Page:Federal Reporter, 1st Series, Volume 1.djvu/924

 916 FEDERAL REPORTER. �of stopping, she was brought so "dangerously close" to tha bark, as the officiai log etates, when she discovered her mis- take, that the collision was then inevitable. The bark did not change her course to port by the first movement of her wheei. That movement of her wheel, if it had had soma slight eflfect, would have been excusable, because the vessel ahead did not appôar, at the time, to be a steamer, and the fog was so dense that she could not be made out. The luffing of the bark was in extremis, and after the collision had become inevitable by the fault of the steamer. �Decrees for the libellants, with oosts, and references to compute damages. ���Geeen V. Steamer Hbleh, {Diafriet Oowt, D. Ma/ryland. March 24, 1880.) �CoiiLisioN— NEauGENT Rateof Spbbd— Unlawfui, Akchobino op Ves- BEL— Damages.— Where a steamer collides with a vessel, unlawfuUy anchored in an improper and dangerous place, wJiile negligently main- taining too high a rate of speed, the damages will be equally divided. �Police Regulation — Statutobt Provision Constitutional. — An act of the legislature of the state of Maryland, (1867, e. 295,) declaring that it Bhould not be lawful to anchor any boat in a river of the state, within certian prescribed limits, in order to keep the channel f ree from obstruc- tions to navigation, is not unconstitutional, as an attempt to regulat» commerce among the several states, where such provision does not con- flict with any regulation of congiess.* �In Admiralty. �Handy d Hodson, for libellant. �Crisfield e Dennis, for claimant. �MoEKis, J. The allegations of the libellant are that hîs fichooner, the Wm. H. Eoach, 28 tons register, of Crisfield, Md., was, on the morning of the second of December, 1878, lying in the harbor of Crisfield, at anchor, in a manner not contrary to law, having on board 900 bushels of oysters; that about 5 o'clock a. m., while it was yet dark, the steamer Helen «ame upon her from the south-west, out of the usual track �*See Seerman v. Beef Slo-ugh Manvjacturing, etc.. Go., ante, 145. ��� �