Melville Fuller

“ The argument that, by reason of the difference between the two classes, the lights required as to one class would be impracticable in respect of the other, is not without force; and, indeed, on April 9, 1887, the secretary of treasury approved the conclusion of the supervising inspector general that 'the central range lights provided in rule 7, § 4233, Rev. St., are never to be used on ocean steamers, as the white light aft required by that rule would be obscured by the masts, yards, and rigging of such a steamer, and therefore useless.' Treas. ”

“ All coasting steam vessels, and steam vessels other than ferry-boats and vessels otherwise expressly provided for, navigating the bays, lakes, rivers, or other inland waters of the United States, except those mentioned in rule six, shall carry the red and green lights, as prescribed for oceangoing steamers; and, in addition thereto, a central range of two white lights; the after light being carried at an elevation of at least fifteen feet above the light at the head of the vessel. ”

“ He was thus crossing the course of the Yosemite, which was brought on the starboard. At this point the pilot of the Yosemite gave a short and distinct blast from his whistle, as required by law, as a signal of his intention to pass to the port side of the Vanderbilt, and this the pilot of the Vanderbilt answered by a similar blast, whereupon, under the rules, it became imperative for the steamers to pass to the port side of each other. The Vanderbilt was bound to go to the right after the bargain was made by the exchange of single whistles ”

“ We have not deemed it necessary to discuss the supposed bearing of the act of February 28, 1871, (16 Stat. 440, 454, c. 100,) referred to by defendant in error, or the acts of 1864, (13 Stat. 58, c. 69,) and of 1866, (14 Stat. 227, c. 234,) as substantially the same question would arise under those acts, and the obscurity, if any, is not in the revised law.
Nor have we felt called upon to refer to the act of March 3, 1885, (23 Stat. 438, c. 354,) or that of August 19, 1890, (26 Stat. 320, c. 802,) as this collision occurred in 1882. ”

“ They are not mere prudential regulations, but binding enactments, obligatory from the time that the necessity for precaution begins, and continuing so long as the means and opportunity to avoid the danger remain. ”

“ It may be added that range lights were originally required by the statute of New York of 1826. Laws N. Y. 1826, c. 222, p. 253. Side lights were not then provided for, and there were, practically, no ocean-going steamers. When colored lights were introduced, and changed conditions obtained, new rules became necessary, and were adopted. ”