FOR OFFICIAL USE
(No. 7864).
"CAIRNTORR" (S.S.)
CANADA SHIPPING ACTS, 1906-08.
In the matter of a formal investigation held in the Wreck
Commissioner's Court, Montreal, on the 2nd November, 1928, into the
circumstances attending the stranding of the S.S. "Cairntorr" abeam
of Outer Island, Coacoacho Bay, west of Cape Whittle, Gulf of St.
Lawrence, on the 23rd October, 1928.
The Court was presided over by Captain L. A. DEMERS, F.R.A.S.,
Dominion Wreck Commissioner, assisted by Captain N. MARTORELL and
Captain J. MCCALMONT, as Nautical Assessors.
Mr. R. T. HENEKER, K.C., representing the Master.
Mr. LUCIEN BEAUREGARD, K.C., assisted on behalf of the Owners of
the "Cairntorr."
REPORT.
The "Cairntorr" was a steel built ship, single screw, of a speed
of 10 knots; her tonnage was 3,249 net and 5,378 gross; her
official number 145505. She carried 46 men, 3 deck officers and 4
engineers included. Her length was 450 feet and breadth 52 feet.
Her draught at the time of stranding was 26 feet. She was bound
from Montreal, loaded with general cargo to Newcastle. She was
supplied with all the necessary navigational instruments and
sailing directions and latest Admiralty Chart. The standard compass
had been erratic prior to last September, but being adjusted then,
it was found reliable. The deviation on the course then steered had
been found to be about 3° to 4° Westerly. Courses had been made
good. At Treble Island, a 4-point bearing was taken, placing the
ship about 4 miles off Grange Shoal where a beacon some 30 feet
high is erected, the intention was to take a proper departure. At a
suggestion from the 2nd Officer that the ship appeared to be close
to the land, an alteration of 4 degrees was made, bringing the
course S.84?? E. true, the ship striking shortly after, and
remaining fast. The rush of water was rapid, boats were launched,
and the crew ordered into them. The ship finally disappeared during
the night of the 27th.
JUDGMENT.
The Court, having carefully weighed and reviewed the evidence
adduced, finds by analysing the evidence, that everything went on
well till Treble Island was reached. It is evident by the trend of
evidence that the 4-point bearing taken at Treble Island was but a
perfunctory one, since the Master avers that he wanted to reach
Grange Beacon to take a proper departure. Was a proper departure
possible at Treble Island to be checked as the Grange aid to
navigation appeared in sight?
There was a strong S.W. wind, blowing force 6, with some sea
striking on the starboard quarter which as a possible disturbing
element or factor, was not considered. No allowance was made for
its possible effect, and, blowing that force, even if not
contributing to cause the ship actually to experience a leeway, the
body of water moving in a northerly direction, would carry the ship
in that direction, invisibly, but surely. Such probability was not
thought of. If the compasses were right, the course properly
steered and a proper 4-point bearing taken at Treble Island, then
the Court's theory of the effect of wind and sea is proven, and by
the fact that the ship struck after an alteration in course of 4°
was made, following the 2nd Mate's remark that she was in rather
close. The ship must have been close indeed, as the 2nd Mate's
remark had reference to the land back to Grange reef, or shoal,
which is submerged.
It is said that the ship struck on an uncharted rock. The Court
has no doubt about it. A glance at the chart is sufficient to
convince an examiner that reefs, submerged rocks abound, but they
are not in the path of vessels plying their trade between Canada
and foreign ports, that is on the course they should follow. If a
shipmaster elects or chooses to rub the shore, he will undoubtedly
make some discovery which in all reason any Government or
Department is not supposed or called upon or expected to buoy or
discover in the course of surveying and triangulation. There is a
hazardous and safe side in traversing any territory. In the case of
the "Queen's County," which preceded this disaster, and which was
mentioned in the course of the enquiry, the reasons given were not
similar. It may well be asked how it is Captain Baker did not get
an exact and accurate plotting of the position of the ship on that
rock. He stated "it is about here," and made a mark on the chart,
which gave the position of the rock, reef or whatever it may be
called, pinnacle, it was said. The ship stranded on the 23rd and
was definitely abandoned on the 26th. Surely it was all important,
necessary to fix the position, since it implied that the rock lies
somewhat in the path of vessels. The Department of Marine and
Fisheries despatched one of its surveying vessels, with the result
that the rock in question has 6 feet of water over it, and lies
2½1/2 miles from the beach and ½1/2 mile from Grange reef.
Measuring the position given by and plotted by the Master, it gives
a distance of 2 miles from the Grange reef as shown on the chart.
On his, the Master's evidence, his plotting and his admission of
not taking force of wind and sea into calculation, the warning of
his 2nd Officer, of the closeness of the shore, a situation he
should have discovered himself, he cannot plead that his navigation
was prudently, carefully or safely done. In other words, his work
is and can without fear of contradiction be termed unwarranted
close sailing.
This judgment is arrived at after a very minute careful perusal
of the evidence.
This disaster happening in practically clear weather, there
being no valid excuse offered, and none is found, the Master is
found in default, and the Court is perforce compelled to deal with
Captain Thomas James Baker's Certificate No. 141600, which is
hereby suspended for a period of six months from the 2nd November,
1928, to the 1st May, 1929, inclusive. As the document in question
was lost with other papers the Board of Trade is, therefore,
requested to withhold a renewal for that period. The Court,
however, recommends that a First Mate's Certificate be issued to
Thomas James Baker in the interim.
The Court further adds that carelessness is apparent in the loss
of the ship's papers. There was no panicky condition when the
parcels containing the ship's papers and charts were handed into
one of the boats. Why were they not entrusted especially to the
care of someone? Though it is averred that the 3rd Officer was the
custodian his evidence was not obtainable as he had left for
England. Enquiries should have been made to secure the attachée
case with the documents before the boat was cast adrift.
Hardly had the Investigation adjourned when the Department of
Marine and Fisheries ordered an immediate survey of the place. The
reef or rock upon which the "Cairntorr" met her doom was found to
be 2 miles, 180° from Outer Islet beacon and half a mile south of
Grange Rock, the depth of water on the rock being 6 feet, and the
wreck of the "Cairntorr" discovered to be lying just north of it.
The position obtained and given is:
Latitude 50° 07' 16" North.
Longitude 60° 17' 45" West.
No magnetic disturbance was discovered or found.
Hence the finding of unwarranted close sailing is substantiated.
The statement of the Master to the effect that some vessels passed
half a mile south of him is not an extenuating excuse.
RIDER.
One of the Assessors who has had experience navigating in those
waters on his many trips to the Hudson Bay, was strong in his
condemnation of approaching that coast less than 4 to 5 miles. The
Court also had a whole summer's experience in entering all the
little harbours in that vicinity and is of opinion that that part
of the coast should not be approached less than 5 miles.
Read in open Court at Ottawa, this 22nd day of November,
1928.
L. A. DEMERS,
Dominion Wreck Commissioner.
Concurred in by
N. MARTORELL,
J. MCCALMONT,
Nautical Assessors.
At the conclusion of the hearing of evidence the following
questions were read and submitted, for and on behalf of the
Department of Marine and Fisheries, for the opinion of the
Court:-
1. What number of compasses had the vessel? Were they in good
order and sufficient for the safe navigation of the vessel? When
were they last adjusted?
2. Did the Master check the deviation from time to time; were
the errors correctly ascertained and the proper corrections to the
course applied?
3. Were safe and proper measures taken to check the ship's
position during the six hours previous to the stranding? Was due
and proper allowance made for tide, currents, &c., having in
view the weather conditions which existed?
4. Were soundings taken during the six hours preceding
stranding? If not, should the lead have been used?
5. Was a good and proper look-out kept on board of the
vessel?
6. Was the vessel navigated with proper and seamanlike care?
7. What was the cause of the vessel stranding?
8. Was the stranding caused through the wrongful act or default
of the Master, Officer of the Watch, or any member of the crew of
the S.S. "Cairntorr," or any one or more of them, and, if so, which
of them?
ANSWERS TO QUESTIONS BY THE COURT.
1. Two compasses, in good order, being adjusted in September,
1928.
2. Yes.
3. No allowance was made for tide, current, or leeway of any
kind.
4. No.
5. Yes.
6 and 7. See Report and Judgment.
8. Default of the Master.
L. A. DEMERS,
Dominion Wreck Commissioner
(Issued by the Board of Trade in London
on Monday, the 18th day of February, 1929.)
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1929
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