Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-06-18

which the military man In the exercise of his
rights when attending to his personal affairs
may be exposed; or a case of disease occurring
in the course Of nature.
There must be some proved or proba BILE 70.
lation to duty, whether as oausation, mediate
or immediate-or as q CONSOLIDATED circum-
stance Tho quality Of the act or condition,
determines the question. No matter, under OF
invhat circumstances the party may have been,
whether on duty or off duty, or on furlouah,
Of habits virtuous or vicious-the title holds If
the connection between the causality and the
performance of duty shall appear. On the
other hand, the mere fact of the party having
been in the service, and free from military 70.
proach-sepsrate from and independent of
such relation to the performance of 1uty-gives
no claim to pension.
Causality is question Of fact, to be proved
according to the ordinary rules of evidence,
and to the reasonable satisfaction of the in.
curing mind. That mind is entitled to have
the very facts before it, and is not bound to
accept as final the opinion even Of an expert.
Such opinions are evidence, but neither con
elusive nor exclusive proofs No witness
whether expert or not, can rightfully claim to
havo his opinion take the place of facts, and
so to substitute his judgment for that of the
Commissioner. The quality or degree of proof
is clearly for the COINCIDENCE of the Commits
sioner. The absence of reasonable evidence
necessarily prscludes the admission of a claim,
but when the evidence is 80 nearly balanced,
as to leave 1t doubtful whether or not tho
causality was in the line of duty; CT when the
line of duty appears to have entered potion
TALLY into the cause of disability or death, it
would seem, in view of the liberal intentions
and beneficial policy Of the Government, but
reasonable to presume in favor of the pension
The Magnolia.-This vessel, recently car.
ried into Mobile by the cutter McClelland for
being concerned in fllibustsring, is forfeit
under the revenue laws Of tho United States
with all her cargo-3,00O rifles, l 800 Colts
revolvers, 1000 pounds fixed ammunition, o
brass field battery, and large quantity Of
other military stores. The Sd section of the
act Of April 20, 1918, provides that vessel
leaving port of the United States, as she left
New York, with a fraudulent clearance as to
her cargo, and on such an GRAND as hers
shall, with her cargo, be forfeited, one half to
go to the infarmer; and those concerned with
her are liable also to a fine of $40 900.
In this case, We presume that the Assista
Secretary Of the Treasury is the party causing
her to BIO taken into tie custody of the revenue
officers in the district of Mobile. 1t is not be.
!ieved in this city that she was in the service
thought on, very reasonable grounds, indeed,
to have been her destination Notwithstanding
the protestations to the contrary
The Barometer. A correspondent Of the
Smithsonian Institution, John Chapplosmi:h,
Of New Harmony, Indiana, careful observer
Of the weather, who has devoted much atten
ton to the subject, thinks that the directions
given to mariners and others respecting the
barometer, are fallacious. Espy, Kedfeld.
Reid, Dove, and others, affirm that tie pass.
age Of hurricane or tornado, causes depr ss.
sion OF the barometer, which, in soma cases,
amounts to two inches, but M. Chapplesmi,h
says his observntiops show that the passage
produces rise, and not fail. The announce.
msnt and investig alton Of this fact are impor.
t:nt.
Crops in Ohio-A correspondent Of the
Smithsonian Institution writes from Mount
Vernon, Ohio, that the weather for the first
week in June has been very wet and the
streams are now high with tho heavy rains
Dams and bridges havo been Injured The
storm has been cold one, but it is thought
will BIO advantageous to the wheat crop in kill
ing the fly, which has commenced its rav2ges
already to such an extent that it was feared
the crop would be ruined. 1t has been dc.
stroyed In that se,tion for tho two successive
years preceding this in this manner.
United States Frigats Congress The fol
lowing officers have been ordered to the Uni
ted States frigate Congress, Commodore Breese,
nov fitting out as the flagship Of tho Meditor-
ranoan squadron:
Passed NEUTRALITY-SUSPICIOUS. P. Loyal,
W III Cheevsr, W. III. Ward, E. P. McCrea
Nidshipmem L. Law, E P. Lull,
Alfred Hopkins, A. F. Crossman.
a Clerical Resignation and appointment
Mr.. A. Y. Bentley, Of Ohio, has been appointed
to first class Isl 200 per annum) clerkship in
the office Of the Second Comptroller Of the
Treasury, vice Mr.. F. Z Dunlop, resigned.
The New Custom-House at Barnstabls,
Mass. Tho proposals for the construction of
this work, four in number, were duly opened
On Saturday. at the Treasury Department, as
per advertisement. They ranged, i. il said,
from $l7, 200 to $2S, 900.
TIE Assistant Secretary Of tho Treasury,
Col. P. g. Washington, has, go far recovered
from his recent indispositiOn as to DO at his