Page:Federal Reporter, 1st Series, Volume 3.djvu/597

 590 TBDEBAIi BEPOBTBB. �steamer and the tug respectively, the contrary vraa maîn- tained — the learned and faithful proctors of the claimant tug charging that the steainer was solely in fault and the tug guiltless, and the no less learned and faithful proctor of the claimant steamer charging that the tug was solely in fault and the steamer guiltless. That one or the other of the two claimants (the tug and tow being regarded as one, and the tug as the one for the purposes of this cause) was to be leld responsible for the collision, was understood in effect to be conceded by the claimants themselves in their elaborate and voluminous briefs, and their no less elaborate oral state- ments and arguments ; and upon the issues thus presented •<he court is now required to announce its conclusions. Its jponclusions I emphasize, for these alone does it seem to me necessary or expedient here to set forth. An opinion with reasons, I am aware, is always a desideration on the part of ihe prevailing party, but rarely on the part of his opponent, if the cause is to be retried on appeal, as the case at bar may be. In fact, a statement in full of the process of reasoning npon fche facts and evidence which underlie those conclusions would little benefit or interest any party, as it would be nec- essarily but a review and repetition of arguments, suggestions, and recitals, substantially, if not literally, embodied in the hriefs and oral arguments of counsel at the hearing. �1. The charges of culpable fault against the Tonawanda preferred by the libellants, and earnestly pressed by the coun- sel of the steam-tug, are six in number, namely : First, in starting down the narrow and f requented channel of Provi- dence river under a full head of steam; second, in not having a bow watchman on duty; third, in not observing ordinary diligence and circumspection, but allowing a person 60 or 100 feet further aft than were the captain and mate, and not on duty, to anticipate those officers; fourth, in not heeding or answering the proper signais made by the Pawtucket ; Jifth, in not immediately signalling to stop the steamer instead of merely signalling to slow her; sixth, in porting the helm in- stead of starboardingi or at least letting her go in the course she was then on. ����