THE LOSS OF THE DUCO.

Otago Daily Times, Issue 14702, 9 December 1909, Page 6

THE LOSS OF THE DUCO.

HILF, there seemed to be a likelihood of a rc-heariug of the inquiry into the circumstances surrounding the loss of the steamer Duco, it would have been obviously improper for any paper to have commented on tho result of the investigation before tho Nautical Court in Wellington. Even now it is, perhaps, not very certain whether there •will bo a re-bearing or not, but Mr Belcher, who is evidently apprehensive lest the disaster and its lessons may be too readily forgotten, is impatient for tho application of such retribution upou the persons responsible for the despatch of the vessel 011 her fateful voyage as will satisfy tho demands of justice. We are afraid, however, that if Mr Belcher will look into the matter a little more closely than ho lias dono so far he may find that there are practical difficulties in the way of tho exaction of tho penalty lie claims. The Court found that the Duco, laden as she was, was unable to encounter tho perils of the sea 011 a voyage to tlio Chatham Islands, and that she was, therefore, technically unsoaworthy. Put at its highest value, that finding expresses tho belief of tho Court., based, on various opinions of different witnesses respecting the sea-going qualities of the Duco and various estimates of other witnesses respecting the quantity of deck cargo tho vessel carried. As against this there is tho fact that tho officers of the Marino Dopartment, whoso duty it was to satisfy themselves with 'regard to the seaworthiness of the Duco beforo she left port, apparently saw 110 reason to stop her going. It must be confessed that in view of all the circumstances it would bo a somewhat difficult task to convince a jury that the owners of the vessel, or their executive officials, or whomever it might be proposed to fasten tho onus upon, were, as Mr Beleher apparently suggests, criminally responsible for t'ho disaster. Moreover, there is a, prior difficulty. It is laid down in the Shipping and Seamen Act that " every person is guilty of a crimo who sends ... a British, ship to sea in such an unseaworthy state that the life of any person is likely to bo thereby endangered," except under circumstances such as did not obtain in t-hi.s case. But a, prosecution under this ■section can only bo instituted upon tho petition of one-half of tho crcw of tlio ship—an impossible occurrence in this instance—or by or with the consent of the Minister of Marine. If, however, the departmental officers sanctioned tho departure of the Duco it could hardly be expected that the Minister would authorise a prosecution, which they could not support with their evidence. What the loss of this vessel seems to point to is tho need for closer inspect tien of small craft prior to their departure from port. The Duco was a powerful little boat, and had proved herself a .serviceable tug; but if the conclusion formed by some expert witnesses, that she was not a vessel of a, class that could s-afely carry a, deck cargo such as she had when she left Wellington for the Chiitliams, was sound, then she should certainly have been prevented from leaving until her decks were clear. Even if this precaution had been adopted, however, it would,* of course, not liave ensured tho safety of tho vessel. The perils of the sea are many and grave, and even Mr Belcher will not contend that they can. all be foreseen.