46 · FEDERAL REPORTER. ,
tract until it_ should acquiesce in their demand, to the great bin-
drance, inconvenience, vexation, and possible loss of the public. The
transmission of the mail from place to place throughout the civilized
world with certainty and celerity is one of the greatest and most
useful labors of modern society. And it cannot be admitted fora
moment that a great overland link in this endless chain of communi-
_ cation and intelligence can be broken for days to allow a mob of dis-
charged railway laborers to coerce a railway company into giving
them a free ride of 200 or more miles. V
In contemplation of law, upon the facts stated, the defendant is
` guilty as charged in the information. The maximum punishment
for this offense is only $100 ine. Why so serious a matter as this
may be, is so limited in punishment, as compared with other crimes .
of no greater moral turpitude or inconvenience to the public, it is im-
possible to say. But taking this measure of punishment for my
guide, and considering that the defendant has practically declined to
make any contest in the premises, he is sentenced to pay a line of
$25 and to stand committed to the jail of this county untilthe same
is paid or he is by law discharged therefrom.
° Tm: Pmcssus}
Welrcult Court, D. Clonnceticut. January 7, 1884.)
Oormsrox-—Wrm¤ Loss Rssumme mom, Suomi: nm Dxvmsn.
Even gross fault committed by one of two vessels approaching each other
from opposite directions does not excuse the other from observing every proper
precaution to prevent a. collision; and when, if such precaution had been ob-
served, the col ision would have been avoided, the loss should be divided.
See The Maria Martin, 12 Wall. 31. *
The following are the findings of fact on this appeal: i i
(1) About half past 10 o’clock in the evening of July 21, 1882, the steam-
tug Whipple, having in tow the barge Allendale, both owned by the libelant,
lashed to her starboard side, left Jersey City, bound for pier 8, East river.
The tug and tow had all their regulation lights properly set and brightly
burning. The night was dark, but the lights were easily visible for a dis-
tance of over a mile, but her green and red lights were obscured to the view
e of any vessel bearing on the s arboardof the tug, by the barge. The tide was
running tlood. (2) As the tug and tow passed abreast of pier 1, North river,
about 100 yards off in the river, their oiiicers saw the colored lights of the Pe-
gasus, an iron steam-boat then 011 Castle William, about a mile distant. At that
time the Whipple was on a course about south, and the Pegasus was on a course
aboutinorth, or meeting respectively head and head. Thereupon the tug and
the Pegasus both commenced toswiug to the eastward in the East river, upon
‘ courses couvergingtowards each other, the tug to reach pier 8, and the steamer;
—4ilIn•E.0._1IF¤¤.B¤:r B21. ,