Page:Federal Reporter, 1st Series, Volume 10.djvu/312

 300 FEDERAL REPORTER. �of opinion on the question whether a steamer having a tow and run- ning aground in a public thoroughfare for vessels should continue to exhibit the two white vertical lights, according to the requirements of the fourth rule, or the single white light prescribed by the tenth rule for all vessels lying at anchor in roadsteads. AU the pilota who were interrogated on the subject by the libellants considered it their duty to leave the two lights up after grounding, and all who were examined by the claimants were equally positive that custom and good naviga- tion demanded that one should be taken down. �T get quite as little information from any judicial constructionj The fourth and tenth rules, as they appear in section 4233, were originally enacted by congress as the fourth and seventh, in the act of April 29, 1864, (13 St. at Large, 59,) and, if possible,, must be so construed that both may stand. The fourth prescribes the proper lights for steam-vessels "when towing other vessels;" the tenth, the light that must be exhibited by all vessels, whether steam or sail- veseels, "when lying at anchor in roadsteads or fair-ways." In the one case, there must be "two bright white mast-head lights, vertically, in addition to their side lights." In the other, "a white light in a globular lantern at a height not exceeding 20 feet above the hull." �There is mueh force in the suggestion of the advocates of the libel- lants, that the object and purpose of the fourth rule is disclosed in the rule itself. Why should steam-vessels, when towing other ves- sels, carry two white vertical lights ? The rule says, "to distinguish them from other steam-vessels," and not to show that they are in motion. It is important that they should be distinguished from other vessels, from the fact that a steamer with a tow is more helpless and unwieldly than one not thus encumbered, and more care is demanded on the part of vessels meeting or passing them. The rule was adopted from the English act, and support is given to this construction by the observations of Sir Eobert Collier, in the case of The American and the Syria, L. E. C. P. C. 131. Speaking fOr their lordships in privy council, on appeal, and considering the provisions of the rule, he said : �"In 1863 an additional article [the rule in question] was promulgated, requiring the towing steamer to exliibit two white lights instead cl one; doubtless for the purpose of warning all approaching vessels that she was encumbered, and not in all respects mistress of her movements." �But while this was, without doubt, one purpose of the rule, it is not, in my judgment, the only purpose. It is fairly to be inferred ��� �