The south-western. [volume] (Shreveport, La.) 1852-1870, 1859-03-23

to F. P Austin, esq., the brotherof the deceased, and
to his other relatives
Resolved, That we viii Grape on the LETT arm
for thirty days as q badge of mourning Tor ouf ae
ceased associate.
Resolved, That the chairman of this meeting move
Monday next in open court that these resolutions
be spread upon the minutes of the dlstlct couU lof
Caddo parish
and Commercial News be requested to publish these
resolutions in their next issue.
Resolved, That a copy of these resolutions be hand
ed by the secretary to F. P. Austin, esq., and MISS
Amanda Austin.
On motion, the meeting adjourned to the residence
of W P Winans esq where laid the body of the la
mented deceased, awaiting funeral ceremonies
R. JONES, Chairman.
H. J. G. BATTLE, Sec'ry.
SUPREME COURT OF LoUIsIANA.-The follow
ing decision has been rendered by this court:
Daniel Edwards appellee VS.. steamer Cahawba
at al. appts. Appeal from fifth district court
Of New Oreans-.'In October, 1857, there
were shipped from New York; to plaintiff, as
consignee here, on board OF the steamship
Cahawba, certain quantity of gas pipes in
bundles. Plaintiff claims that the pipes were
rusted and that the defendants are responsible
Defendants urge that the exception in the bill
Of ladng introduced in evidence by plaintiff)
mot accountable for the leakage, rust, or break
age, if properly slowed, {" throws the burden of
proof Of the damage having been caused by
the negligence or fault of defendants on the
plaintiff"
1t appears 10 US, that this defence to the ac
ton cannot avail the defendant. The proof is
clear that the iron pipes were injured by salt
water so much SO, that at sale at public auc-
ton ordered by portwardens, they did not
bring one-tenth part of their value in a sound
condition.
The bill of lading and the duty of the COM
mon carrier, obliged him to deliver the mer-
chandise in a sound condition, and were it not
for the clause relied upon by defendant, no one
would doubt this liability under the CONNER
cal law; therefore, the facts present prima
facie case of esponsibiIity on the part of the
common carrier. But it is said that the clause
mot accountable for risk if properly slowed"
relieves the carrier from such otherwise liabih-
ty. A consideration of the clause, however
shows that the exception is not absolute but
conditional, viz: if the goods be properly slowed
and as the district Judge correctly remarks,
''the party invoking the protection of a condi-
ton is obliged to establish it by competent tes-
timony. The burden of proof was, therefore,
upon the defendant TO show proper stowage.
But there is on the record the testimony of a
witness who says the iron pipes were well
slowed The Judge of the court a quo, who
heard the witness, seems to have disregarded
his testimony either because it is somewhat in
conflict with the testimony of the other wit
nesses, or because of the supposed interest of
the witness. The record does not enable US to
say that the district Judge erred in his apprecia
ton of the testimony of the witnesses. Judg-
ment affirmed in favor of appellee.
SPAIN AND CUBA-Mr Walsh, in his letter
from Paris addressed to the Journal of Com
merce, makes the following reference to the
Cuban question: american visions of State
of Cuba will have been already dissipated by
your information from Madrid and the outcry
throughout this quarter of the world against
president Buchanan moods and lenses. Yes
terday arrived here the Gazette of Madrid, the
official organ, with paragraph which trans
late for you, as do not find it in Galighanis
Messenger of this morning. At the sitting Of
the Spanish senate on the 4th instant, the min
lister Of foreign affairs repeated the declara-
tons ID form relating to the island Of Cuba
He said: IF representative of a foreign pow
er came to make me an offer for the alienation
of Cuba, I should at once interrupt him in his
first phrase, as soon as his first words caused
me to guess bis purpose or notion, and | would
tell him the effect produced by such intimations
on all Spanish minds. The retention of the
island of Cuba is not for us question Of inter
est or convenience-iti is question of dignity
and honor. No advantage which might ac-
crue from it, no money OF price that could be
heaped up before US, would be sufficient to de-
termine Spain to sacrifice that glorious relic of
the precious discoveries and magnificent con-
quests of our forefathers. The alienation of
Cuba Why that is a wild, preposterous idea,
which could not present itself to any other than
persons who do not know Spain-who had new
Ell fathomed her deepest feelings" 1t has al
ways surprised me that plans and suggestions
of purchase emanated from the department of
state at Washington. 1t seemed to me impos-
possible that any Spanish statesman at Madrid
or elsewhere had ever in any manner counte-
nanced the conception. Europe imagined that
the anomalous and marvellous Ostend confer
ence was held in consequence of Mr.. Soule's
despair of such a consummation as purchase
or cession in any mode.
The policy of loaning State credit to rail
way corporations has been carried to extreme
limits in Missouri, as shown by the governors
message, an abstract of which we have pub
lished. The authorised issue of bonds is about
1924, $4,000; but no more than $40, 056, 900
has been issued This is large liability for
State Of the population and resources of Mis-
souri,, and we fear the day will come when she
will regret the policy which has been adopted,
Notwithstanding that her railways have been
extended, and her resources in greater de-
gree developed by this aid.
It seems that two of the corporations which
have been reeipints of State bounty, have al
ready failed to pay the intereston their indebt-
edness, and are likely to be sold, in order to
enable the State 10 secure itself against loss
If the result in Missouri corresponds at all /
with the experience elsewhere, any disposition
which may be made of the roads in question,
will be likely to fail to re nburse the State for
for its advances. OF the facts in this case,