog-sound signal sounded by any vessel gives her no right of way. The object is to warn an approaching vessel that she is there. Now, if you give a sailing vessel and a steamer the same signal, how is a vessel approaching to know whether that vessel has the right of way or not? If she is a sailing ship, she has, according to the previous rules, certain rights over steamers; but if you give her the same fog-signal as a steamer, you set aside the advantages which you have given her in the previous rules. Captain MENSING (Germany). Mr. President, I am very sorry I was misunderstood when I said that it was the same signal. It is in one

sense.

It is a long blast and two short, but in another sense it is not the same at all. The signal which I propose is one which is not compulsory, and the other one is compulsory. I have already twice explained this matter, and I am very sorry if I have to take up the time of the Conference again, but I suppose I will have to do so, as there seems to be no definite conception as to what I desire. If this signal which I proposed-an optional signal-should be adopted, then a vessel going in the open sea, without hearing any other fog-signals, should sound one, two, or three blasts, which are prescribed for her here under Article 12, paragraph g. Now, this certainly can have no other meaning than that if she sees another vessel coming and sees that she wants to go under her stern, which she may expect her to do, that she should warn her that there is something attached to her which will surely bring the other vessel into collision.

I do not know whether I have made myself clear; but it seems to me that there can be no doubt that a sailing vessel should have one, two, or three blasts to indicate her course in relation to the wind, and that this signal could only be used by her whenever she saw fit to do so and thought it was necessary, and whenever she thought that by blowing it it would be possible to avoid a collision. That is my proposition. I hope I have succeeded in making myself clearly understood. I am sorry to have to take up the time of the Conference with this matter. The PRESIDENT. The Secretary will please read the proposition of the delegate from Germany.

The proposition of the delegate from Germany is as follows:

"That an optional signal shall be introduced for a sailing vessel towing other vessels, and that such signal be made permissive, and to adopt the same signal for sailing vessels towing as for steamers towing."

The PRESIDENT. Upon that proposition the yeas and nays will be called.

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The PRESIDENT. Seven have voted in the affirmative and twelve in the negative; so the proposition is not carried. The question now is upon the amendment of the delegate of the United States; which will be read.

The proposition of the delegate from the United States is as follows: "In the opinion of the Conference no signal shall be given to a sailing vessel towing another vessel."

The question was put to the Conference upon the motion of the delegate from the United States, and it was carried.

The PRESIDENT. The Secretary will please read section gas it now stands.

Section g is as follows:

"(g) A steam-vessel when towing shall, and a vessel towed may if necessary, at invervals of not more than two minutes sound on a whistle, siren, or fog-horn three blasts in succession, namely, one prolonged blast followed by two short blasts."

The PRESIDENT. Is the Conference ready for the question?

Captain MENSING (Germany). Mr. President, I think that if we should adopt this we would come to the extraordinary conclusion that

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a vessel being towed by a sailing vessel would have the right to make her presence known to other vessels by giving a signal, and that the other vessel would not have that right.

The PRESIDENT. The words "sailing vessel” have been struck out. Captain MENSING (Germany). Mr. President, it reads, "and the vessel towed "-of course by a sailing vessel, as I take it.

The PRESIDENT. The words "sailing vessel" have been struck out. Captain MENSING (Germany) Mr. President, I beg your pardon. As I read it, it is a steam-vessel towing, that is the first; and a vessel towed, that is the second. Now, I take it that the vessel towed is the vessel towed by a sailing vessel.

The PRESIDENT. The Chair does not so understand it. It means a vessel being towed by a steam-vessel. The words "sailing vessel" have been erased.

Mr. HALL (Great Britain). Mr. President, to make it quite clear, it reads: A steam-vessel when towing shall, and her tow may-the Collocation Committee will deal with that.

The PRESIDENT. If there be no objection that insertion will be made. Mr. VERBRUGGHE (Belgium). Mr. President, may I point out that it was remarked this morning that the words "if necessary" inserted there will be of no avail? I should propose to strike out the words "if necessary" because if a collision should occur it will then be pointed out by the very fact of the collision that it was necessary, and it will be quite as well to leave it out entirely.

Mr. CARTER (Hawaii). Mr. President, I will point out that it would simplify the matter to say that a steam-vessel when towing a steamvessel shall

Mr. GOODRICH (United States). Mr. President, I understand that the learned delegate from Great Britain has a suggestion which would meet the suggestion of the honorable delegate from Belgium.

Mr. HALL (Great Britain). Mr. President, I think it is exceedingly simple. It reads: "A steam-vessel when towing and a vessel towed by her may." As the word "towed" comes before the words "at intervals of not more than two minutes," it would look as if the vessel towed were to give the signal and to keep on doing it every two minutes. I do not suppose that it is the desire of the committee, and therefore I think it would be better to place that at the end of the sentence in this way: "A vessel being towed by a steamer may also sound this signal." That would get over the difficulty.

Captain MALMBERG (Sweden). Mr. President, I think we have got into a difficulty here. We have provided that a steam-vessel when towing shall make with her whistle or siren such and such a signal. That is all right. Now, we have put in this signal to be made by the vessel under tow and we have got into the fog-horn trouble, because it ought to state in these rules that a steam-vessel towing shall make with her siren such and such a signal, which signal may be repeated by the

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