OCEAN CABLES AND DEEP-SEA TRAWLERS 



the leading edge of the otter board may pass under a cable. Where 

 the cable lies flat on an even bottom, fouling will not generally occur, 

 but where tension remains in the cable over a slight bottom depres- 

 sion, fouling is likely. At times excessive slack is the cause of fouling 

 and unfortunately slack in some form is bound to exist wherever a 

 repair has been made, and it is this slackness resulting from a repair 

 which makes the cable more vulnerable than before. 



That broken cables have long been an international problem is 

 indicated by the Articles of the International Convention held in 

 1884. The Articles which follow were approved by the member 

 nations and are still in force, but they have done little during the 

 years to alleviate the situation. 



International Convention of Marcli 14. 1884 

 for the protection of submarine cables 



His Excellency the President of the United States of 

 America, . . . [the heads of state of Germany, Argentine Con- 

 federation, Austria-Hungary, Belgium, Brazil, Costa-Rica, 

 Denmark, Dominican Republic, Spain, United States of 

 Colombia, France, Great Britain, Guatemala, Greece, Italy, 

 Turkey, Netherlands, Persia, Portugal, Roumania, Russia, 

 Salvador, Servia, Sweden and Norway, and Uruguay], 

 desiring to secure the maintenance of telegraphic communi- 

 cation by means of submarine cables, have resolved to con- 

 clude a convention to that end, and have appointed as their 

 Plenipotentiaries, to wit: 



. . [naming the representatives from the various coun- 

 tries] 



Who, after having exchanged their full powers, which 

 were found to be in good and due form, have agreed upon 

 the following articles: 



ARTICLE I. 



The present Convention shall be applicable, outside of 

 the territorial waters, to all legally established submarine 

 cables landed in the territories, colonies or possessions of 

 one or more of the High Contracting Parties. 



ARTICLE II. 



The breaking or injury of a submarine cable, done will- 

 fully or through culpable negligence, and resulting in the to- 

 tal or partial interruption or embarrassment of telegraphic 

 communication, shall be a punishable offense, but the pun- 

 ishment inflicted shall be no bar to a civil action for damages. 



This provision shall not apply to ruptures or injuries 

 when the parties guilty thereof have become so simply with 

 the legitimate object of saving their lives or their vessels, 

 after having taken all necessary precautions to avoid such 

 ruptures or injuries. 



ARTICLE III. 



The High Contracting Parties agree to insist, as far as 

 possible, when they shall authorize the landing of a sub- 

 marine cable, upon suitable conditions of safety, both as 

 regards the track of the cable and its dimensions. 



ARTICLE IV. 



The owner of a cable who, by the laying or repairing 

 of that cable, shall cause the breaking or injury of another 

 cable, shall be required to pay the cost of the repairs which 

 such breaking or injury shall have rendered necessary, but 

 such payment shall not bar the enforcement, if there be 

 ground therefore, of article II. of this Convention. 



ARTICLE V. 



Vessels engaged in laying or repairing submarine cables 

 must observe the rules concerning signals that have been or 

 shall be adopted, by common consent, by the High Contrac- 

 ting Parties, with a view to preventing collisions at sea. 



When a vessel engaged in repairing a cable carries the 

 said signals, other vessels that see or are able to see those 

 signals shall withdraw or keep at a distance of at least one 

 nautical mile from such vessel, in order not to interfere with 

 its operations. 



Fishing gear and nets shall be kept at the same distance. 



Nevertheless, a period of twenty-four hours at most 

 shall be allowed to fishing vessels that perceive or are able 

 to perceive a telegraph ship carrying the said signals, in order 



Hauling rn on wires at the end of a run 



65 



