These circumstances convince me that the ship seen by the Californian was the Titanic, and if so, according to Capt. Lord, the two vessels were about 5 miles apart at the time of the disaster. The evidence from the Titanic corroborates this estimate, but I am advised that the distance was probably greater, though not more than 8 to 10 miles. The ice by which the Californian was surrounded was loose ice extending for a distance of not more than 2 or 3 miles in the direction of the Titanic. The night was clear and the sea was smooth. When she first saw the rockets, the Californian could have pushed through the ice to the open water without any serious risk and so have come to the assistance of the Titanic. Had she done so she might have saved many if not all of the lives that were lost.
VI.—The Board of Trade's Administration.
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—