Latz

(after stating the facts as above). The' sóle problem for solution is to fix the fault, if possible, as it respects the vessels in collision. The testimony of the respective parties, touching the situation and the incidents leading up to the collision, is very conflicting and in many particulars flatly contradictory. The solution rests on where the truth lies, and this can only be determined by ascertaining where reliance shall be placed.

The Argyll claims that when the Gualala was first sighted the ships were passing green light to green light'; the Argyll having the Gualala from 1% to 2 points on her starboard bow. The Gualala, on the other hand, claims that the vessels were passing red light to red light; the Gualala having the Argyll from 1% to 2 points on her port bow. If either were right, and the vessels had kept their courses, it is probable there would have been no collision. If both were right — a thing not possible — and the vessels had kept their courses as indicated by the testimony of each respectively, they would have come together in proximity to where they'did actually meet, and at approximately the same angle, 30 degrees from a right line, assuming one had the…