The Virginian

Petitions for a rehearing filed by the American-Hawaiian Steamship Company and by two amici curias question the correctness of the decision of this court on the ground, as alleged, that it disregards the statutory rules of navigation and holds the Virginian at fault for failure to pursue a course which, it is said, those rules expressly prohibited it to pursue. It is asserted that the decision ignores rule 9 of article 18 of the Act of June 7, 1897 ( 30 Stat. 101 ), which provides that:

It is contended that this rule is paramount and is without exception, and that it makes rule 3 of article 18 inapplicable to the situation in which the Virginian was placed, and that the Virginian not being able *157 to see tbe Strathalbyn was not at'liberty to give alarm signals as provided in rule 3. We do not so construe the rules. Rule 9, in our opinion, refers only to signals for steam vessels meeting, passing, and overtaking. It provides that none of those signals shall be given, except while steamers are in sight of each other. The several short and rapid blasts provided for in rule 3 are not signals for steam vessels passing or overtaking. They are signals to be resorted to only under the…