The court was invited by the board of trade--

"to report upon the rules and regulations made under the merchant

shipping acts, 1894-1906, and the administration of those acts, and

of such rules and regulations so far as the consideration thereof

is material to this casualty" (No. 26 of the questions submitted to

the court by the board of trade).

Charges were made against the board of trade during the progress of the

inquiry of a twofold kind. First, it was said that the board had been

negligent in that they had failed to keep up to date their rules and

regulations relating generally to the provision of life-saving

appliances at sea, and, secondly, it was said that their officials had

in the particular instance of the _Titanic_ failed to exercise due care

in the supervision of the vessel's plans and the inspection of the work

done upon her.

With reference to the first of these charges, it was reduced in the

course of the inquiry to a charge of neglect to keep the board's scale

for the provision of lifeboat accommodation up to date. The

circumstances are these: In March, 1886, the board appointed a

departmental committee, consisting of three of their principal

officers, to inquire into the question of boats, rafts, and life-saving

apparatus carried by sea-going merchant ships. In their report this

committee pointed out that, as regards boats for ocean-going steamers

carrying large numbers of passengers, the boats would be of little use

in saving life (although they might for a time prolong its existence)

unless succor were at hand from other ships or from proximity to shore;

and speaking with special reference to passenger steam vessels carrying

emigrants across the Atlantic to ports on the east coast of North

America, they said as follows:

Considering the number of vessels employed in this trade, and the

large number of passengers they carry, and also taking into

consideration the stormy character of the ocean they have to cross,

and the thick and foggy weather encountered, we think this class is

the most important of any, and we can not pass over the fact that

of late years this traffic has been carried on with remarkable

immunity from loss of life.

The boat accommodation these vessels are forced to carry when

sailing with emigrants is regulated by the scale in the passengers

act, 1855, which provides for boat accommodation for 216 people as

a maximum, so that, supposing a vessel leaves with 1,000 passengers

and 200 crew under the present statutory requirements, she need

only carry sufficient boat accommodation for 216 of these people.

Thus it will be seen that the boats carried by this class of

vessels are also quite inadequate as an effectual means of saving

life should a disaster happen to a ship with her full complement of

passengers on board. We are glad to be able to say that there are

many liberal and careful shipowners who do all in their power to

provide for the safety of their passengers by equipping their

vessels with boats far in excess of the number required by statute.

But, at the same time, there are others carrying large numbers of

emigrants who do no more than they are required to do by law.

We have gone into this question with reference to this class of

vessels very fully, and have visited many of them, and we think

that the boats required by act should be increased 100 per cent.,

and in addition to them that the owners should be induced to carry

sufficient collapsible boats and approved rafts, so that each ship

shall have sufficient life-saving gear for all on board at any one

time, provided, as said before, that no ship need carry more boat

accommodation than is sufficient for all on board at that time.

In 1887 a select committee of the House of Commons, of which Lord

Charles Beresford was the chairman, was appointed to report on saving

life at sea, and they found in their report--

That many passenger ships could not, without great inconvenience,

carry so many of the ordinary wooden boats as would suffice to

carry the whole of the passengers and crew with safety in bad

weather. Under such circumstances the crew would not be sufficient

to man so many boats; nor could they all be got into the water in

sufficient time in the event of very rapid foundering. Having

regard, however, to the fact that accidents occur probably as often

in moderate weather as in bad, and having regard also to the fact

that the very cause of the accident frequently incapacitates many

of the boats, and to the further fact that an insufficiency of

boats undoubtedly tends to cause panic, we are of opinion that all

sea-going passenger ships should be compelled by law to carry such

boats, and other life-saving apparatus, as would in the aggregate

best provide for the safety of all on board in moderate weather.

As a result of these reports, the merchant shipping (life-saving

appliances) act, 1888, appears to have been passed, under which rules

were made by the board of trade at different dates. The merchant

shipping act, 1894, repealed the act of 1888, and substituted therefor

sections 427 to 431 and the seventeenth schedule of the new act. Under

this act (1894) a table showing the minimum number of boats to be placed

under davits and their minimum cubic contents was issued by the board.

It was dated March 9, 1894, and came into operation on June 1 of that

year. This table was based on the gross tonnage of the vessels to which

it was to apply, and not upon the numbers carried, and it provided that

the number of boats and their capacity should increase as the tonnage

increased. The table, however, stopped short at the point where the

gross tonnage of the vessels reached "10,000 and upwards." As to all

such vessels, whatever their size might be, the minimum number of boats

under davits was fixed by the table at 16, with a total minimum capacity

of 5,500 cubic feet.

But as regarded emigrant steamships there was a rule which provided that

if the boats under davits required by the table did not furnish

sufficient accommodation for all on board, then additional boats of

approved description (whether under davits or not) or approved life

rafts should be carried, and that these additional boats or rafts should

be of at least such carrying capacity that they and the boats required

by the table should provide together in vessels of 5,000 tons and

upwards three-fourths more than the minimum cubic contents required by

the table, so that in the case of an emigrant ship such as the _Titanic_

the requirements under the rules and table together exacted a provision

of 9,625 cubic feet of lifeboat and raft accommodation (5,500 feet in

boats under davits with three-fourths, namely, 4,125, added). Taken at

10 cubic feet per person, this would be equivalent to a provision for

962 persons. No doubt at the time these rules were made and this table

was drawn up it was thought that, having regard to the size of vessels

then built and building, it was unnecessary to carry the table further.

The largest emigrant steamer then afloat was the _Lucania_, of 12,952

tons.

In the report of the select committee of the House of Commons a

reference to water-tight bulkheads had been made, which was in the

following terms:

Though the question of construction was clearly not included in the

reference to the committee, still they think it only right to

state, after having heard the evidence, that the proper placing of

bulkheads, so as to enable a ship to keep afloat for some length of

time after an accident has occurred, is most important for saving

life at sea, and a thing upon which the full efficiency of

life-saving appliances largely depends.

This passage probably explains the insertion in the board of trade's

rules for life-saving appliances of rule No. 12, which is as follows:

_Water-tight compartments._--When ships of any class are divided

into efficient water-tight compartments to the satisfaction of the

board of trade, they shall only be required to carry additional

boats, rafts and buoyant apparatus of one-half of the capacity

required by these rules, but the exemption shall not extend to life

jackets or similar approved articles of equal buoyancy suitable to

be worn on the person.

If this rule had become applicable to the _Titanic_, then the total

cubical lifeboat or raft accommodation which she would have been

required to carry would not have been more than 7,562 (equivalent to

accommodation for 756 persons). It did not, however, become applicable

for the owners never required the board of trade to express any opinion

under the rule as to the efficiency of the water-tight compartments. The

_Titanic_, in fact, carried boat accommodation for 1,178 persons, a

number far in excess of the requirements of the table and rules, and

therefore no concession under rule 12 was needed. Speaking generally,

recourse to this rule (12) by shipowners has been so insignificant that

the rule itself may be regarded as of no practical account.

The foregoing rules with the table were laid before Parliament in the

usual way, and so received the required statutory sanction.

After 1894 steamers were built of a much larger tonnage than 10,000, the

increase culminating in the _Titanic_, with a gross tonnage of 46,328.

As the vessels built increased in size, one would have thought the

necessity for increased lifeboat accommodation would grow; but the rules

and table remained stationary and nothing was done to them by way of

change. The explanation of this long delay (from 1894-1912) was given

before me by Sir Alfred Chalmers, who had served under the board of

trade as nautical adviser from 1896 to August, 1911. He is now retired.

I think it will be well if I give his explanation in his own words. He

says:

I considered the matter very closely from time to time. I first of

all considered the record of the trade--that is to say, the record

of the casualties--and to see what immunity from loss there was. I

found it was the safest mode of travel in the world, and I thought

it was neither right nor the duty of a state department to impose

regulations upon that mode of travel as long as the record was a

clean one. Secondly, I found that as ships grew bigger there were

such improvements made in their construction that they were

stronger and better ships, both from the point of view of

water-tight compartments and also absolute strength, and I

considered that that was the road along which the shipowners were

going to travel, and that they should not be interfered with. I

then went to the maximum that is down in the table, 16 boats and

upward, together with the supplementary boats, and I considered

from my experience that that was the maximum number that could be

rapidly dealt with at sea and that could be safely housed without

incumbering the vessel's decks unduly. In the next place I

considered that the traffic was very safe on account of the routes,

the definite routes being agreed upon by the different companies,

which tended to lessen the risk of collision and to avoid ice and

fog. Then again, there was the question of wireless telegraphy,

which had already come into force on board of these passenger

ships. I was seized of the fact that in July, 1901, the _Lucania_

had been fitted with wireless telegraphy, and the Cunard Line

generally fitted it during that year to all their ships. The Allan

Line fitted it in 1902, and I am not sure that in 1904 it had not

become quite general on the trans-Atlantic ships. That, of course,

entered into my consideration as well. Then another point was the

manning. It was quite evident to me that if you went on crowding

the ships with boats you would require a crew which were not

required otherwise for the safe navigation of the ship, or for the

proper upkeep of the ship, but you are providing a crew which would

be carried uselessly across the ocean, that never would be required

to man the boats. Then the last point, and not the least, was this,

that the voluntary action of the owners was carrying them beyond

the requirements of our scale, and when voluntary action on the

part of shipowners is doing that, I think that any state department

should hold its hand before it steps in to make a hard and fast

scale for that particular type of shipping. I considered that that

scale fitted all sizes of ships that were then afloat, and I did

not consider it necessary to increase it, and that was my advice to

Sir Walter Howell.

I appreciate this explanation, and I think there is much force in it. At

the same time, it seems to me that it does not justify the delay. Even

taking all these matters into consideration, it can not be that the

provision for boat accommodation made in 1894 for vessels of 10,000 tons

and upward remained sufficient to 1910, when vessels of 45,000 tons were

being built. Two considerations demonstrate this. The first is that some

shipowners recognized the insufficiency of the requirements of the board

of trade, and voluntarily exceeded those requirements by providing

larger boat accommodation than the old rules and table exacted. The

second is that shortly before Sir Alfred Chalmers left the board of

trade, the board had begun to direct attention to the amending of their

rules in this connection.

It appears that in November, 1910, a question was asked in the House of

Commons as to whether the attention of the president of the board of

trade had been called to the fact that the _Olympic_, a sister ship of

the _Titanic_, was provided with 14 lifeboats only. The answer given was

that the _Olympic_ (which was then in course of construction) would

carry 14 lifeboats and two ordinary boats of an aggregate capacity of

9,752 cubic feet, which was in excess of the requirements of the

statutory rules. On February 15, 1911, a further question was asked as

to the date of the last regulations, and whether, having regard to the

increased tonnage of modern ships, the desirability of revising the

regulations would be considered by the board of trade. The answer by the

president was:

Those regulations were last revised in 1894. The question of their

further revision is engaging the serious attention of the board of

trade, and I have decided to refer the matter to the merchant

shipping advisory committee for consideration and advice.

Three days afterwards, namely, on February 18, 1911, a circular letter

was sent out by the board of trade to the board's principal officers at

Liverpool, London, and Glasgow asking each of those gentlemen to draft

such an extension of the existing boat scale as he might think

satisfactory and reasonable for the conditions of large passenger

steamers. This circular letter was answered by the principal officer in

Glasgow (Mr. Harris) on February 24, 1911, by the principal officer in

London (Mr. Park) on February 27, 1911, and by the principal officer in

Liverpool (Mr. Young) on March 3, 1911. It is sufficient to say of these

answers that they all suggested a large extension of the statutory

requirements.

Meanwhile, namely, on February 28, 1911, Mr. Archer, the board of

trade's principal ship surveyor, had also drawn up a scale. This was a

more exacting scale than that of any of the three principal officers. By

his scale a vessel of the tonnage of the _Titanic_ would have had to

carry boat accommodation equivalent to at least 24,937 cubic feet, which

would have been sufficient to hold all and more than all the persons who

were on board at the time of the disaster (2,201). It would not,

however, have been nearly sufficient to have held all that the vessel

might lawfully have carried, viz, 3,547, and it is to be observed with

reference to Mr. Archer's scale that in it he suggests an extension of

rule 12, by which (if the vessel were divided into efficient water-tight

compartments) the total boat accommodation might be reduced much more

than rule 12 as it stands would permit. If this reduction be taken into

account, the boat accommodation would fall so that it would be

sufficient only for 1,750 persons. Mr. Archer's view was that shipowners

should be encouraged to increase the floatability of the ships they

built, and that the way to encourage them was to relax the legal

requirements as to boats as their plans advanced in that direction. The

great object was so to build the ship that in the event of a disaster

she would be her own lifeboat.[4]

Having obtained these four reports, the board of trade, on April 4,

1911, submitted the matter to their advisory committee, and obtained the

committee's report on July 4, 1911. The following are copies (with

omissions of immaterial passages) of the board of trade's letter of

April 4, 1911, and of the advisory committee's report of July 4, 1911:

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