It does not apply, by day, to cases in which a ship sees another ahead crossing her own course; or, by night, to cases where the red light of one ship is opposed to the red light of the other, or where the green light of one ship is opposed to the green light of the other, or where a red light without a green light, or a green light without a red light, is seen ahead, or where both green and red lights are seen anywhere but ahead. ARTICLE 16. If two ships under steam are crossing, so as to involve risk of collision, the ship which has the other on her own starboard side shall keep out of the way of the other. ARTICLE 17. If two ships, one of which is a sailing-ship and the other steamship, are proceeding in such directions as to involve risk of collision, the steamship shall keep out of the way of the sailing-ship. ARTICLE 18. Every steamship, when approaching another ship, so as to involve risk of collision, shall slacken her speed or stop and reverse if necessary. ARTICLE 19. In taking any course authorized or required by these regulations, a steamship under way may indicate that course to any other ship which she has in sight by the following signals on her steam-whistle, viz: One short blast to mean "I am directing my course to starboard." Two short blasts to mean "I am directing my course to port." Three short blasts to mean "I am going full speed astern." The use of these signals is optional; but if they are used the course of the ship must be in accordance with the signal made. ARTICLE 20. Notwithstanding anything contained in any preceding article, every ship, whether a sailing-ship or a steamship, overtaking another, shall keep out of the way of the overtaken ship. ARTICLE 21. In narrow channels every steamship shall, when it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard side of such ship. ARTICLE 22. Where, by the above rules, one of two ships is to keep out of the way, the other shall keep her course. ARTICLE 23. In obeying and construing these rules due regard shall be had to all dangers of navigation, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger. ARTICLE 24. No ship, under any circumstances, to neglect proper precautions. Nothing in these rules shall exonerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. ARTICLE 25. Reservation of rules for harbors and inland navigation. Nothing in these rules shall interfere with the operation of a special rule, duly made by local authority, relative to the navigation of any harbor, river, or inland navigation. ARTICLE 26. Special lights for squadrons and convoys. Nothing in these rules shall interfere with the operation of any special rules made by the government of any nation with respect to additional station and signal lights for two or more ships of war or for ships sailing under convoy. MARCH 8, 1880.-Referred to the Committee on Military Affairs and ordered to be printed. WAR DEPARTMENT, Washington City, March 6, 1880. SIR: I have the honor to renew my recommendation of the 13th ultimo, that the papers then transmitted to the House of Representatives be printed. The said papers were full transcripts from departmental records of the facts then found relative to the claim of George Williams, were furnished in accordance with House resolutions of Jannary 14 and 20, 1880, and were laid before the House and referred to the Committee on Claims on the 20th ultimo. This last-mentioned fact appears on page 13 of the Congressional Record, No. 50, February 21, 1880. ALEX. RAMSEY, Secretary of War. To the SPEAKER of the House of Representatives. WAR DEPARTMENT, Washington City, February 13, 1880. SIR: I have the honor to transmit to the House of Representatives, in compliance with its resolutions dated January 14 and 20, 1880, certified copies of all papers called for in said resolutions, found in this office and the Treasury Department, touching the payment of a claim under the provisions of an act approved January 13, 1879, for the relief of George Williams. It is recommended that these papers be printed in document form in the order designated on the accompanying list. To the SPEAKER of the House of Representatives, ALEX. RAMSEY, LIST OF PAPERS. 1. War Department certificate, January 27, 1880, papers 1 to 5. 2. Act approved January 13, 1879. 3. Office memorandum of Bvt. Capt. Thomas H. Bradley, January 23, 1879 4. Indorsement of the Secretary of War, not dated. 5. Report of Chief Clerk H. T. Crosby, not dated. 6. Treasury Department certificate, February 10, 1880, papers 6 to 50. 7. Special Orders, No. 56, A. G. O.-Order convening board, March 10, 1879. 8. Special Orders, No. 60, A. G. O.—Order amending first order, March 13, 1879. 9. Letter of president of board of engineers, April 9, 1879. 10. Report of board, April 9, 1879. 11. Extract from Capt. W. R. King's report, March 27, 1879. 12. Affidavit of C. L. Williams, April 5, 1879. 13. Pamphlet of Williams, Exhibit A, including copies of contracts between M. G. Kennedy and Major McFarland, dated December 13, 1875; George Williams and McFarland, March 13, 1876; George Williams and Captain King, October 14, 1876. 14. Abstract of disbursements, Exhibit B. 15. Analysis of disbursements, as shown by Exhibit B. 16. Indorsement of Secretary of War, April 11, 1879. 17. C. L. Williams's affidavit, April 17, 1879. 18. C. L. Williams's affidavit, April 17, 1879. 19. Indorsement of Secretary of War, April 17, 1879. 20. Report of Chief of Engineers, May 3, 1879. 21. Report of Capt. W. R. King, Corps of Engineers, April 26, 1879. 22. Inclosure 1 to King's report. 23. Inclosure 2 to King's report. 24. Inclosure 3 to King's report. 25. Table of bids for sections, marked BB. 26. Table of bids for locks, marked CC. AA. 27. Indorsement of Secretary of War to Judge-Advocate-General, May 5, 1879. 28. Report Judge-Advocate-General, May 9, 1879. 29. C. L. Williams's letter, May 15, 1879. 30. C. L. Williams's statement, not dated. 31. Indorsement of Secretary of War, reference to two senior members of the board, May 21, 1879. 32. Affidavit of C. L. Williams, June 10, 1879. 33. Inclosure to Williams's affidavit, May 8, 1879. 34. Inclosure to Williams's affidavit, May 16, 1879. 35. Inclosure to Williams's affidavit, May 17, 1879. 36. Inclosure to Williams's affidavit, May 19, 1879. 37. Inclosure to Williams's affidavit, May 27, 1879. 38. Inclosure to Williams's affidavit, May 31, 1879. 39. Report of two senior members of the board, June 10, 1879. 40. Memoranda of Secretary of War, June 24, 1879. 41. Approval of award of board by Secretary of War, June 24, 1879. 42. Report of Senate Committee on Military Affairs, June 7, 1878. 43. Copy of Senate bill 1244. 44. Settlement certificate of June 27, 1879. 45. Letter of Chief Clerk Crosby to Third Auditor, June 28, 1879. 46. Indorsement of Chief Clerk Crosby to Chief of Engineers, June 28, 1879. 47. Indorsement of Chief of Engineers to Secretary of War, June 30, 1879. 48. Indorsement of Chief Clerk Crosby to Third Auditor, July 1, 1879. 49. Letter of Chief of Engineers to Third Auditor, August 4, 1879. 50. Request of Second Comptroller, not dated. 51. War Department certificate, January 27, 1880, papers 51 to 61, inclusive. 52. Hon. G. G. Dibrell to Secretary of War, September 24, 1879. 53. Hon. G. G. Dibrell to Chief of Engineers, September 29, 1879. 54. Chief of Engineers to Secretary of War, October 3, 1879. 55. Capt. Thomas H. Bradley, report, October 23, 1879. 56. Exhibit A to Bradley's report. 57. Exhibit B to Bradley's report. 59. Exhibit C to Bradley's report. 59. Exhibit D to Bradley's report. 60. Secretary of War to Hon. G. G. Dibrell, November 6, 1879. 61. Second Comptroller to Secretary of War, December 2, 1879. 62. House resolution, January 14, 1880. 63. War Department reference to Third Auditor, January 16, 1880. No. 1. UNITED STATES OF AMERICA: WAR DEPARTMENT, Washington City, January 27, 1880. Pursuant to section 882 of the Revised Statutes, I hereby certify that the annexed [SEAL.] No. 2. ALEX. RAMSEY, AN ACT for the relief of the legal representatives of George Williams, deceased. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and is hereby, authorized to adjust and settle, upon just and equitable terms, the claim of George Williams for balance due for building locks two, three, and four, of Muscle Shoals Canal, on Tennessee River, and on a contract for section work, done under power of attorney from Matthew G. Kennedy: Provided, That in making said settlement the said Secretary of War shall not allow the legal representatives of said George Williams, deceased, more than his actual expenditures, with reasonable compensation for the use of tools and for money advanced in the prosecution of said work: And provided further, That no allowance or payment shall be made under this act except in pursuance of a recommendation of a board of not less than three engineers, to be appointed by the Secretary of War to inquire into and report upon the character and value of the work done and the merits of the claim. Approved January 13, 1879. No. 3. WAR DEPARTMENT, DIVISION OF REQUISITIONS AND ACCOUNTS, January 23, 1879. Regarding an act for the relief of the legal representatives of George Williams, deceased, approved January 13, 1879. Question. Is there any appropriation subject to the requisition of the Secretary of War from which the claim can be paid? Opinion. The appropriation for improving Tennessee River is available for the purpose. (See 19 Stat., 138; 20 Stat., 154; and Digest 1879, p. 105.) Balance on hand, $337,000. For the SECRETARY OF WAR. THOS. H. BRADLEY, Bvt. Capt. U. S. A. No. 4. [Endorsement on above.] Mr. CROSBY: Please look into this matter a little more fully and make report, citing precedents, if any. It will not be acted on for ten days. G. W. M. No. 5. In the matter of the claim of George Williams, of Keokuk, Iowa. This claim is for work done and expenses incurred on the Muscle Shoals Canal and Jorks on the Tennessee River. It was presented originally to the Engineer Department, but that department decided adversely to its merits, principally upon the ground that, upon the basis of the contract alone, a fair and just settlement had already been made; but the Committee on Claims of the House of Representatives, upon full consideration of all the facts, reported upon it favorably, and an act was passed by Congress giving the Secretary of War authority to "adjust and settle, upon just and equitable terms, the claim, after a favorable report of a board of three engineer officers, to be appointed by the Secretary of War, to inquire into and report upon the character of the work and the merits of the claim." This report has been made and approved by the Secretary of War, in conformity to the law, the claimant being awarded a sum of $ The claim is made upon the appropriation for the work (title of appropriation, "Improving Tennessee River"), being for "actual expenditures" made, "compensation for tools," and "money advanced" for the building of certain locks and in the prosecution of work upon the same for the Engineer Department, for the Muscle Shoals Canal. The appropriation for the work mentioned is made in the river and harbor appropriation acts for several years past, and is what is technically designated as a "no limit appropriation"; that is, not confined to any one fiscal year, but available for any year during which the work may be in progress and until its completion. An analogous case as to the proper mode of payment is found in the settlement of the claim of Mr. N. G. Thom, a contractor with the Engineer Department, for building hull and a portion of the upper works of an iron snagboat, under contract dated February 5, 1873. There was no specific appropriation for the boat, but it was to be paid for out of the appropriation for improving the Mississippi, Missouri, and Arkansas Rivers, as a necessary means to carry on that work. Mr. Thom agreed to complete the building and delivering of the hull and a portion of the upper works of the boat on or before September 30, 1873, according to certain specifications and drawings, &c., or forfeit for each day's delay beyond the time specified, for which no just or acceptable excuse could be shown, the sum of $100 per day. He did not complete the work until 111 days after the expiration of his contract, and was charged with $11,100 forfeiture, deducted by Major Suter. He also claimed an allowance for extra work and material over and above the amount allowed by Major Suter, under the terms of the contract. A board of engineer officers was, by direction of the Secretary of War, ordered to investigate and report upon the claim. Their report was favorable to the claimant in respect to the excuse he offered for not delivering the boat in time, and recommended that the sum deducted be paid, but upon the extra work and material, about which Major Suter held the contractor had been paid according to contract, the board recommended an additional allowance to him of $7,008.75, for the reason "that it would be just to give the contractor the benefit of the doubt in all cases where the work was not distinctly called for by the specifications or by the drawings which were furnished when the contract was let." Total allowance, $18,108.75. The Chief of Engineers thereupon recommended "that Major Suter be authorized to pay to Mr. Thom the above sum," &c., which recommendation was approved by the Secretary of War, and accordingly on January 3rd, 1876 (that is, about three years after the expiration of the contract), the Chief of Engineers drew his request for requisition for said amount, upon the "appropriation for improving the Mississippi and Missouri Rivers," in favor of Major Suter, who paid the amount, as per voucher on file with his account with the Third Auditor, in February, 1876. The requisition of the Secretary of War was dated January 5, 1876, and the money remitted to Major Suter February 3, 1876, from the appropriation aforesaid, and paid by the latter. Respectfully submitted. No. 6. UNITED STATES OF AMERICA : H. T. CROSBY, TREASURY DEpartment, Pursuant to section 882 of the Revised Statutes, I hereby certify that the annexed are true copies of papers in the claim of C. L. Williams, administrator of George Williams, on file in this department. In witness whereof I have hereunto set my hand and caused the seal of the Treasury Department to be affixed, on the day and year first above written. [SEAL.] JOHN SHERMAN, Secretary of the Treasury. |