You are not to attempt to scan nicely how the ships bear from each other; but if there is any probability of a risk of collision the statute ought to be obeyed. I am sure that all our experience teaches us that this was a very wise rule and regulation, because we constantly have conflicting evidence as to whether a vessel was on one bow or the other, or two points on one bow or the other. The statute * goes on "The helms of both ships shall be put to port, so as to pass on the port side of each other." Now the question has been raised whether the moment one vessel descries the other, and they are so approaching, at whatever distance, that if they pursue their courses a collision will arise, they are immediately, without consideration, to port the helm? That is a very material construction to put on the statute, and there is not a word in it which imposes that duty. Common sense is, that when you see a vessel approaching at a considerable distance, whether a steamer or a sailing vessel, especially when you are unable to ascertain which it is, that reasonable time is to be taken in determining what course you should pursue, and reasonable time for forming a proper determination, and that can never be construed into delay. The statute means that you shall exercise your discretion, and then obey the necessity indicated by the previous words of the statute, when the necessity has arisen." |