43 F. 816 -

816

DDERAL REPORTER,

vol. 48.

aM heading about north. The steamer was headi!1¥,eastsouth-east, When about ",folU"lengths apart, the sohooner starboarded. , ' change of course was 1In Bel.G, this " , ,

" ,Appeal from district court. See ante, 898, for the opinion there de'livered, and the facts other than as !let out in the present opinion.

'John-G. Lamb andTh08. Hart, Jr., for appellant, Reading. Henry R. EdmunrU and OurtiB Tilton, for appellee, Schmidt.

lisioil with the steamer Reading off the coast of Massachusetts, about two miles to the westward of the Cross Rip light-ship. (2) The nightwRs 'clear. , ' "1'herewas no moon. The lights of the ,vessels could be soon two , ttliles ,distant. There was no unusual sea. The, wind was from the north-west, blowing a brisk breeze. (3) The schooner was bOllnd down 'the ooast,With a cargo.of ice from Gardiner, Maine, to Philadelphia. The steal;rier was ,bound upthe coast on a voyq.ge from Philadelphia.to . Salem, Mass" with a C8J'go of coal. (4) The schoonel'was. beating ,through 'the channel marked by the Cross Rip light-ship and was on her 'portitaclt,elbse hauled by the wind, with all her lower sails set,and heading about north, and nearly across the channel. The steamer was cohling'down the channel on,a course east south-east, crossing the conrse of thb' SChooner. (5)i The schooner's lights were properly set in the rig, gitig,' ilndwel'e 'burning brightly. The master was in charge, and the watch onduty. ' A lookout w.as properly stationed at the bow, and two other men were upon the deck, one of whom had the wheel. (6) While 'the 8(llJoonerwa:8upon her port tack, heading about north; the green light of the steamer was reported by the lookout, and seen by aU of the men on the schooner, distant about two miles, and bearing about three points on the schooner's por:t b()w. The light was carefully observed by the men on the schooner, and the steamer was seen to approach without changing her light or making any change of course until she was within four lengths of the schooner,and there was imminent danger of collision, The schooner then starboarded, and the steamer had ported, and struck the schooner on her starboard side, breaking it in and damaging the cargo. lookout of the steamer and others 1n charge of her navigation did not see the schooner's lights until they were three or four a,nd hard ported, the,rnate helping the ::w!?-eelsman:,to'put, it over; and when it was hard a-port, it was imme;,<ijatel) ordered harda-st1\tboard, and the vessels struck before the last order could be fully executed. o,f La?JJ: steameds responsible for the collision; (1) for lockout; and (2) for not changing her co.urse seasonably, and preventing the vessels getting into a dangerous proximcity; (8,), fPr: her engines in ,time to prevent the vessels frQID dangerous situation and proximity ; .(4) the chl!-nge of course by the schooner was in extremisj (5) and the steamer is responsible for the damages caused by the collision.,

BRADLEY, Justice. The Facts: (1) On the morning of September 23, lS89 t , tl.bout 1 o'clock,- ,the schooner Charles E. Schmidt came into col-

HARMON V. UNITED STATES.

817

HARMON II. UNITED STATES.

{C,,"cwU Court, D. CoZorado. October 27, 1890.)
lI'BDBnAL COURTs-JURISDlCTJON 011' DISTRICT JUDGE-WRIT 011' ERROR.

Rev. St. U. B. SS 591, 592, 596, provide that a circuit judge may appoint a district judge to hold court in another district than his own, with the same powers as the judge ot that district: "but no such shall hear appeals from the district court." Section 614, Id., provides that a district jUdge, when holding circuit court alone, may, by consent of parties, hear an appeal or writ of error from his own dllcision iIi tbe district court. Held, that a district judge, when holding circuit court; in another district byapIlointment of the circuit judge, COUld, by consent of the parties,: hear and determine a writ of error in a criminal case from the district court.

On Writ of Error from District Court. This case was submitted on the record and the following agreed statement of facts: "
"It is hereby stipulated by and between Lawl'enC'e Harmon, plaintiff.in. ror., bJ;:pattel'son and r:rtJOmas, his, attorneys, and the United StatesQf ica, by John D. Fleming, United States attorney for the district of Colorado, as follows in the above-entitled cause: "First. That a writ of error was duly sued out of the circuit court of the United States for the district of Colorado to the district court of the United States in and for said district in the above-entitled cause, and that upon the presentation of the record of said cause to thtlHonorable DAVID J. BREWER, then judge the circuit court of the United States in and for the eighth jUdicial circuit, the said the Honorable DAVID J. BREWER, as judge, did order that. the said writ.of error issued in said cause shoul4 be made to operate 88 a 8Upersedeas theretn. . : "Second. 'rhat the said cause was dUly docketed in the said circuit court for the district of Colorado, and was entered upon the docket of said circuit court as C8SIl · No. 2,493.' . "Third. That thereafter the said, the Honorable DAVID J. BREWER, liS jUdge of the circuit court, did make the following order and appointment, which was duly entered of record in the office of the clerk of the said circuit court for the district of Colorado, as follows: . " ·UNITED STATES CIRCUIT CoURT, DISTRICT OF CoLORADO. II · In my judgment, the pu blic interests so reqUiring, I do hereby designate and appoint Hon. JOHN F. PHILLIPS, United States district judge for the western dilltrict of Missouri, to hold the circuit court of the United States for .the (listl'ict of Colorado t01' thE! present term, in aid of the Hon. MOSES HAl.LETT, district jUdge of said district. " ·Witness my hand, this., the 6th day of December, A. D. 1889. . . " · DAVID J. BREWER, Circuit Judge.' II Fo.urth. That thereafter, and by v.irtue of said order and appointment,. the said Hon. JOHN F. PHILLIPs,district judge did hold this present term of the said circuit court at Den vel', in the district of Colorado. "Fifth. That upon, to-wit, the 20th day of December, 1889, it being one of dlU's of the term for which the said Hon. JOHNF. PHIl.LIPS was appointed to hold the said term of the circuit court, as aforesaid, on motion of the.plaintiff in error, and with the consent of the United States of America. attorney for said district, the said thl,'Ougb John D. Fleming, United the erJ;ors allege(j were submitted .to the 8aid. circuit court, presided over by the'· said Hon. JOHN F. PIIILLIPS alone,- under and by vir.tueofsaid

e,,·

v.43F.no.12-52