K^^^^

bB^

^^^^.^.

...%^-

A^^. V^ "^y

IMAGE EVALUATION
TEST TARGET (MT-3)

:/.

%
^

1.0

I.I

1.25

«- IIIIIM

|50

t^ IIIIIM

IM
M
i.c

U IIIIII.6

V» 0>.

'ff

O^.

Photographic

Sciences
Corporation

■^-

'^Q'

"•b^

O'^

23 WEST MAIN STREET

WEBSTER, NY. 14580

(716) 872-4503

CIHM/ICMH

Microfiche

Series.

CiHM/ICIVIH
Collection de
microfiches.

Canadian Institute for Historical Microreproductions / Institut canadien de microreproductions historiques

Technical and Bibliographic Notes/Notes techniques et bibliographiques

The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be bibliographically unique,
which may alter any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checked below.

Coloured covers/
Couverture de couieur

□ Hovers damaged/
C<

jouverture endommag^e

, Covers restored ami/or laminated/

I 1 Couverture restaur^e et/ou peiliculde

n Cover title missing/
Leti

tre de couverture manque

Coloured maps/

Cartes g^ographiques en couieur

Coloured ink (i.e. other than blue or black)/
Encre de couieur (i.e. autre que bleue ou noire)

Coloured plates and/or illustrations/
Planches et/ou iltustrations en couieur

Bound VI th other material/
Reili avec d'autres documents

Tight binding may cause shadows or distortion
along interior margin/

Lareliure serren peut causer de I'ombre ou de la
distorsion le long de la marge inti^rieure

Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajoutdes
*ors d'une restauration apparaissent dans le texte,
mais, lorsque cela 6tait possible, ces pages n'ont
pas iti filmies.

Additional comments:/
Commentaires suppldmentaires;

The

to tl

L'Institut a microfilm^ le meilleur axemplaire
qu'il lui a iti possible de se procurer. Les details
de cet exemplaire qui sont peut-^tre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans li m^thode normale de filmage
sont indiquAs ci-dessous.

r~| Coloured pages/

Pages de couieur

Pages damaged/
Pages endommagies

□ Pages restored and/or laminated/
Pages restaurees et/ou pelliculees

Pages discoloured, stained or foxed/
Pages ddcolorees. tachetdes ou piquees

The
post
oft!
film

Orig
begi
the I
sion
othe
first
sion
or ill

r^ Pages detached/

Pages d^tachees

Showthrough/
Transparence

Quality of prir

Quality inigale de I'impression

Includes supplementary materit
Comprend du materiel supplementaire

Only edition available/
Seule Edition disiponible

I I Showthrough/

I I Quality of print varies/

I I Includes supplementary material/

I I Only edition available/

The
shal!
TINl
whic

Map:
diffe
entir
begii
right
requi
meth

Pages wholly or partially obscured by errata
slips, tissues, etc.. have been refilmad to
ensure the best possible i'iage/
Les pages totalement ou partiellement
obscurcies par un feuiilet d'arrata. une pelure.
etc.. ont it6 film^es ^ nouveau de fdcon d
obteni; la meilleure image possible.

This item is filmed at the reduction ratJo checked below/
Ce document est film* au taux de reduction indiqu^ ci-dessous.
lOX 14X 18X 22X

26X

30X

12X

16X

20X

24X

28X

32X

The copy filmed here has been reproduced thanks
to the generosity of:

Karold Campbell Vaughan Memorial Library
Acadia University

L'exemplaire film6 fut reprodult grAce d la
gAnArositi de:

Harold Campbell Vaughan Memorial Library
Acadia University

The images appearing here are the best quality
possible considering the condition and legibility
of the original copy and in keeping with the
filming contract specifications.

Original copies in printed paper covers are filmed
beginning with tha front cover and ending on
the last page with a printed or illustrated impres-
sion, or the back cover when appropriate. All
other original copies are filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.

The last recorded frame on each microfiche
shall contain the symbol — ^ (meaning "CON-
TINUED "), or the symbol V (meaning "END"),
whichever applies.

Maps, plates, charts, etc., may be filmed at
different reduction ratios. Those too large to be
entirely included in one exposure are filmed
beginning in the upper left hand corner, left to
right and top to bottom, as many frames as
required. The frilowing diagrams illustrate the
method:

Les images suivantes ont 6t6 reproduites aver le
plus grand soin, compte tenu de ia condition et
de la nettetd de l'exemplaire film6, et en
conformity avec les conditions du contrat de
flimage.

Les examplairas originaux dont la couverture en
papier est imprimie sont film6s en commenpant
par le premier plat et en terminant soit par la
dernidre page qui comporte une empreinte
d'impression ou d'illustration, soit par le second
plat, selon le cas. Tous les autres exemplaires
originaux sont filmds en commengant par la
premidre page qui comporte une empreinte
d'impression ou d'illustration et en terminant par
la dernidre page qui comporte une telle
empreinte.

Un des symboles suivants apparaTtra sur la
dernidre image de cheque microfiche, selon le
cas: le symbole — ► signifie "A SUiVRE ", ia
symbole V signifie "FIN ".

Les cartes, planches, tableaux, etc., peuvent dtre
filmds d das taux de reduction diffdrents.
Lorsque le document est trop grand pour dtre
reproduit en un seul clich6, il est filmd d partir
de I'angle sup6rieur gauche, de gauche d droite.
et de haut en bas, en prenant le nombre
d'images n6cessaire. Les diagrammes suivants
illustrent la m6thode.

RBPORT

OF COMMITTEE OF THE

5t. J0I79 Board of 5rad^

PILOTAGE AT ST. JOHN, N. B.,

WITH

APPENDICES, INCLUDING EXTRACTS
FROM REPORT ON

THE m OF FliM Ai THE HMBi i ST. «, I. B.

ST. JOHN, N. B., CANADA.
1894.

3411
• Sa2

REPORT OF

COMMITTEE OF THE

5t. J0I79 Board of Srade,

CONSISTING OF

Messrs, W, M, JHRYIS. R. CRUIKSHflNK, T. H. HfiLL.
G. F. BHIRD. M. P., and S. SCHOFIELD,

THE LOSS OF THE BARQUE "CURLER"

AND

PILOTAGE AT ST. JOHN, N. B.,

WITH APPENDICES,

including extracts from Report of Special Com^

mittee on the Bay of Fundy and Harbor of

St. John, N. B., presented February 1887.

•, .&s

ST. .rOHN, N. B.
PROGRESS KLECTRIC PRINT.

1894.

REPORT

OF A

SPECIAL COMMITTEE OF THE ST. JOHN BOARD OF TRADE

ON THE

LOSS OF THE BARQUE "CURLER,"

AND

PILOTAGE AT ST. JOHN, N. B.

"^^ ' ,<N'. E'^ AT A Meeting held 12th September, 1894.

'he St. John Board of

To the Councif

Trade.

The committee appointed to attend the
investigation as to the loss of the barque
"Curler" and to report upon matters
connected with pilotage at St. John, beg
to submib the following report.

1. The public investigation held by
Capt. W. H. Smith, R. N. R., under in-
structions fiom the department of
marine and fisheries, at the request of
the board of trade, was attended
throughout by members of the commit-
tee. Copies of Capt. Smith's decision
(A) and of his remarks at the
tionofthe investigation, (B),
mitted herewith.

2. It will be seen that stress was laid
by Captain Smith upon the duties and
responsibilities of the captain and ship's
officers; and he states very clearly that,
although the captain might engage the
services of a pilot, he could not surren-

termina-
are sub-

der his command, and was not relieved
from all responsibility on that account.

3. The word "pilot" has been defined
to mean "any person not belonging to a
ship who hat* the conduct thereof." The
general rule of law with regard to the
engagement of a pilot seems to be that
when a captain is bound, by act of par-
liament, under a penalty, to place his
ship in the charge of a pilot and does so
accordingly, the ship is not to be con-
sidered as under the management of the
owners or their servants ; but when it is
in the option of the captain to take a
pilot or not, as he may think fit, and he
does take a pilot, the pilot so taken is to
be considered as the servant of the own-
ers, and, as such, they are responsible
for his misconduct. And, even though
there be a pilot on board, the captain is
bound, in a case of obvious danger, to
interfere in the management of the
vessel.

S31 \Z-

Pilotage, St. John, K B.'

4. In the case of the "Curler," the pilot-
age was not compulsory. There is in-
deed no conipuisory pilotage in the strict
sense at St. John. Jt is open to any
vessel to refuse the services of a pilot,
although those services, if proffered with-
in certain limits, mast be paid for by all
vessels not specially exempt, whether
accepted or not. And, therefore, al-
though it appeared that the captain and
the mate of the "Curler" had retained
their presence of mind and acted for the
best, both when the disaster became im-
minent and after it occurred, they were
held responsible for their previous sub-
mission to the pilot's control. The cap-
tain, for going below without leaving
orders with the officer en deck to ac-
quaint him with any circumstances of
importanre that might occur; and
the mate for not communicating with
the master when the pilot persisted
in sailing towards a narrow channel in-
stead of following the wider thoroughfare;
which, had it been taken, though some
inconvience to the pilot himself might
have ensued, would, so far as appeared,
and as was the case with the t ^'o other
vessels which sailed the same afternoon
with fine weather and a fair northeast-
erly wind, (and without pilots), have
carried the barque in safety towards the
open sea.

5 Under the City Charter of St. John
the Mayor, Aldermen and Commonalty
were made the conservators of the
water of the river, harbour and bay of
the city, and in 1840 they were authoriz-
ed by the legislature of New Brunswick
to make laws and ordinances for the re-
gulation of the Branch Pilots of the port,
in respect to rates of pilotage to be tak-
en by them as distance money ; extend-
ing to such parts of the Bay of Fundy
in connection with the harbor as

they might deem expedient. In 1861 an
act was passed to provide that pilots
carried to sea, and beyond the limits of
their engagement, should receive $2 per
day, in addition to the pilotage, for every
day oftheiremorced absence from home.
In 1873 the Pilotage Act, passed by the
Dominion parliament, made provision
for fixing the limits of pilotage districts
and for the appointment of seven pilot
commissioners to be the pilotage author-
ity of the district of St. Joiin. Two of
those commissioners are to be chosen by
the City Council, t o by the council of the
board of trade, and three by the governor
general in council. This act was amended
at subsequent sessions of the legislature,
and finally in 1886 tlie provisions respect-
ing pilotage were revised and embodied
in Chapter 80 of the revised statutes of
Canada which is now in force.

0. Under this act the pilotage author-
ity has power by by-law,

1. To determine the qualification of
persons applying to be licensed as pilots.

2. To make regulations as to pilot
boats and respecting the distribution of
the earnings of pilots and pilot boats.

3. To provide for aiding in the estab-
lishment of companies for the support of
pilot boats.

4. To license pilots and apprentices.

5. To fix the terms and conditions of
granting licenses.

6. To make regulations for the govern-
ment of licensed pilots.

7. To make rules for punishing any
breach of regulations, either by the with-
drawal or suspension of the license, or by
the infliction of a penalty not exceeding
$40.

8. To fix and alter the mode of remun-
erating licensed pilots.

Pilotage, St. John, N. li.

9. To provide for the compulsory re-
tirement of licensed pilots having: attain-
ed the a^e of 05 years, unless thereafter
licensed from year to year.

IC To provide 'or the compulsory re-
tirement of licensed pilots proved to
be incapacitated before attaining such
age.

11. To provide for the a<ljustment and
decision of disputes respecting pilotage ;
and

12. Toestablisli funds for the relief of
superannuated or infirm licensed pilots,
or of their wives, widows or children.

All such by-laws must however, be
confirmed by the governor in council be-
fore they can lake effect.

7. Thp pilotage autiiority is required
by the act to make yearly returns of the
names and ages of licent-ed pilot-, the
pilotage dues in force, the amount of
dues received and the receipt and ex-
penditure of moneys received in respect
of pilots or pilotage.

The act also contains provisions for
the licensing of pilots and for their guid-
ance and protection, and for the recovery
of pilotage dues.

8. Under section 57 of the Act no
owner or master of any ship can be com-
pelled to employ a pilot, but under other
sections the payment of pilotage dues is,
subject to certain exemptions, made
compulsory within limits or pilotage dis-
tricts established by order in council,
even though the pilot offering his ser-
vices may not be employed. When
there&)re the term compulsory pilotage
is used, it must be understood to mean,
not that the vessel is compelled to take
a pilot, butthat such services, when prof-
fered, must be paid for, whether the
pilot may be taken or not.

9. In the pilotage district of St. John,
ships of war or in the public service,

steamshipe coasting or trading with New-
York or IT. S. ports to its north, vesselb
registered in (Canada of not more than
120 t^,ns (see 5(1 V, cap. ?0, A. I). 1892),
vessels of which the master or mate has
a certificate authorizing him to pilot his
ship witliin the pilotage limits, and such
vessels not exceeding 250 tons as the pil-
otage authority with the approval of the
governor in council may determine, are
exempt from comptdsory pilotage. At
present all vessels registered in Canada
of 125 tons and under are entirely ex-
empted by the pilotage authority, and'
also all ve.saeis outward bound of what-
ever tonnage from outside of Partridge
Island.

10. All sums received for pilotage dues
by the pilotage authority are to be ap-
plied,

(1) In paying all expenses incurred in
obtaining payment of the same ;

(2) In payment for the pilots' services
such amount as is required by by-law ;
and

(3) The residue is to be carried to the
pilot fund of the district.

11. The pilot fund is to be applied,

(1) In payment of such necessary ex-
penses as are duly incurred in the ad-
ministration jt such fund, and

(2) In the payment of superannua-
tion allowances or other relief, for the
benefit of licensed pilots = .capacitated
by age, infirmity or accident, and of
the widows and children of licensed or •
incapacitated pilots.

12 All sums of money belonging to the
pilot fund not employed in such pay-
ments are to be invested in Government
securities. The Committee notice in the
last report of the St. John Pilotage
Authority that the reserve so invested,
—now deposited in the Dominion Sav-

Pi/o(ri;/e, St. John, N. H.

ingH iJaiik— auiountH to $.s,lll.s<;, wliile
there was also on the [Mm December
last a rredit balance of $207r).f)5 at flie
Bank o/ New liriinswick on current ac-
count.

13. It will be seen from what iia8
been stated that while in other avoca-
tions of life, the relations of the employ-
er and the employed are left i?enerally
to be determined by the ordinary laws
of supply and demand, exctjpt so far as
such relations may be affected by organ-
izations on the one side or the other,
eitlior for the lessening of cluirges thou-
ght to be exorbit'vnt, or for the securing
a higiier rate of pay, in the case of
pilolage an amount larger than the cus-
tomary rate of wages is collected from
the vessel. And this amount may be
collected irrespective of services re.ider-
ed, and whether such services are really
needed or are not. Frori the fund tli js
formed the pilots are paid at the rate
fixed for their services by the commis-
sioners,, and the resiuue forms a super-
annuation and benefit fund to meetcases
calling for relief.

14. The pilots thus form a protected
class in the community. Each pilot
may receive as wages for services ren-
dered or proffered more or less accord-
ing to his activity or good fortune in se-
curing some incoming vessel; but he can
always feel assured that there is a fur.d
in rest.'ve from which he or his family
will be assisted should need arise.
• 15. Such a system calls for the most
cardful supervision in its administration
or very great evils may result. Men
who leel that their employment, or at
least their wages, whether they are em-
ployed or not, are so far assured, and
that a reserve fund is being accumu-
lated for future support, are not only
rendered to a very great extent inde-

pendent of any desire to satisfy those
♦hey serve, but are also deprived in a
degree of the incontivt to lal*or and
thrift wljich the feeling of entire respon-
sibility for tor; well being of the family
tends t& create.

10. The object of the system is to
secure, as far as possible, protection to
life and property, by providing a class
of men better qualified than ordinary
mariners to take charge of ships in
places where, from local causes, navi-
gation is atten led with more thwU com-
mon difhculty.

17. Failing some such object the per-
pfttuation of a system which assures
wages and pension to a certain class of
men, neiessarily in some degree at the
cost of the rest of the community, could
not, in the opinion of the committee, be
justified. And they regret to have to
add that there seems to be a very gen-
eral rj)inion that this object is not at-
tained by the present pilotage system,
that that system is fraught with many
evils, and that it has been handed down
rrom a past generation almost unaltered
without regari for the changed circum-
iitances winch now exist.

18. In former days, no doubt, wLen
the assistance of lighthouses, fog whistles,
buoys, charts, printed sailing directions'
and of steam tugboats was not available*,
and when masters and mates of vesseLi
were not required to submit to a strict
examination before they were allowed
to serve, the office of the pilot was
one of very general importance to ship-
ping, his services were eagerly sought
after and he was usually employed; but
while the standard among ships officers
has advanced, and important aids to
navigation have been provided, the
compulsory system of pilotage, as ap-
plied at St. John, appears to a great ex-

PHoiage, St. John, N. /?.

"^ent to ignore such advances and helps;
' and repeate<l cases i\avo been furnished
to the committee, in which vessels are
compelled to pay for pl'ots' services,
where their employment is a farce, or
worse, since the officers (>f the ship are
as well acqr. tinted witli local surround-
ings and as fully (lualified to navigate
the vessel as the most efficient pilot on
the list; while it is broadly Htated that
all pilots on the list at 8t. John are not so
efficient, and that men have been r -
tained among the number to whose ^'
ployment shipowners seriously objo

19. Further the question of discriminat-
ing for or against sorae particular class
of vessels seem to have been \m ^ht
in. Tlias the committea ftave been in-
formed that the coal barges towed from
Parrsboro by powerful tugboats in con-
nection with tfie recently developed
traffic fc-om that place to St. John, have
been called on U> pay pilotage dues; and
this has been defended on tfie groand
thnt this metho<l of carriage has inter-
fered wiih the owners of the sraaU vessels
which formerly carried on the trade.
The committee ar« strongly of opinion
that the matter of pilotage should
be dealt with on its merits, and that
the system should not without the
gravest necessity be strained to protect
any class in thii community, whether it
be the pilots themselves or those inter-
ested in any particular branch of ship-
ing or trade.

20. There are at present 27 licensed
pilots resident at St. John, of whom one
has been suspended in connection with
the "Curler" disaster; and one pilot in
addition is specially licensed for Mus-
quash only.

21. According to the return made to Ot-
tawaby the St. John Pilotage Authority
to the 31st December last, the ages of the

licensed pilots vary from 36 to 68, but the
committeo regret to have to report that
it has been stated to thfc.n by more than
one person, whom they believe to be re-
liable, tha> the ages given in the official
return are not in all cases correct, and
Ihat several of the mens re from three
to five years older than is there stated.
This is a m.'itter of some importance
when it is re nembered that under sec-
tion ;{2 of the pilotage act every pilot up-
on reaching the age of 05 years must de-
liver up luB license, and can thereafter
be granted a now license only from year
to year. It is a matter of even more
importance in its bearing u^wn the pilot
comiuissioners themselves. The com-
mittee feel loth tc suppose that the com-
missioners would knowingly ^<-,i^rAf the
sending forward of false r U'.i-); but on
the other hand, if the statements made
to tiie committee are correct, the actual
ages of the men are very generally
known, and such a want of accuracy in
the returns would seem to show a
lack of care in securing the information
which under the Act the commissioners
are bound to furnish to the marine
department at Ottawa from year to
year.

22. It appears from the returns that
the amount received for pilotage dues
during 1398 was $25,893.83. From this
sum in the case of one pilot whose ser-
vices are regularly engaged by the Fur-
ness line of steamships, an amount of
$1,030.15 IS taken, of which $825.75 is
divided share and share alike among the
pilots on the list, regardless of their do-
ing any work or not. The difference of
$204.40 with a furthar sum of $1905.96 or
in all $2200.36 is carried to the pilot fund,
leaving $23,693.47 for the wages of the
men. It is stated, however,that the indi-
vidual earnings vary greatly iu different

Pilotage, St. John, K B-

cases, some pilots earning as much as
$1600 in a year and others a bare living.
This depends of course on the energy
and activity of the men .n seeking for
vessels to which their services can be
proffered from time to time.

23. Tlie residue of $2200.3() carried
last year to the i)ilot fund was further
increased by $200 charged for licenses to
thirty pilots at $5.00 and five pilot boats
at $10.00 each, and by $274.25 for inter-
est on the Savings Bank deposit, making
a total of $2074.01. The payments were
for pensions $1710, funeral expenses
of two pilots $40, auditor $25, stationery
$19.70, office rent $100, and salary of
secretary treasurer $800, in all $2094.70.
The payments therefore exceeded the
receipts by about $20.00.

24 Five districts are established for
pilotage inwards, ranging from Partridge
Island to the extreme limits of the Bay
of Fundy. Outwards no vessel is re-
quired to take or pay for the services
of the pilot, beyond outside of Part-
ridge I^'and. Inwards all vessels not
exempt are required to pay for a pilot's
services if proffered any where within
the district limits, whether accepted or
not.

25. Atpresent the pilotage dues inwards
and outwards on vessels not exempt are
regulated by the draught of water, and
the du«'s for transporting vessels within
the harbour according to the tonnage in
each particular case.

26. A different system prevails at
Halifax, N. S., where the pilotage dues
are regulated altogether by tonnage; and
the committee are informed that the
charges are very much less there than at
St. John.

27. The committee understand that
representations have been made to the
marine department that an undue por-

tion of the pilotage duep now collected
at the port of SI. John is levied upon
vessels of from 125 to 300 tons, engaged
in the coasting or the West India tra.le.
\v'"ich on account of their relatively
larger draught of water in proportion to
tonnage, and their more frequently com-
ing to and leaving St. John, are forced
to pay largely in excess of the dues
charged to larger vessels. It is claimed
also that the class of vessels referred to
has no need whatever of the services of
pilots, as the masters are, from their fre-
quent visits, thoroughly conversant with
the Bay of Fundy and the harbor of St.
John.

28. Tl:ey understand also tliat it has
been further represented that the ship,
ment of lumber (including piling) from
the port of St. John is seriously prejudic-
ed by the pilotage charges, as this busi-
ness is carried on in competition with
vessels from Calais, Bangor, and Port-
land, Me., and also from other ports in the
Bay of Fundy, where no regulati-.ns for
the compulsory paymentof pilotage dues
are in force.

29. The committee are informed that
in May last a scheme was submitted by
the commissioners to the Department of
Marine for reducing the charges to
smaller vessels, and increasing them in
the case of vessels of upwards of 400 tons
by a sliding scale, more than doubling
the dues in the case of the larger ships.
This scheme has not yet however been
approved. The present scale (C) and
that so proposed (D) are submitted here-
with. The committee fear that the ad-
ditional burthens thus proposed on the
larger vessels will prove seriously detri-
mental to the traffic of the port. It was
stated in the evidence of Pilot Rogers be-
fore the Deputy Minister in 1891 that
tills would be the case. No doubt some

Pilotage, St. John, N. B.

relief to the smaller vessels and some
increase of revenue would result, but
the committee cannot see that this in-
crease is required, and they are strongly
of opinion that, so far from the smaller
vessels being relieved only at the cost of
additional burthens placed on the larger
sailing vessels or steamships coming to
St. John, everything should be done to
lessen or remove all such restrictions
not absolutely necessary as may already
exist, and that every property owner
and resident in the City has a vital in-
terest in the lessening or removal of all
such needless charges, and the develop-
ment of the traffic of the port,

30. The committee think that no
increase in the present charges should
be allowed, unless the most serious ne-
cessity for such increase is shown
to exist. They are of opinion that
there is no such necessity for the
changes proposed ; and they recommend
that the Board of Trade " Jdress a peti-
tion to the Governor in Council asking
that the proposed advance in the charges
for pilotage be not approved.

31. It cannot be supposed that the in-
crease of pilotage <lue» in the case of
the larger vessels thus proposed was in-
tended so much to add to the earnings
of the men, who have so far as the com-
mittee are aware, made no claim for
higher pay, as to swell the pilot fund,
which, under the Act, is intended for
pilots incapacitated by age, infirmity
or accident, or the widows and children
of pilots. The reserve held in con-
nection with this fund is already of
considerable amount. It is held not for
the purposeof making permanentgrants,
but for providing terminable annuities,
which will cease from time to time

tuny bo remuved

when they become of sufficient age
to care for themselves. The fund is
likely to increase rather than diminish
under the present system, as the num-
ber of pilots lessens or the claimants
upon the fund are removed by death or "
otherwise. The committee were at a loss
t'^ understand wha^ ground existed for
the proposed advance, until circumstan-
ces came to their knowledge, which they
feel it their duty to bring at once to ' he
attention of the council and the board.

32. There can be no doubt, looking at
the terms of the Pilotage Act, that it was
contemplated that the commissioners
should receive no pay or remuneration
for their services. Provision is expressly
made for the salary or remuneration of
the Secretary and Treasurer, but beyond
this the funds are carefully guarded.
Under the 62nd. section of the Act "All
sums received" for pilotage dues shall
be applied, first in paying all expenses
incurred, "in obtaining payment," next
in payment of the pilot engaged, and,
lastly, any re^ue must be carried to
the pilot fund. finder the 91st. section

by death, or, in the case of children,

the pi.!ot fund must be applied first in
payment of "such necessary expenses
as are duly incurred in the administra-
tion of such fund" and then in the
payment of superannuation allowances
or other relief to pilots incapacitated,
or to the widows and children of
pilots. The 14th section of the Act
directs that the pilotage authority may,
with the sanction of the Governor in
Council, appoint a Secretary and Treas-
urer, and pay him such salary or
remuneration, out of pilotage dues or
fees for licenses received by them, as
they may see fit, and may with such
sanction, and out of such funds, pay any
other "necessary expenses" of conduct-
ing the i)ilotage business of the district.

Pilotage^ St. John, N. B.

Fl f

No provision whatever for the payment
of the commissioners is contained in the
Act. Were the matter at all uncertain
the provision authorijiinj? a salary for
_ the Secretary forbids by implication any
other and unauthorized payment of the
kind.

33. There are not wanting in the com-
munity instances as, in the case of the
Hospital Commissioners, and the School
Trustees, of laborious public duties per-
formed without thouglit of fee or reward;
and it is evident that the framers of the
Pilotage Act supposed that com-
missioners would be found pos-
sessed of sufficient public spirit
to supervise the system with-
out charge. the more laborious
duties being performed by the paid sec-
retary treasurer appointed for the pur-
pose.

34. The committee are informed, how-
ever, that it was recently proposed that
each commissioner should have an al-
lowance from the funds received, and
the chairman double the amount paid to
any other commissioner, that one of the
commissioners protested, and the matter
was referred to the tl:en deputy min-
ister of justice at Saint John, who ex-
pressed an opinion that such allowannes
were unauthorized by the act ; but that
nevertheless the taking of such allow-
ances by the commissioners has been
pressed.

35. The committee might have hoped
that this charge was exaggerated or
groundless, were it not that the state-
ments made to them are confirmed by
the official correspondence, copies of
which (E) are submitted herewith.

36. It would appear that after the
commissioners had been told that their
taking an allowaiico for their serviceH
from the pilot fund was illegal, a by-

law was passed by them on the Ist
March last as follows: —

"By-law to provide for the payment
of the St. John pilot commissioners."

"Each commissioner shall be entitled
to be repaid any expenses necessarily
incurred by him in the discharge of bis
duty, as such commissioner ; provided
however that no commissioner shall re-
ceive more than one hundred dollars,
or the chairman more than two hundred
dollars, for their expenses, in any one
year."

37. This so-called by-law was
then submitted to Mr. Newcombe,
the deputy minister of justice,
who was reminded of some similar
action at Halifax in October, 1891, and
who gravely reported that there was no
legal objection to its being approved.
Under such circumstances no doubt the
by-law seemed harmless enough to the
minister of marine and fisheries, and on
March 28th an order in council issued,
sanctioning the repayment to he com-
missioners, of expenses necessarily in-
curred in the discharge of their duties.

38. in connection witli the reference to
Halifax, the committee notice in the
printed accounts of the Halifax author-
ity, published at page 209 of the supple-
ment of the annual report of the depart-
ment of marine for the year ending .30th
June, 1892, that, while the amount car-
ried out for "necessary expenses attend-
ing meetings and investigations two
years" is but $11.25, the sum of $1125.00
is really required, instead of $11.25, to
balance tlieir account ; and this larger
amount appears to have been taken from
the fund. It is perliaps fortunate for the
St. John commissioners that the matter
bus come to light before there had been
timrt HufHcient f^sr any such allowances
tc be taken here.

Pilotage, St. John, N. B.

^^^ ^^^ 39. It has been stated that it was in

contemplation that this "repayment'
should take the form of an allowance of
$4.00 to each commissioner for every
meeting attended throughout the year.

40. Tlie committee do not enter upon
the question whether services of the
kind supposed to be rendered by the
commissioners should be paid for or
should not. But they certainly think
that no such services should be paid foi
unless the payment is distinctly pro-
vided for by law, and that no public ser-
vant, who considers himself insufficiently

f paid, should be permitted to remunerate

himself from the funds under his charge.

41. It will be noticed that the power
to pass by-laws to be confirmed by the
governor in council is limited by the
15th section of the Pilotage Acttocertain
specified cases among which the pay-
ment or repayment of expenses is not
included. Under the 14th section the
pilotage authority may, with the sanc-
tion of the governor in council, and from
the pilotage dues or fees for licenses, pay
the "necessary expenses" of conducting
the pilotage business of the district.
This does not, however, contemplate a
by-law, nor is one required. Without a
by-law the pilotage authority can pay
"necessary expenses" with the proper
sanction. No by-law could possibly
justify them, under the guise of the
"pa- ment" or "repayment" of necessary
expenses, in appropriating the funds, in
part or in whole, to themselves. In the
latter section it is not a by-law that is to
be sanctioned, but an act. It is surely
indeed a perversion of language to claim
that where a statute provides th t ex-
penditures may be made with a v ortain
sanction, the sanctioning power can part
with its coiitroi by a sweeping confirma-
tion or concession in advance.

42. Tlie saddest feature of the case is
that these payments were proposed to
be made at the co.st of the superinnuat-
ed pilots, the widow and the orphan,
unless indeed they could be met by in-
'^reasing the pilotage dues, as was im-
mediately afterwards proposed, and
thus further burthening the traffic of the
port.

43. From the statements made to the
committee it is plain that there is a
strong feeling of dissatisfaction with the
present commission, and that th.e St.
John pilotage authority has not been
able to retail. Uie confidence of the bus-
iness community generally.

44. As far back as January 1883 an
editorial appeared in a leading St. John
newspaper calling for attention to the
pilotage regulations of the port in the in-
terests of trade and of justice, and men-
tioning a gross case of injustice which
was said to have occurred. This drew
out a reply from the chairman of the
commission characterizing the complaint
as "bosh" ; and letters from the late Mr.
Thomas S. Adams and others, protesting
vigorously against the injustice of the
pilotage regulations in force.

45. Again, in January 1887, the ques-
tion of pilotage was very fully discussed
before the Board of Trade, and it was
openly claimed that the present compul-
sory system was unnecessary so far as
the protection of life and property was
concerned, and that it is unfair to ship
owners to compel them to pay for ser-
vices which they may not require. It
was stated also that, as it was not com-
pulsory on the pilots to cruise in search
of vessels, as is the case at Bos-
ton and Quebec, their services were not
available when most required, and that
during the winter season, and no doubt
often during stormy and foggy weatlier

Pilotage, St. John, N. B.

at other times of the year, there were no
pilot boats to be found at the main en-
trance of the bay, or until the vessel had
found her way nearly up to Partridge
Island. It was urged that as no bond
was taken from the St. John pilots, as
was the case at Halifax and
elsewhere, there was practically
no pecuniary responsibility, and
it was charged that the Commissioners
ignored the reasonable wishes of the
shipowners, and refused to give reasons
for the course they pursued.

46. And in January 1891 au official en-
quiry into the pilotage q lestion was held
by the Deputy Minister of Marine, Mr.
AVilliam Smith, at the rooms of the St.
John Board of trade. The enquiry was
conducted with much ability, and the
information given was very full and
important.

47. It was stated by several of the wit-
nesses that the present system of compul-
sory payment for pilotage tended to the
building of badly shaped or inferior
vessels, so constructed in order to come
within tlie exemption of the rules.

48. It was alleged that vessels endeav-
oured to get clear of pilots by hauling out
in the bay so as to make it appear that
they were going up the bay, instead of
making for St. John. Instances were
given of bargains made with the pilots
to escape pilotage in whole or in part;
and it even appeared that in one case,
in order that a steamer might be cleared
at the Custom House, the secretary to
the St. John Pilotage authority had
certified that the vessel had paid her
pilotage dues when in point of fact she
was allowed to go free.

49. Evidence was given that the cap-
tains of coasting vessels generally were
capaldeof navigating vessels without the
employment of pilots at all, that a years

experience would suffice to enable
amapter to pilot a vessel up the
Bay of Fundy, and into the harbor of
St. John, that the pilot boats were not
out in heavy storms or thick weather,
and that if the system of com-
pulsory payment was abolished the
men would be on the ground
when wanted, and the active and capa-
ble pilots would still be employed.

50. It was asserted also that the pilotage
business was not skilfully or even fairly
managed by the commissioners and that
the representations of the leading ship-
owners of the port were ignored.

51. It has been already pointed out that
the commissioners do not appear to have
exercised sufficient care in reporting the
ages of the pilots to the Marine Depart-
ment. Further, in connection with the
loss of the "Curler," the chairman of the
pilot commissioners statel publicly, be-
ibre the official investigation was held,
that the Pilot concerned was a compet-
ent man, and in his sixty years this was
the first time anything had happened
while he was in charge of a vessel. Yet
it was proved at ihe investigation, by
the evidence of the Secretary to the
commissioners, that the same Pilot had
been censured by the commissioners in
connection with the loss of the "Apollo,"'
and had afterwards been suspended for
three months in the case of the strand-
ing of the schooner "Lahaina." This
statement of the chairman though made
publicly, was allowed by the other com-
missioners to remain uncontradicted; and
in preference to supposing that there has
been any wilful mis-statement or sup-
pression of facts, the committee are forc-
ed to the conclusion either that the mem
bersof the commission have not kept

,,i!r:.„,,^.lTco Iliujf llllunuUU US tO What

has occurred in the past; or that they do

Pilotage, [St. .John, N. B.

not feel sufficient interest in their duties
to bear in mind circnmstances of such
vital importance in loiininji a right con-
clusion as to the efficiency of any parti-
cular pilot on the list.

52. The evidence given before the
Deputy Minister tended strongly to the
conclusion that the compulsory payment
of pilotage dues should be abolished,
and that, were those dues abolished, no
more serious danger to life or property
than now exists would ensue. It cannot
be supposed that the twenty-seven licen-
sed pilots atSt.John include within them-
selves all the knowledge and informa-
tion as to n?v]gation towards or witliin
the harbor that exists. A system of
free pilotage would send the better men
to the front, more responsibility would
be felt by the ships officers, and the pub-
lic would probably be spared a repetition
of such disasters as that of the barque
"Curler," which has led to this report.

53. This would probably involve the
abolition of the present pilotage com-
mission, bft the committee think that
it could well be spared. Some legisla-
tion would be required for the disposi-
tion of the present pilotage fund. The
younger men among the pilots, not now
among the most active, might meet with
success in some other avocation of life.
And with regard to tlie more helpless,
where worthy of the care, it would be far
better that they should be assisted to a
reasonable extent from the public
funds, than that the port should be un-
necessa,rily burthened for their support,
coupled with that of others less deserv-
ing of the aid.

54. In this connection it may be men-
tioned that there is no compulsory pilot-
age at Portland, Me., the chi^f competi-
tor with St. John for the Canadian win-
ter export trade ; and that th3 compul-

sory payment of pilotage dues at
Summerside, P. E. J., has recently been
abolished.

55. But should it be found impossible
to carry the abolition of compulsory
pilotage into immediate effect the com-
mittoe are of opinion that the whole
pilotage system should be reconsidered^
the St. John Rules compared with those
of other ports where pilotage is still re-
tained, and several important changes
made both in the commission and in the
regulations under which tlie pilots serve.

56. The committee are informed tiiat
at New York tiiere are but five com-
missoners of pilots ; while the Act relat-
ing to Pilotage at Boston, Mass, piovides
for only two, and it is further requir-
ed that the persons appointed shall
"have experience in maritime and nau-
tical affairs." This qualification the
committee look on as a very valualde
one. In the case of the St. John com-
mi«e«e neither the chairman nor the
majority of the commis. i )ners have had
such experience. The committee are
informed in fact that but one of the pres-
ent commissioners is a practical sea-
man, and therefore within the qualifi-
cation called for by the Boston Act.

57. The committee are of opinion
that if the system is to be tolerated for
a while longer the number of the com-
missioners should be reduced to three,
one to be appointed by the governor-in-
council, one by the city and one by the
board of trade, and that the Boston pro-
visions as to experience and a limited
term of office should be adopted. Al-
though at the expiration of the three
years the same commissioner might be
reappointed, he would always carry
with him a sense of his re3ponsd)ility
to the public, and the three year term
seems a fair mean between the present

PUotihje, St John, .V. !i

system of peniuiiieut appointment and
■the possible (liHiciilties wli..:li mi<,'ht at-
tach to a single year term.

58. Thecommittee findaLso that there
is a conflict of interest between ship-
owners interested in tJie larger vessels,
and those more directly connected with
the smaller craft. And ;,hey believe
that it is advisable generally that ship-
owners should not be members of the
commission, but that it should consist
as far as possible of men who c<juld not
be subject to any suspicion, however
undeserved, of having personal interests
to serve. In fact they believe tliat the
appointment of laymen who would
really interest themselves in pilotage
questions would be preferable to haviug
those concerned in the shipping in con-
nection with which the pilots are en-
gaged. An exception might possibly be
made in the case of some practical sea-
man, whose services it was important to
secure ; but, apart from this, the owner-
ship of shipping, while itdoes not neces-
sarily give any practical exp^irience of
seamanship, or of the pilots work and
duties, must render it very difficult for
the commissioner to form an unbiassed
opinion in cases where the interests of
his own vessels may come in conflict
w^ith those of some other size or class.
59. A still stronger objection applies to
the appointment as commissioners of
those in any way engaged in the busin-
ess of ships supplies. On the course to-
wards St, John the pilot must have
many opportunities, should he sec flt to
use them, of directing foreign captains
to some particular dealer for their sup-
plies. If the dealer thus favuieu should
happen to be one of th8 Pilot commis-
sioners, bow could he be expected, how-
ever consciontiously he might desire to
act, to give an unbiassed judgment in

a case wherej the conduct or qualilica-
tion of the friendly pilot might be the
question before the board.

<»0. With regard to the pilots them-
selves, the extent Ui which they form a
privileged class in the community is
very rem.arkable. It was broadly claim-
ed before the deputy minister in 1891
that in return for their six years of
apprenticeship the city council had
promised the pilots their charges on ves-
sels from (! feet of water upwards to
make a living. Such a claim, if it had
any foundation in fact, would seem to
imply a charge upon the citizens gener-
ally, for it cannot be supposed that the
city council could mortgage any particu-
lar class of private property for the sup-
port of certain individuals; and therefore
the pledge, if givenwith any shew of
legal right, would entitle the pilots lo
maintenance through an assessment at
the public charge. But it may be suffi-
cient to say, with the most kindly feel-
ing towards the pilots themselves, that
the comnittee believe that, neither in
the case of the pilots nor in that of any
other class of men who may have serv-
ed an apprenticeship within the city
limits, does any such promise, express
or implied, exist. While through the
decadence of wooden shipping, many
masters of vessels have been thrown out
of employment, it has never been pro-
posed that shipping generally should be
taxed for their support, or the relief of
their wives or children. Thirty years
ago the shipyards round St. John "were
crowded with the best class of mechan-
ics. With the cessation of ship-build-
ing their employment is gone. Patient-
ly, uncomplainingly, they submitted,
and took up other avocations in life. It
was never suggested that the city should
enter upon shipbuilding or tax itself in

Pilotafje, Sf. .John, K B.

any way to give them employment or
relief. Bat the pilots, numbering 43
in 1873, and now as has been stated 28,
have been provided for witli the utmost
eare,and are now maintained at a yearly
cost of nearly $2G,000 to the community,
while it ia evident to the committee
from the statements made to them that
the actual work of pilotage is done
chiefly by a portion only of the men,
and that even of the present number
several could be spared without their
being in any degree missed.

61. It must be remembered that
though pilotage dues are primarily a
charge upon shipping, yet, if collected
without due cause, they become a tax
upon the city very nearly to the same
extent as if levied upon the citizens by
direct assessment. Even where the
owners of shipping are not res-
ident they act as a restriction
upon the commerce of the port and
indeed if unjustly levied may operate
in this direction to an extent far exceed-
ing even the $25,000 or $26,000 collected
in each year.

62. In reply to enquiries made by the
committee on this head it has been as-
serted generally that pilots and pilot
boats are necessary for the port, and
that but for the maintenance of some
system like ihe present they could not
be kept up.

63. But even if it be granted that
pilots in some cases are necessary,
though the fact that pilotage is not com-
pulsory, beyond that the vessel, if spoken,
must pay for the pi lot's services, whether
engaged or not, would seem to
show that the legislature is willing in
some degree to leave this to the owner
or officers of the vessel to determine,
it need not, therefore, be assumed that
it is necessary that there should be the

full number now maintained. In fact
the presumption is rather to the con-
trary, since the number has fallen from
43 to 28, and it is understood that very
few appointments are being made.
It is provided at Halifax that the num-
ber of pilots for the port shall not exceed
twenty-five. But, were the compulsory
payment of pilotage dues abolished, it
does not at all follow that a limited but
sufficient number of the better men
would not continue to find remunerative
employment; and be able either to
maintain pilot boats quite as serviceable
as at present, or to reach vessels requir-
ing their help at some outside point,
even if, in some very special case, the
services of a steam tug boat had to be
engaged.

64. In this connection the committee
desire to draw attention to the pilotage
rules in force at Boston and Quebec
which make it incumbent on the pilot
boata to cruise for vessels, thus to a cer-
tain extent at least securing that pilots
shall always be available if required.
Under the present system at St. John
they fear that all the pilots at least do
not realize the duty Incumbent on them
of being always to the front, and en-
gaged rather in assisting vessels, which
may really require such aid, to port,
than in seeking for prizes upon which
they may levy their charges whether
for services performed or not.

65. The committee wish to point
out also that at Halifax and
at Pictou the pilot is required to give
a bond with two sureties to the commia-
sioners for the faithful performance of
his duty, such bond to be renewed every
second year. They think that a similar

roornlafinn aVi/^iiM Vtn^m ..1_--..^1 -„

-"= .7..-.|,lU fjar'c aiwlija UUUU Bfl-

forced at St. John. Reliable men would
have no difficulty in providing suitable

Pilotage, St. John, N. B-

sureties. If there were any whose cred-
it had fallen so low that they couid not
do this, it would have the effect of re-
moving them, and very properly, from
the list.

66. Under the present system a pilot
may be taken by some foreign captain
inwards bound, whothiiiks that he may
aa well have the services he has to pay
for. The pilot may not be thoroughly
eflTicient, or he may have his own rea-
sons for taking some other than the more
open course. He may getcauglit in the
fog when a different route would have
kept him in clear weather. He may
mistake signals and run the vessel
straight on shore, and yet, if proceed-
ings were taken against him, it is quite
possible that nothing could be recovered.
Loss of life or valuable property may en-
sue. The pilot is suspended for three
montias or p' i, and then left free to seek
another vessel, possibly with the same
result. It would be different if there
were responsible sureties for the perform-
ance of the pilot's duties,who were liable
in some fixed amount for his defaults.

67. As has been already stated there
are now in existence helps to navigation
which once were entirely wanting.
Captains and mates must pass
strict examinations before they
are allowed to serve. Printed
sailing directions are issued by the Ad-
miralty, charts giving the fullest in-
formation as to harbours and their ap-
proaches are everywhere to be had.
Lighthouses, buoys, and fog whistles so
situated that only the most careless or
obtuse can be misled, have been pro
vided by the care of the Government at
the most important points. Numerous
steam tugboats are maintained in the
harbour, othcered by men possessing
the fullest local knowledge and exper-

ience; and, in most cases of the larger
sailing vessels, are employed to bring
chem in or take them out of port.

68. Navigation has its difficulties
in all cases, but it may be a
serious question whether it is not
wiser to cast on the ship's officers
the full responsibility for thoso difficul-
ties, rather than to put them in a posi-
tion where they are but too apt, to think
that they can rely entirely upoji the
pilot, and that their own responsibility
is at an end.

69. The statements of Pilot Richard
Cline and the late Pilot Samuel Ruther-
ford, two of the most reliable men ever
connected with the port, made to the
Board of Trade in 1887, and printed in
the appendix to the report of the special
committee on the Bay of Fundy and the
harbour of St. John, show clearly that
there are no difficulties in connection
with tlie navigation of these waters
that cannot readily be overcome ; and
that, with reasonable care and prudence,
they are perfectly safe. From Briar Is-
land up, Pilot Cline says, the tides are
very regular. In the winter, especially,
the weather is said by Pilot Rutherford
to be clear as a rule. Of course, if com-
passes are neglected, if distances are not
taken, if in thick weather the lead is not
used, ifthe captain is below, if the mate
leaves all io the pilot and the vessel is
pointed to the shore, there can be but
one result ; but it is submitted that for
that result the port of St. John is not re-
sponsible; and that ships officers in
the mercantile marine, if men of ordin-
ary prudence and skill, can in most cases
guide their vessels to and from St.
John with perfect safety ; while, should
circumstances arise calling for special
local help, it would still be available,
even though the system of compulsory

Pilotage, St. John, iY. B.

)'8 officers

payment of pilotage dues was abolidhed,
as is now the case at Portland, Me., and
other points, where no such system ex-
ists.

70. The approach to St. John from the
entrance of the Bay of Fiindy by the
southern channel is wide and open.
That channel is nearly 30 miles wide
from shore to shore, and offers eighteen
miles of clear navigation between the
old Proprietor Shoals and Gannet Rock
on the one side and the nortii west ledges
on the other. Even the narrower chan-
nel forming the approach to the north of
the Island of Grand Manan is some 4 or
5 miles in width. There are currents
and tides undoubtedly to be dealt with,
and in the summer season fogs as well,
but these are by no means peculiar to
the Bay of Fundy. The mariner
must indeed be prepared to deal with
fogs along the whole North Americ!
coast from Newfoundland and southerly
beyond New York.

71. The sammer climate of St. John
itself is tempered by these mists and
made cooler periiaps than that of Hali-
fax, or Portland, M&ine, because the city
is so situated that a fog at the entrance
of the harbor in most cases drifts in over
the city itself, while Halifax particular-
ly, situated some miles inland, escapes
to a considerable extent, as does Rotlie-
say, about the same distance inland
from St. John. But in approaci;ing a
harbour fogs have to be dealt with all
along the North American coast, north
of Cape Hatteras ; and it is somewhat
curious that of late the most marked
cases have occurred ofT the sister city
Halifax rather than St. John. Last
April fogs, accompanied by field ice,
from whicli St. Jol.n is entirely free,
delayed steamships for hours and even

days off Halifax harbour. In June H.
M. S. Blake narrowly escaped collision
with another steamer in a fog off the
Nova Scotia coast. For nearly two
weeks at the end of that month fogs ex-
tended along the coast as far south as
Boston and beyond. And in August
the Blake with the (iovernor General
and the Vice Regal party on board left
Halifax at midnight on Wednesday the
8th, for Uharlottetown, P. E. I., was
compellod on account of fog to remain
off the Atlantic coai of Nova Scotia
until well into Thur. Jiy, and did not
pass Cape Canso until Thursday evening
about half past five. Further than this,
Admiral Sir John Hopkins is said to
have referred recently at Montreal to
the fact that on two occasions the Blake
had entered Halifax harbour without
seeing land on either side. Nothing'worse
could have occurred in the approches to
St. Jolin, and moreover, in the winter
months fogs in the Bay of Fundy are
rare, not more common perhaps indeed
from November to April than in any
other quarter of tlie world.

72. The harbor of St. John has un-
doubtedly both its advantages and its
difficulties, as have all others, and these
difficulties are intensified at the freshet
season of the year, when the St. John
river, extending some 500 miles into the
interior, with its many tributaries,
pours its volume of w^ater through the
main channel of the harbour into the
open sea. Still, within tha harbour,
numerous steam tugboats are available,
and whatever need for pilots may exist
beyond, it cannot surely be doubted that
the very need itself would create the
supply, and that capable men, finding
the employment before them, would al-
ways be on hand and available to do the
work.

Pilotage, St. John, N. B.

73. But it appears .to tho committee
that the legislature has definitely pro-
nounced upon the question of the abso-
lute necessity of the pilot for tlie preser-
vation of life and property by eaacting
that pilotage shall not be compulsory in
any case, except as to the liability to
pay pilotage dues. If the services of
pilots are absolutely necessary for the
safety of human life and the prewervation
of property, then surely every ship-
owner and master should be bound,
under heavy penalties, not merely to
pay for but to engage them. If they are
not required by law to engage such ser-
vices why should they be compelled tp
pay for what they may not need.

H. It must be remembered, too, tiiaf,
although the payment of pilotage dues
is compulsory in the case of vessels ap-
proaching or leaving St. John, the same
rule does not apply to all Bay of Fundy
ports. At St. Andrews there are pilots.
But there the masters or mates of vessels
receive certificates which under the 59th
section of the Pilotage Act. render them
exempt from compulsory charge, thus fur-
nishing another proof that others beside.s
licensed pilots are fully qualified to take
vessels into and out of port. And ves-
sels making for Grindstone Island at the
mouth of tiie Petitcodiac and other
points are entirely free. If it be safe for
vessels so bound to discard the pilot's
services with impunity, on what possible
principle should it be compulsory to en-
gage or pay for them in approaching or
leaving St. John. The system seems al-
most an insult to the port. It cannot be
necessary for the preservation of life or
property, or pilotage would be made ab-
solutely compulsory on every vessel en-
tering or leaving the Bay.

75. After the fullest consideration the
committee are forced to the opinion that
not merely has compulsory pilotage been
rightfully done away with, as is now the
case, but that the compulsory payment of
pilotage dues should also be abolished,
and the business of pilotage, like any
other, left to care for itself. The very con-
siderable ftjnd which now exists would
probably be sufficient to provide for the
aged and infirm amonglthe present pilots,
and the widows and children of those de-
ceased. The active men could either
pursue their present avocation unaided,
or if they preferred other work could
take it up. It is very evident to tlie
committee that of the $25,0u0 or
$26,000 yearly paid in pilot-
age dues but a limited por-
tion is really earned by the giving of
necessary services in return. And it
would, they believe, be wiser to leave
the matter to regulate itself rather than
to permit the continuance of a cystem
under which the many are forced (o pay
for the possible requirements of the few,
under which in the name of pilotage a
favored class iii the community is pro-
tected at the expense of all other citi-
zens; under which the commissioners
having the matter in charge, seeing the
pilots thus protected, are seeking by
bylaw to "pay or "repay" themselves;
and under which, if the matter is not
dealt with thoroughly and at once, still
greater mischiefs may ensue, checking
the development of the traffic of the port,
and injuring all classes in the commun-
ity alike.

All of which is respectfully submitted.
On behalf of the committee.

W. M. Jarvis, Chairman.

St. John, N. B., Sept. 12, 189-1.

Pilotage, St. John, N. B

APPENDIX.

APPENDIX A.

(COJ'Y.)
(CANADA.)

BARQUE "CURLER.'
The Wrecks And Salvage Act.

In the matter of a formal investiga-
tion, held at St. John N. B. at the office
of the Chairman of the Board of Exam-
iners of Masters and Mates, on the 20th,
2l8t, and 28th July, 1894, betbre W. H.
Smith, R. N. R., Commissioner, into the
circumstances attending the stranding of
the Barque "Curler" of St. John N. B, at
Herring Bay, Campobello Island, on the
29th June last.

Report and Decision.

Th« court, having carefully enquired
into all the circumstances in connec-
tion with the above mentioned shipping
casualty, is of opinion that the stranding
of the vessel was caused by the careless
navigation of the pilot, who was un-
doubtedly navigating the said vessel at
the time she went on shore.

Although he states that bis responsi-
bility ceased when he passed Partridge
Island, and hauled his flag down, and
that thereafter he took no interest in the
ship, there is strong evidence to show

that he gave several orders on board
proving thereby that he did undertake
to navigate the vessel down the bay.

The court has also come to the con-
clusion that the negligence and indififer-
ence of the master contributed to the
cause of the stranding.

That the mate is also to blame for not
communicating with the master, when
the pilot persiste^l in sailing towards a
narrow chanrel after a dense fog had set
in, and when no distance could be seen,
and when the vessel was in proximity
to the land.

The master, Angus McDonald, ia
therefore adjudged to be in default, and
his certificate is lierobv suspendetl for
three calendar months from the date of
the stranding of the vessel.

The master certificate of the mate,
Timothy Brrwks, is also suspended for
three months from the date of his sur-
rendering the san.ft to the Minister of
Marine and Fisheries ; the court, how-
ever, recommends the issuing of a mate's
certificate to him during the suspension.

The commissioner also recommends
that the pilot's license be suspended for
SIX months from the date of the strand-
ing of the vessel.

(Sgd) W. H, Smith,
Commissioner,

Filotage, Ht. .John, N. B.

APPENDIX B.

REMARKS

at the termination of the investigation into tlie cause of the stranding of "he
Barque "Curler," furnished by Captain W. H. Smith, R. N. R.

An errroneous impression seems to
prevail with regard to a Master's duty
when he has : pilot on board.

It has however been held by the
courts, that the captain is never really
divested of the control of his vessel, and
although in this case he was forced by
the law of compulsory pilotage of the
port of St. John, to ^ake and employ a
pilot as far as the limit outside of Part-
ridge Island, it was a matter entirely of
arrangement and agreement between
the Master and the pilot if the said
Master wished him to proceed any
further beyond that limit, for the pur-
pose of assisting in the navigation of the
vessel down the Bay of Fundy.

The evidence goes to prove that the
Master did so arrange with the pilot,
but notwithstanding he engaged the ser-
vices of the pilot, he could not surrender
his command on that account, and was
not relieved from all responsibility.

No doubt the local knowledge of a
pilot is a very good and sufficient reason
why his presence on board a ship is
valuable.

Although when a pilot is en ■;:';';> '. ,c
navigate a ship it is considered the
Master is not properly liable for the
wantof skill or any default or careless
navigation on the part of that pilot, is
not always possible, or even creditable
for the Master, whose vessel has been
stranded, when a pilot was on board, to
shelter himself under such a plea. It
is necessary for him to have impressed

on his mind that no vigilance or care
whicii he could bestow on the navaga-
tionofthe vessel, should be wanting
either on liis part or that of his
officers.

He must also he able to show that he
did take every known and needful pre-
caution to avoid the disaster, and did
exercise all tliat watcufulness which is
required by a master jf a vessel haviny
a valuable car^o on board.

Therefore, in order to avoid risk as
much as possible to the vessel, if he
goes below at any time for the purpose
of taking a rest, he should leave proper
orders with his officers on deck to call
and acquaint him with any change
which miglit take place in the wind or
weather, during his absence.

It is liis duty to be on deck when
fog comes on antl the vessel is in proxim-
ity to the land, so that ha can see that
soundings are taken by the deep sea
lead, with sufficient frequency and care
for the protection of the vessel ; and he
should use any other known jirecautions
/or the s-fe navigation of the vessel,
..inch may be found necessary.

It is also the duty of the Mate or any
certificated officer in charge of the deck,
to know as well as the Captain or pilot,
where the ship is, where she is making
for and why she is being steered up>n a
certain course, and he should at all
times be able to consult the chart and if
in any doubt, immedi.ately communicate
with the Captain.

Pilota'je, St. John, N. B

APPENDIX C.

Office of PilofatfP Antliority. \
l)oniini(.ii of Caiuvta, District >■
of St. .1oIi:j, N. B., 31 Dec. 1893. j

Rates of pilotav e in force 3l3t Dec., 1893, for the pilota^'e district of St. John, N. B.

On a\.\. Saimxo Vkssels,

rn;var»l,
1st District, i^l.oO per foot dr^inRlit of water.
2ii(l District, $1.75 per foot draiijjlit of water.
3r(l !)iHtri»^t, $2.25 per foot (Iraiijilit of water.

Outward,
To Pirtri(lj.'e Island, $1.25 pr-i fsnt draufriit of water.
Dow.: tlie Bay of Fnndy, (not compulHory), ,'?2.00 per f(Hit drauj^lit of wafer.

TltANSPORTINO.

100 tons and untl'^r $1.50

Over " ' 20tlton8 200

" 200 " " " .SOO " ... 3.00

'• 300 " " " 400 " 4.00

And 25ct8. additional for every fifty tons anch vessel shall measure over 4(X) tons.

Ox AM. Steamers,

Inward, •

1st District, $2.00 per foot draught of water.
2nd District, $2.50 per foot draught of water.
3rd District, $3.00 per foot draught of water.

Outward,

To i'aitridge Island, $1.75 per foot draught of water.

Down the Bay of Fundy, (not compulsory), $2.75 per foot draught of water.

Traxsportino

100 tons and under $2.00

Overioo " " " 200ton8 2.50

«' 200 " " " 300 " 3.75

" 300 " " " 400 " 5.00

And SOcts. additional for every fifty tons .such steamer shall measure over

400 tons.

(Signeu' J. U. Thom'as,

Secretary.

Pilotage, St. John, N. B.

APPENDIX D.

Office of Pilotage Authority,
District of St. John, N
May 22nd 1894.

ty,)

Rates of Pilotage for all vcsaels (not otherwise exempt) entering and leaving
the port of St. John, N. B.

INWARD OUTWARD

Pel foot draught of water.

On all Sailing Vessels (not
otherwise exempt) of

ao tons and under 200 tons

200

aoo

400

600
800
1000
1200
1400
1(100
1800

" 300 '•

" 400 "

" 600 "

" 800 "

" 1000 "

" 1200 "

•' 1400 "

" 1(100 "

" 1800 ••

" 2000 '•

•a w

_-*J

•.^

5-^

§3

h h

O »"

.S u

b b

■r^ W

ZJ ^

^ *^

...H W

fa. 2
Q

1.00

1.25

1.50

1.00

2.00

1.25

1.5"'

1.75

1.00

2.00

1.60

1.75

2.00

1.25

2.00

1.75

2.00

2.25

1.26

2.00

2.25

2.50

1.25

2.00

2.25

2.50

2.75

1.50

2.00

2.61

2.75

H.00

1.50

2.00

2.75

3.00

3.25

1.75

200

3.01)

3.25

3.50

2.00

3.29

3.50

3.75

2 25

2.00

3.50

3.75

4.00

2.50

2.00

And 25 cents jser foot, per district, for each 100 tons such Ships shall measure
over 2,000 tons.

INWARD.

OUTWARD.

All Steamers (not other-

wl-'B e

xempt) of

fa. 2

80 tons

and under 200 tons . .

1.25

1.50

2.00

1.25

2.00

200 "

300 "

1.50

1.76

2.26

1.25

2.00

:ioo "

400 "

1.75

2.00

2.60

L.-JO

2.00

400 "

600 "

2.25

2.50

2.75

1.50

2.00

600 "

800 "

2.60

2.76

3.00

1.75

2.00

800 "

1000 "

2.75

3.00

3.50

2.00

1000 "

1200 tons ..

3.00

3.25

3.75

2.25

2.00

1200 "

1400 "

3.25

3.50

4.00

2.50

2.00

1400 "

1600 "

3.50

3.75

4.60

2.50

2.00

1600 "

1800 "

3.75

4.00

4.75

2.75

200

1800 "

2000 "

4.00

4.50

6.00

3.00

2.00

And 25 cents per foot, per district, for each 100 tons such Steamers shall measure
over 2000 tons.

Note: — The above rate on Steanieivj not to apply to Steamers trading regu-
larly to St. John; they to pay the same rate as sailing vessels.

(3gd.)

J. U. TlIOMAs, SeCfutUryi

d leaving

1 measure

Pilotage, St. John, N. B.
APPENDIX E.

No. 1.

Department of Marine and Fisheries. 1
Ottawa, 21st Augu; ., 1894. (

Refer to No. 5566.

Sir:— I have to acknowledge receipt of
your letter of the 16th instant in refer-
ence to the matter of payment to the
Pilotage Commissioners of St. John for
attendaii .;e on meetings and requesting
copies of correspondence and also of any
order or authority given for any such
payment, and in reply I enclose here-
with for the information of the Board of
Trade copy of order in council of the 20th
March last, providing for the payment to
the commissioners of expenses incurred
by the commissioners in the discharge
of their duty, and also of correspondence
in the matter.

I am sir, your obedient servant,
(Signed) Wm. Smith,

Deputy Minister of Marine and Fisheries.

Ira Cornwall, Esq.,
Secretary Board of Trade,St. John, N. B.

No. 3.

(Copy.)

Department of Marine and Fisheries. \
Ottawa, 6th March, 1894. /

Sir:— I have the honor to enclose
herewith a. by-law passed by the Pilot-
age authority of the District of St. John
N. B., providing for payment of expenses
of Commissioners, and I have to request
that yoa will be good enough to inform
me whether there is any legal objection
to the By-law. I beg in this connection
to refer you to your letter of the 26th
October 1891, No. 504 of 1891, relating to
the Halifax authority. I am, etc.,

Wm. Smith.
Deputy Minister of Marine and Fisheries.

E. L. Nkwcxjmbb, Esq.
Deputy Minister of Justice.

(Copy)

No. 4.

No. 2.
Office of Pilotage Authority,
Dominion of Canada, District
ofS!;. John, N. B.,

Ist March, 1894.

Sir: — I have been instructed to for-
ward tr you the enclosed by-law, passed
by a meeting oftbe Board held this day,
for the approval of his Excellency the
Governor General in Council.

Trusting the matter will receive your
early attention.

I have the honor to be, Sir,
Your obedient Servant.

J. U. Thomas,
Secretary St. John Pilot Commissioners.

Wm. Smith, Esq.
Deputy Minister of Marine & Fisheries.

(Copy.)

Sir:

Department of Justice. 1
Ottawa, 12th March 1894. /

In reply to your letter of the 6th
instant No. 5566, enclosing copy of a
by-law jjassed bj the Pilotage Anf.hority
of the District of St. John N, B., I have
the honour to state that, in my opinion,
there is no legal objection to the propos-
ed by-law being approved.

I have to thank you for your reference
to my predecessor's letter of October 1891
relating to a b^'-law passed by the Hali-
fax Pilotage Authority.
Papers returned herewith,
I am &c.

E. L. Newcombk.
Deputy Minister of Justice.

The Deputy Minister of Marine and
Fisheries, Ottawa.

Pilotage, Rt. John, N. B.

'|!

No. 5.
(Copy) _

Certified copy of a report of a committee
of tlie Honourable tiie Privy Council, ap-
proved by His Excellency le Governor
General in Council, on the 28th March,
1894.

The Minister of Marine and Fisheries
sulmiits herewith for approval a by-law
passed by Ihe Pilotage Authority of the
District of St. John N. B., on the 1st
March 1894, providing for repayment
to the Commissioners of expenses nec-
essarily incurred in the discharge of
their duties.

The Minister states that the by-law

has been submitted to the Department

of Justice, and the Deputy Minister h;),s

reported that in his opinion there is no

legal objection to it.

The committee submit the same for

Your Excellency's approval.

Joseph Pope,

Assistant clerk of the

Privy Council.
To the Honourable

The Minister of Marine and Fisheries.

Each Ccmmissioner shall be entitled to
be repaid any expenses necessarily in-
curred by him in the discharge of his
duty as such Commissioner; provided
however that no Commissioner shall re-
ceive more than one hundred dollars, or
the chairman more than two hundred
dollars, for their expenses in any one
year.

J. U. Thomas,

Secretary.

(Copy)

No. 6.

OfTu^e of Pilotage Authority, )
D(miiniun of Canada.District f-
ofSt.Jolin,N.B. ,1st March 1894 J
By-law to provide for the payment of
the St. John Pilot Commissioners.

No. 7.
(Copy)

Department of Marine and Fisheries.
Ottawa, April 13th, 1894.
Sir.— Referring to hiy letter of the 16th
ultimo with reference to by-law passed
by t'-e pilotage aiitiiority of the district
ot St. John, N. B., I beg to inform you
that an order in council issued on the
28th ultimo sanctioning the repayment
to the commissioners of expenses neces-
sarily incurred in the discharge of their
duties.

I will forward you a copy of the Can-
ada Gazette containing the orde; in
council when issued. I am &c,,

Wm. Smith.
.1. U. Thomas, Esq.,

Secretary Pilotage Commissioners.
St. John, N. B.

■

'W/t

Pilotage St. John, ?' B.

2:^

3 entitled to
jssarily in-
.r^e of liis
; provided
er shall re-
dollars, or
hundred
any one

HOMAS,

Secretary.

APPENDIX F.

Fisheries,
th, 1894.

jfthe 16th
iw passed
he district
form you
id on the
epayment
ses neces-
;e of their

' the Can-
ordei in
c,

, Smith.

Pilotage at Portland, Me.

Portland, Me., August 9th, 1894.

Messrs. Scainmell Bros.,

St. John, N. B.
Dear Sirs : —

Your favor of tha 8th inst. at hand and
contents noted. The pilotage here is not
compulsory, and there are no branch pilots.
Most of the piloting is done by fishermen,
who pick the vessels up while engaged at
their business. In the absence of any spe-
cified trade made with the captain they can
collect $2.00 per foot on sailing vessels.

Frequently captains make a trade at mucn
less rate.

During the winter season, while the re-
gular lines of steamers are running here,
each line has their pilots, and they then
have regular pilot boats, and go out cruis-
ing tor the steamers. They get $3.00 per
foot for piloting them inwards, and $1.25
per foot outwards.

We have no pilotage law.

Any further information we can give you
on the subject we will gladly furnish.
Yours v-jry truly,
(Signed) Chase Leavitt & Co.

loners.

2-k

Pilotage, St. John, JV. £,

APPENDIX G.

Extracts trom Report of the Special Committee of thn St. Jotin Board) of Trade on
the Bay of Fundy and Port of St. John, N. B. January, 1887.

On tfie 27th January, 1887, the report of a Special Committee on the Bpy of Fundy
and Tort of St. John, N. B., consisting of Messrs. R. Cruikshank, Andre Cushing
aud W. E. Vroom, was read at a meeting of the St. John Board of Trade. It has
been proposed to reprint this valuable report; but, even during the short period
which has elapsed since its p.. paration, important changes have taken nlace in con
nection with the harbour of Saint John The map published with the report could
not show the Intercolonial Railway extension northwesterly from the L C. R. II.
wharf to the wharves extending from Water Street, and the warehouses built by the
City at the termination of the line ; for that extension, furnishing facilities for the ready
transhipment of the cargoes of two more largo steamers, had not then been carried
out. Nor could it give th(; (Hty wharves and the Canadian I'acific railway wharves,
freight sheds, and grain elevator, completed on the opposite side of the harbour
durtng the last four or five years.

It has been finally decided to reprin*^ at present some extracts from this report,
bearing more particularly upon the navigation of the Bay of Fundy and the harbour
of St. John, in conn. • ion with the Report on Pilotage, presented to the Board in
September 1894. Ti 'se extracts seem to confirm the views of ^he Pilotage Commit-
tee that there are no ilifficulties in connection with the ordinary navigation of these
waters, that cannot be overcome by the exercise of prudence and skill on the part
of shijis' olhcers in the mercantile marine ; while the visits of 11. M. S. " Blake." the
flagship of the North American squadron, in August 180:5 and June 1894, coupled
with the stat'Mnents in the extracts, show very clearly that the largest vessels can be
brought in safety to the harbour of Saint John, even at those periods of the year
when fog3 are most prevalent along the North American coast.

EXTRACTS FROM REPORT AND APPENDICES.

"That a stretch of water such as the Bay of Fuudy. and a harbor such as that of St.
John, which have been fretjuented for the last hundred years by such a vast number
of both sailing vessels and steamers, of the largest class, should "be so little understood,
is very imaccountable."

"One of the reasons for so many er, ous ideas prevailing, is attributable to the
very incorrect and biassed information given in recently published charts, which mag-
nify and misrepresent the difficulties attending the navig.ation of the Bay of Fundy.

Pilotage, St. John, N. B 25

We would instance one of these Charts which has come under our notice, entitled "A
Chart of the Coast of North America from the Strait of Belleisle to Boston", published
by one Charles Wilson, in London, in the year 1877 In a memorandum on that
■nart opposite to the entrance to the Bay of Fundy, occurs the following remark,
to which your conmittee would call particular attention.

^^ yUps navigating the Bay of Fundy have to encounter on atmosphere almost con-
Mtly envelopes in dense fogs; the tides setting with great rapidity over the
^^ rocks and shoals, with which it abounds, and a difficulty of obtaining anchorage on
^^ account of the depth, so that under these circumstances the most unremitting attention
' is requisite to prevent disastrous consequences, which must necessarily attend a want
'' of knowledge and caution.""

From the tenor of the above statement, and many others of a similarly unfair and
untruthful kmd which have been met with, it is no wonder that strangers should feel in-
clined to give a w.de berth to a place represented as being so dangerous. In giving
rebutting evidence against such statements as the above, vour committee have applied
onlv to sources known to be of the most reliable kind, on whose truth and accuracy
the utmost dependence can bv3 placed.

First, then : As to the statement that "the atmosphere of the Bay of Fundy is con-
stantly enveloped in dense fogs," your committee would ask reference to a statement
made up from the account regularly kept by the keeper of the fog whistle situated at

PARTRIDGE ISLAND
at the entrance to the harbor of St. John, tor the winter months for 17 years from
1870 to 188t), both inclusive. (See No. 1 of Appendix.) The fog average was :
Months.

November ^- f;

December

January !.!...**. 91 2I

?;^7^^ ; 16 46

^^'l^'^ 17 56

^P"^ 40 4

A total of "777 "77

116 11

or an average per month of 19 hours and 22 minutes, or 38 minutes per day.

And from a comprehensive return by the same party (No. 2 of Appendix,*) made
up for the whole year during a period of 21 years from 1865 to 1885, j our committee
gather the information that the whistle was sounded trom all causes on an average each
month during the months of

January H days. May U days. September 4 days.

Februarys do June 6 do October ^ do

Mai oh 3 do July Ih do November U Jo

^P"l 2d do August 7i do December 3 do

or an average of 3 hours and 22 minutes per day during the 21 years.
*Thi» Appendix haj uol been reprinted.

Pilotage, St. John, M. B.

Your committee would remark that much of the time put down in this return as re-
quinng the whistle to be sounded in the summer months, is not from fog alone, but
from smoke from the burning of the forest in proximity to the shores of the B^y of
Fundy, and in winter from vapor arising from the water of the Bay caused by the ex-
treme cold prevalent in the months of January and February.

There is also to be found in No. ;5 of the Appendix* a statement made up from the
returns by the keepers of the fog whistles situated at Machias Seal Island. Head Harbor
Pomt Lepreaux, and Partridge Island, showing the state of the atmosphere in the
Bay of Fundy during the winter months of 1883-84 and 1884-85, from which it will be
seen that during the six winter months of those two years, at the four stations named,
there was, on an average, only ;5o minutes of fog per day."

"As an evidence of the opinion entertained by underwriters of the safety of the
navigation of the Bay of Fundy, we are authorized in saying that the agents in St. John
for manne insurance companitvs are taking risks from St. John direct to Europe at the
same rate of premium as from Halifax, Nova Scotia, and from Boston and Portland,
thus mmimizmg the dangers of the Bay, which have been made such a handle of by
parties who are interested in disparaging the character of our port." .

" The coast all along from the entrance of the Bay of Fundy to the harbor of St.
Jon- IS so thoroughly protected by fog whistles, automati(.- whistling buoys, and
lighthouses, that it must proceed from the greatest carelessness or unseaworthiness
(unless in veiy exceptional cases) that a vessel should go ashore or even touch bot-
tom. From the entrance to the Bay of Fundy at Machias Seal Island by way of the
north or west channel, and at Biiar Island, on the south channel, to the harbo'r of St
John, vessels do not lose the sound of one fog whistle or automatic buoy until they
catch the sound of another, and the soundings by the lead are so regular and the'
anchorage so good, especially at the entrance of St. John harbor, that danger is re-
duced to a minimum, even in the thickest weather. Pilots state that they dread more
to enter Boston or Portland or Halifax harbors during a fcg than they do St. John
and vessels bound to New York, Boston and Portland have sometimes to lie longer
outside those harbors for tide than at St. John : and when foggy weather prevails, it
IS generally as densi? (if not more so) at Portland and along the coast of the State' of
INIaine as it is in the Bay of Fundy. In winter, fogs an very rare. They are more
frequent in the months of Jun.^ July and August, but seldom continue so thick for
days m succession as to preclude seeing lan.l in the Bay, and neither fog nor snow
prove a bar to delay to steam vessels, the navigation of the Bay being so simple-
there being no treacherous shoals or rocks in the way from the mouth of the Bav to
the Port of St. John. We may instance the steamers of the International Steamship
Company, which have plied between St. John and the port of Boston for a period
extending over a (piarter of a century, making three and four trips per week, each
way, for part of the year, and two trips each way, per week, in winter, carrying an
immense number of passengers and very large quantities of freight, and never lost a
single life in all that time on that route. During the past thirty year^ passenger
*Not reprinted.

Pilota<je, St. John, N. B. 2I

steamers have been running between St. John and the western part of Nova Scotia
and during all that time not one was lost, thus proving that neither fog nor snow in-
terfere with steam vessels in their passage to or from the harbor of St. John where
proper care is taken. '

IN THE MATTER OF ICE

in winter, your committee may confidently assert that there is not a port north of
Cape Hatteras so entirely tree from ice as St. John is. The ice which forms on the St
John river and its tributaries terminates at the Narrows, some three miles above the
falls, which are situated about a mile above St. John harbor, and is completely de-
barred from escaping into the harbor by these narrows, so that there is no shell or
anchor ice m the harbor in fall or winter, and in spring the thick heavy ice of the
river is thoroughly rotted before breaking up and coming through the falls, and any
reninants of any considerable size are thoroughly pulv.3rized in coining over the falls •
and as to the formation of ice within the harbor, it is impossible, owing to the greai
rise and fall of the tide Again, there is never any field ice in the Bay below^hl
port This can hardly be said of any other port on the coast north of Baltimore • in
fact there is no port north of Baltimore, including Philadelphia, New York, Boston,
i^ortland and Halifax, tliat have not been frozen over, and had vessels cut out of the
ice in them, except St. John. Shipmasters and owners of vessels, therefore, may be
fully assured that no damage can be sustained from river, harbor or bay ice in navi-
gating the Bay of Fundy, or in the harbor of St. John. Under the accumulation of
evidence which your committee have been enabled to place before the Board thev
feel that they ^

MAY SAFELY ASSUME

1st. That the navigation of the Bay of Fundy, from its month to St. John is re-
markably simple and free, whether by the south or west channels ; so much so that
pilots prefer making the port of St. John in bad weather to any other port on the coast.

2nd. J hat the fog or cold vapor never occasions delay of steam vessels in summer
or winter, and that there is never the slightest obstruction from ice.

3rd. That Atlantic steamships need make but one straight course from their regular
track to Portland and Boston up the Bay of Fundy to St. John.

4th. That the south channel, opening into the Bay, is 18 miles in width at the nar-
rowest part, expanding rapidly to 35 or 40 miles of unobstructed deep water naviga-
tion, which holds good all the way up the Bay to the mouth of St John harbor where
superior holding ground can be found ; or giving clear sea room, of say 35 by 50
miles, to a stranger who might not feel confidence to enter o-jr port in a storm

5th. That both the largest war and merchant ships have visited our harbor, except-
ing the -'Great Eastern,'' and that she could easily be accommodated.

6th. That the port of St. John, in so far a. navigation is concerned, is not only
•'one of the safest" but actually THE SAFEST PORT, summer and winter- nil H,;
year round, north of Cape Hatteras."

Pilotai/e, St. John, N. B.

a -.

*-£> 3>^ eo «o -*

rH CO SC <N >*

O ^

'O O 'O "O O 'O 'C 'O <"-

•2 o o o i^ o

CC iC lO so i-H (M

-T 1-1 ixi 1— I so ix so

l> 50 (N CC I-H

.S : : : -

•O 'O "O >o o

l>> ^ (>1 ^

CI so so -^ 1^

I-H (N Cfj

'C C O >0 O 'O 'O lO

■^ "O ff^ so 8^ c<i so

'^ so <N 1— t r-( tD

o © o

»-l <M -^

O 'X> C<) OJ
so •»+ :ci

o _

O lO

>^ lO 'O lO O U5 O
•^ ■<*< 1-H M (N i-H CO

cc _

CO (N 5^

'-I t>. -*

-* «0 00 Ci

T— t GO

^^ "O O 'lO O lO C- O O C^
COSOOO^rHO^WOT

o
o

on ,
<N CO

•* so rH t>. 50 ^

t>. h-

a ' ^ "

'O "O O O O "O
so ■* so r-l O tl

O 'O >0 uO 'O O O O lO
"OlOlOCOr-IO-^iOrH

'O t^ -* 'I' tH -f

o
so

iO CO 1^ (N O 00
■-I i-H CM IM

S i^ S ?-2 it t2 ^ .^ i» «^ 9 ^ '^ 5^ ■•* 'o CO

2
a

o
55

■a

•a

2 I-.

3 o

u
a>

be
o

o fi

■3

«j

. «

Filotatje, St. John, N. B. 29

Appendices Nos. 2 and 3 are not reprinted.

Appendix No. 4.
Compiled Statement of Fog, Snow, Vapour, Rain and Smoke in the Bay of Fundy
%m\8Zt Isslr^^^'^^ ^''""'"'' '^""""'■^' ^'''■"''"^' ^"''^ ''"^ ""P"'''

NOVEMBER.

1880
1881
1882
1883
1884
1885
1886

1880
1881

im-A

1883
1884
1885
1886

Foo.

Total, 91

H. M.

11.55
16.35
13.15
26.00
2.40
20.50

7.30

&2.00
9.00

Total, 38.30

DECEMBER.

53.30
11.55
35.50
66.30
42.30
58 15

7.50

2.40
21.50
78.50
12.15

268.30

123.25

56.40

7.40

.40

9.30

2.30

5 05

10.40

9.50

22.25

83.40

12.45

3.10

61.15

JANUARY.

1880

1881

7.45

1S82

4.15

1883

14.35

1884

^J 20

1885

1886

9.30

Total, 72.25

Pilotage, St. John, N. B.

Appknwx No. \.— Continued.
Compiled Statement of Fog, Snow, Rain, etc., (Continued.)

FEBRUARY.

Fog.

Snow.

Vapour.

Rain.

Smoke.

11. M.

H. M.

1880

1881
1882
1883
1884
1885

25.20
11.05
12.25
65 35

77.45
95.25
43.15
75.40

6.20

13.35
3 20

24.00
7.15

4 10
3.00

3 25

1886

13.55

57.05
349.10

98.25

42.40

3.30

Tota

il, 128 20

104.45

90.50

14.05

MARCH.

1880

1881
1882
1883
1884
1885

7 35
16.30

2.50
16.30

25.15
76.00
68 35
83.40

2.00

9.45
17.35
26.20
10.16

2.30
10.10

1886

17.20
I, 60.45

119.05

4.00

17.50

Tota

372.35

6.00 1

81.45

12.40

APRIL.

1880

1881

820

20.55

7.30

1882

39.15

71.15

13.30

1883

49.30

21.55

7.25

1884

22.40

10.10

9.00

18.40

1885

1886

99.50

9.30
133.45

.50

5.15

2.30

Tota

l1, 219.35

.50

42.40

21.10

Pilotage St. John, H. B.

Appendix No. A,— Continued,

AVERAGES.

Of Compiled Statement of Fog, etc., at all the Fog Whistle Statiotu> in the Bay oj
Fundyfor the months of November, Dectmber, January, February, March and
April, from 1880 to 1885, both inclrmve.

November . .
December.-.
January . . . .
February . . .

March

April

Sums.

Means .

Or per day.

Foo.

H. M.

15.12
6.2.5
12.04
21.23
10.08
36 S6

101.48

16.58

34.

Snow.

H. M.

11.52
44.45
50.30
58.02
62.11
22 18

249.. 38

41.36

1.23

Vapouh

H. M.

20.40

39.10

17.28

1.00

.10

78.28

13.04

.26

Rain.

H. M.

17.03

9.27

8.02

15.08

13.38

7.07

70.25

11.44

Smokk.

n. M.
7.15

10.13
2.43
3.11
2.07
3.31

29.00

4.50

.10

Pilot aye, St. John, N. B.

APPENDIX NO. 5.
(Letter from Capt. W. A. Robinson.)

St. John, December 4th, 1886.
The St. John Board of Trade,

rjKNTr.KMKN,— Having read various reports in the papers concerning the Bay of
Fundy, I, as a seaman and mates employed in tfie coasting and foreign trade of ^he Bay
of Fundy, from 1819 to 1824; and from that time until 1802, as master of St. John
and other ships, in foreign trade ; bog leave to m>>ke some statements concerning the
navigation of the Bay of Fundy.

In my many years' experiences, I have not met with any trouble from fogs, tides,
shoals or shores. On one occasion (while mate) I returned to St John in an p]nglish
vessel, the master of which had nevci been in the Bay of Fundy. He consulted me
on the dangers of navigating the Bay. I recommended him to make Cape Sable bank
and from that point, with attention to the soundings, he could avoia all the impedi-
ments that lay in his way, and with my assistance he brought his vessel to anchorage
near Masquash. On nearing the Bay we obtained a St. John [)ilot.

My many years' experience warrants me in affirming that the Bay of Fundy can be
navigated with as much ease and safety in sununer fogs and winter snows as any other
port in North America, notwithstanding all the unfavorable reports of ignorant or
prejudiced persons.

In respect of the great rise and fall of tides, they are a great convenience and no
obstruction to navigation I have never met those various and uncertain currents so
much spoken of, and, consequently, dreaded by strangers. As to charts, I prefer to
use the Biitish Admiralty publications.

The rocks and shoals in the Bay of Fundy are all within fjie line of soundings, and
with proper attention with a 'ead, may be avoided, there being a clear channel of 182
miles on a direct course ^om Cape Sable bank to St. John harbor. I ask my brother
shipmasters to pardon my recommending to them lo be .uui-e attentive in the use of
the lead, and they would avoid many of the rocks and shoals on which they may have
been wrecked I am, yours truly,

W. A. ROBINSON.

Appendix No. 6 is not reprinted.

APPENDIX NO. 7.

(Letter from Capt. B. B. Bustin.)

St. John, December 9th, 1886.
The St. John Board of Trade,

Gentlemen,— Having followe<I the sea fo,- over half a cer*ury, and during that
time having sailed out of St. John regularly from f(jur to five times a year for ten
years, an! often afterwards, lean give an opinion of the Bay of Fundy from long
experience. During the period from 1835 to 184.5 I sailed between here and the

Pilotdge, at. John, K. B.

West Indies as masUT of a vessel, and never met with the bliifhte.st accident in the
Bay ofFiindy. At that time we had longer spells ot and thicker lo^; tlian new, and
there were only five or six lights in the Hay ; yet by keeping a man on the look ont
and lead going, I found no trouble in conung up the Bay. I have time and ajjain
entered the Bay of Fundy in a dense fog, and have never seen land till I made the ])ort of
St. John. Several times I have come up the harbor on a cold winter night in a
heavy gale, when it was impossilde to get a pilot, and that, too. v.ithout any great ddli-
eidty, although there were no buoys in the harbor. Witii our numerous lighthouses,
fog horns, and buoys now in use, it is an easy matter to make our port I v.ould far
rather take my chances in the liay of Kuiidy, making for St -lohn in fog, snow or
storm, than fu enter the ports of Boston or Portland under iie same conditions.
The Bay of Fundy is a safe bay, for one can always have plenty of diift and can
readily tell where he is by the soundings. I consiiler St. John to ue easier of access
than anv port on the Atlantic coast.

r-'AF']'. B. B. BUSTIN.

APPENDIX NO. H.

(Tietter from Capt. Joseph Prichard.)

St. John, N. B., Deceml)er l;}th, 1H8G.
The St. John Hoard of Trade,

(iKXTLEMEN,— I have frequently come to the Hay of Fundy for twenty-eight ye8>'s,
and sometimes about five days before arrving in port, could not get a meridian
altitude, and consecjuently, had to trust entirely to the lead and distance. I have
always found soundings on Sable Ts'and bank trant^parent sand, and tii'i deep water
soundings between the banks and the coast of Nova Scotia always mud bottom.

La Have bank the lead strikes hard on a very fine sand at f. om forty to fifty
fath -Ills, and on the east of f'a{)e Sable the bottom is rocky, and, w!ien on the bank,
coarse sand ; and as we approached the west side of Caj)e Sable bank the soundings are
black gravel and shells, then the Bay is open to the north, but it is best to keep on to
the westward until the water deepens to seventy, eighty, or ninety fathoms, and after
that to get on the edge of the bank and sail parallel to the edge in about fiity fathoms
till abreast of the Lurcher, when the water will shoal to aliout tliirt}'-five I'atlioms,
and by keeping on the same course the water will get deeper, and not to get into less
than fifty fathoms till you get abreast of Briar Island. The shoal water at the
Lurcher will indicate the distance up the Bay, and, conseipiently, the distance to run
till abreast of Briar Island, and in about eighty to ninety fathoms, when we
can shape on:* course N. E. by north for Partridge Island. By keei)ing a good look-
out we often see the land from the masthead, over the fog, when you cannot se(! much
more then the length of the ship from the deck, auv, in very eo'd weataer, in the
winter, the vapors seldom rise higher than the ship's lower masthead. In the sailing
directions the method of taking the passage is up west of Grand Manan, but I always
preferred the east of flrand Manan, as it is much the shorter, and I have never had

Pilotage, St. John, ^\ B.

an acoidi'nt. In beating along the soutl: coast of Nova Scotia, in a fog or vapor, with

the wind S. W., I would not stand inshore nearer tlian forty fathoms ot water.

As far as the vapor or fog is concerned, going to P)Oston or Portland you have the

same to contend with.

J. I'HICHAIIJ).
Appendices Nos. 9, 10, 11 and 12 are not reprinted.

APPENDIX NO. 13.

(Statement from Capt. ('has. S. Taylor, Harbor IMaster of St John.)
The St. John Board of Trade.

(Jkntlkmkn ;— I was about twenty year.s a pilot in the Bay of Fundy, I have
l)rought many steamships up the Bay of Fundy in the sunnner time ; not many in the
winter, as during the time I was pilot steamships did not come regularly from seaward
in the winter, with the except! >n of the Allan Line. I would have no hesitation, as
a pilot, in bringing any of the largest mail steamers to th(( port of St John all through
the year, summer or winter, but would prefer the winter, the atmosphere, as a rule,
l)eing more clear then. With a steamer drawing twenty-seven feet of wattT, the
harbor of St. John can be entered about half flood. I consid 'r a large ship safa at
the railway wharf in any weather. I consider the corporation ])ier, however, a safer
wharf; the dtspth of water at that wharf is thirty feet at the south end and twenty-
five feet at the north end, twelve feet from the pier. I consider the anchorage 1 1
Partridge Island, at the mouth of the harbor, excellent. The channel could be dredged
to a sufficient depth I'.u- ships of any draught of wat^r at low tide. I consider the
John HobertsoL wharves well suited for permanent wharves for steamers of large size,
and a very suitable wharf could be built ac Sand Point, Carleton, by adding to the
present, there being twenty-seven feet at low water springs.* J consider the holding
ground in the harbor to be very good. Th(! steamer "Kansas'" loaded at the railway
pier, about three years ago, and she drew twenty-s' v .eet. At this time there were
nine steamers in the harbor at one time, two of them respectively of ^,270 tons and
5,146 tons, and the other seven from 1,600 to 3,000 tons each I consider the naviga-
tion of the Bay of Fundy as easy and safe as any place I know of; the running courses
are few and simple, and the very few obstructions are hardly worth mentioning.

CHAKLES S.TAYLOR,

Harbor Master.

APPENDIX NO. 14.
(Statement from Puehard Cline. one of the St. John liranch Pilots.)

St John, 7th January, 1H87.
The St. John Board of Trade.

(Jkntlemen,— 1 have been about thirty-nine years a St. Juliii pilot, and have been
in the habit of taking charge of steam and sailing vessels outside of Briar Lshuid, at

♦This Ims since broii iloiic.

Pilotage, St. John, iV. B.

the mouth ot the Bay of Fundy. T have brought many steamers of the Anchor Line
and others from Halifax, and some from New York, and T have brought many ships
of war, both British and United States, into the harbor of St. John. I was j.ilot on
board H. M. S. " Northampton,'' drawing twenty-six feet, from Halifax here in
August, 1S7S. We harbored at Liverpool. N. S., Flagg's Cove, Grand Manan,
Bliss Harbor, and Digby, and from thence to St. John, and then back to Halifax.
The weather was thick most of the time. I had no difficulty. At the time of the
Trent affair I brought several troop ships in here, boarding them in Halifax. I had
the "Jura," the "Calcutta." the "Australasian," the "Adriatic," 5.5/5.5 tons, and
many others were here that winter, brought in by other pilots. Thirty years ago
last summer I piloted the U. S. steamer " Mississippi" from Eastport here ; she drew
twenty-two feet ; the wtather was thick ; there were no fog alarms in the Bay then, and
we got along well enough, although the weather was thick. I also piloted the American
ship " Great Republic," the largest merchant sailing ship ever built. We sailed up the
Bay and into this port, and came to anchor in the harbor without a tug. About three
hours tfood would be the time to enter the harbor with a ship drawing twenty-seven feet,
and the same applies to Boston and Portland, Me. The navigation of the Bay of Fundy
compares most favorably with other ports and places where I have been. If a ship of
deep draught of water arrives off the harbor and has to wait for the tide, she can
either anchor outside Partridge Island with safety (the anchorage being excellent) or
she can lay off and on, there being plenty of sea room. I would rather approach St.
John in bad weather than any other port along the coast. During the time I have
been pilot, I have myself brought in two hundred steamships and have never had an
accident with one of them The aid of a tug is not necessary either in entering or
leaving the port with steamships. The land of the Bay Shore is high, and one can
always see it over the vi-por occasioned by extreme cold weather. It can generally
be seen also in tbggy weather by going aloft. The soundings are good from Cape
Sable into St. John, and one could come in during the densest fog by using tue lead.
Thi' whistles are good and numerous, but when they cannot be heard, a pilot or cap-
tain can come up by soundings, which are very regular. From the usual track of
Atlantic steamers bound to Portland a.id Boston, the navigation of the Bay by the
south channel is plain and simple It is a straight course from Briar Island to Part-
ridge Islarul, say sixty miles. In fact, those steamers, by keeping on their regular
course towards Portland and Boston a few extra miles west of Cape Sable more than
is neci'ssary to er.ter the Hay can then turn and make one straight course to Part-
ridge Island, at the mouth ot St. John harbor, and this without any obstructions
within twenty miles of the line sailed alter entering the Bay. The south channel is
broad, being eighteen miles wide at its narrowest part, which is at the en-
trance of the liay, between Briar Island and the "Old Proprietor," so
called. From this point inward it immediately widens to thirty-five or
forty miles, which width it holds good all the way to St, John without obstruction of
any kind. When jtiloting sailing shi[)s out of the harbor I never anchored at the
Island to await a chance on account of fog. I always went on. thick or clear, and

Pilotage, St. John, N. B'

would work my ship out south channel, even beating out all the way if wind was ahead.
I do not consider the tides dangerous by any means, but one must, of course, have
some knowledge of them when entering the Bay. From Briar Island up the tides are
very regular. There is never any ice in the harbor to interfere with or injure ships.
There is never any field ice to contend with in the Bay, even in the severest weather.
There is about eighteen feet of water in the main channel eastward of Partridge Island
at low water spring tides. This could be easily dredged if desired. It would be cut
clear by the tide if the breakwater was extended to the Island ; that would make one
of the most comfortable harbors this side of Europe.

RICHARD CLINK.

APPENDIX i;0. U.
(Letter from Samuel Rutherford, Pilot for the Bay of Fundy and Harbor ot St. John.)
The Committee of the Board of Trade,

Gentlemen, — I have been thirty-four years a pilot in the Bay ol Fundy. 1 have
been to sea altogether forty-two years, and have brought large steamers of heavy
draught of water into the harb -of St. John. Vessels of this class can enter about
half flood. I consider the navigation of the Bay of Fundy quite safe in the winter
time — the weather being then clear, as a rule. I do not consider that vapor renders
navigation unsafe, as it is very seldom so high as to obstruct the view of the land — it
only prevails during northerly winds, and is of short duration. When coming here
from Halifax I have often taken charge from that port. I have often brought ships
through the channel between the north-west Ledge and the "Old Proprietor," by the
lead, and have not seen the land. I consider the holding ground of!" Partridge
Island to be ac good as any known. The bottom in the main channel on entering
this port is gravel and mud, and could be dredged for large ships. The average
deptli of water off the ( ustom House, at low water springs, is ten fathoms. I
consider the harbor of St, .Fohn easy of access in any weather, as the courses from
Cape Sable to St. John are few and very simple, and can be run with ease, ordinary
care being observed in thick weather to keep the lead going. The soundings being
very regular and pronounced, and the Bay of Fundy being admirably provided with
light houses, fog whistles and automatic buoys, makes the chance of loss or damage
very small indeed. I consider that the harbor of St. .lohn and its approaches compare
very favorably with any other harbor on this coast, as they never 'Veeze over in win-
ter, which cannot be j^aid of any other harbor north of Hatteras.

SAMITEL RUTHERFORD.

Appendices Nos. IT) — 20 are not reprinted.