Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-01-31
j. b CURRY.
j J CANFIELH, commits
W. I. EVANS,

terest s-teamboatmen, we take from the
New Orleans Crescent of Sunday: The
case of I. c. Mohan VS.. steamer Olive
Branch, reached conclusion in the third
district court yesterday, the verdict be-
ing in favor of the defendant. The Ease
was tried two years age, was decided in
favor of defendants, appealed to supreme
court, who remanded it for another trial,
which occurred to-day before a jury.
Plaintiff sues defendant for 1927 damages
to forty barrels of apples shipped on
board the Olive Branch at st. Louis, Mo.
The defense was that the defendants were
not responsible for the damage that &C.
Cured. The evidence showed that the
day after the vessel left st. Louis she
grounded 100 miles below, where she put
out every pound of freight except q lot Of
feed-put it out on a bank, employed
another boat to bring it here, where it
arrived in bad condition. The supreme
court decided, on this question, that
"low water" Of which the defendant
complained, L" is not to be classed among
the dangers of the river, which absolve
the carrier from his Obligation w. W.
Handlin, for plaintiff. w. II. Hunt, for
defendant.
Tie 81. Louis -OtspJl6oG- vf the aad has
the following: We understand from the
supervising inspector that the matter of
steel or Bessemer iron boilers for boats,
which OF late has been considerably dis
cussed, and several builders even decided
to try them, cannot pass inspection for
the reason that the laws Of congress
strictly delnAThat kind Of iron q boiler
shall be mad4bf. The inspector has no
discretion 1.-The matter, IS will be seen
by the following extracts from the law
on the subject:
SEC. Is, Act Of congress passed August.
1852:
Ind he II further enacted, That all
plates of boiler iron shall be distinctly
and permanently stamped in such man
ner as the secretary Of the treasury shall
prescribe, and if practicable, in such
place or places that the mark shall be
left visible after the plates are worked
into boilers, with the name of the manu-
facturer, the quality of the iron, and
whether or not hammered, and the place
where the same is manufactured
A correspondent of the st. Louis Times,
however says:
The main point arrived at by the laws
of congress, and by the demand Of the
peoDle touching steamboat boiler iron, is
security for life and property.
On the test of quality good charcoal
iron has been considered the standard (;
and therefore the l4th section Of the law
Of 1852, declaring the quality of the ma
terial for boiler plates, repeats and con-
cludes that boilers may be made Of iron,
" Of a quality equal to good iron made
with charcoal
The object of stamping the boiler plates
which is good, Is Of far inferior consider
alton, being merely, as stated in section
Is, for the purpose of marking the
name of the manufacturer, the quality
OF the iron, and whether or not ham,
mered, and the place where the same is
manufactured"
In proof that this rigid and punctili-
Gus enforcement of the stamp rules is not
| required by the law, it is only necessary
to glance at the last clause of the 18th
section, providing a penalty, which Is;
of anV person or persons shall stamp or
mark plates with the name or marks OF
| another, with intent to mislead, deceive,
or defraud, such person or persons shall
be liable TO any one injured thereby for
all damage Occasioned by such fraud or
deception"
The deduction, therefore, flows ire.
| sistibly from the law, that if there is no
intent to miSiedd, deceive or detFdud,
| then the maker OF the boiler is
( justified in stamping three marks on
the plates. All other frivolous and dila'
tory pleas that may be thrown in to pre-
vent a fair trial on the merits of the Bes-
semer iron for steam boilers may be dis
Dosed of with equal ease, TO the damage
of the obiector, and the case must be de,
termined on the main question of issue
to wit Is the Bessemer iron g Of a quail
ity equal to good iron made with char
coal"
For LoUIsvILLE.-This morning st Il
O'Clock the big Louisville will leave OuI
whsrf for the above city. Nothing i
lacking on this fine packet to make
passenger comfortable. Capt. A. Q Ros:
Is her first officer aud a better command
er she could not have. Larry Harmstad
& CO., agents.
For WHITE RIvER.-The splendid anC
regular passenger packet J. McCun'
will leave for all points along old White
on tomorrow evening. Capt. Morg
Bateman is in command. w. Jay John
son, agent.
For VICKsBURG.-The ever reliable
and magnificent passenger steame Dl'
Vernon will go out on her accustomed
"Trip tomorrow evening. Capt. Franz
Hicks is her d%eservedly popular com
mander aud will carry her through OF
Time. Levy & MINER, agents
For ST. LoUIs.-rhe st. Louis packe
company adyertises the fine steamer w
B. Dance for Cairo and st. Louis thi
evening at the usual hour. This IS
splendid opportunity for travellers goint
north, and we advise all such TO TAXI
advantage of it. w. c. Postal, superin
tendent and Billy Dill is her passenge
agent.
For WHITE RIvER.-The hne paSseu
ger packet Des Arc, with Capt. John FL
lott in charge, will leave as above OIL
Saturday evening. Levy & Miller ar
agents.
FoR ARKANSAS RIvER.-The U. :
mail steamer Guidon, Capt. Ike Whit
taker, goes out on Saturday evening fc
/ the above and way points. Get you
freight ready. Jas. T. Bourne d Co.
, agents.
For NEW ORLEANs.-The A. & NJ )
s. Co. send cut the beautiful, swift an
elegant passenger steamer Lady Gay 70
-. New Orleans at 5 pm. to-day. She
in charge of the courteous and atfabl
, Can't Belt, and will o promptly &
. the hour. Larry Harmstsd Il Co.. agent
/; and Jim Sayres is her polite passenge
agent.