Page:Federal Reporter, 1st Series, Volume 6.djvu/933

 THE MABY SHA.W. 921 �to pass to ihe right or on the port side of the other; and the pilot of either steamer may be first in determining to pursue this course, and thereupon shall give as a siginal of his inten- tion one short and distinct blast of Mb steam-whistle, which the pilot of the other steamer shall answer promptly by a sim- ilar blast of his steam-whistle, and thereupon such steamers shall pass to the right or on the port side of each other. But if the course of such steamers is so far on the starboard of each other as not to be considered by the pilots as meeting head and head, * or nearly so,' or if the vessela are approach- ing each other in such a manner that passing to the right (as above directed) is deemed unsafe by the pilot of either ves- sel, the pilot so first deciding shall immediately give two short and distinct blasts of his steam-whistle, which the pilot pf the other steamer shall answer promptly by two similar blasts of his steam-whistle, and they shall j>ass to the lef i or on the starboard side of each other." �"Eule 3. If, when steamers are approaohing /each other, the pilot of either vessel fails to understand the course or intention of the other, whether from the signais being given or answered erroneously, or from other causes, the pilot so in doubt shall immediately signify the same by giving several short and rapid blasts of the steam-whistle ! and if the yes- sels shall have approached within half a mile of each other, both shall be immediately slowed to a speed barely sufficient for steerage-way, until proper signais are given, answered, and understood, or until the vessels shall have passed each other." �The answer of the tug and the testimony of her officers attempts to set up a custom by which it is claimed the stat- utory rule is superseded. By this alleged custom they assert the rule to be that large steamers and heavy ships always take the easterly side of the ehannel, that being the side marked by buoys, and therefore the safest for them to keep to. There is no current or tide to contend with, and the only reason for such a custom would be that the depth is some- w^liat more uniform on the easterly side, and the buoys being on that side, furnish a guide for more exact steering by day- light, and that in making the turn from the Brewerlon into ��� �