Baton Rouge tri-weekly gazette & comet. [volume] (Baton Rouge, La.) 1865-18??, 1867-09-12

| uAuoA AA CHCuHISlAuC6S w LueLuSeif6s
but none whatever to owners, ship
pers or consignees Of freight.
| The new form Of bill Of lading as
sumes to receipt only for freight in
apparent good order, and embodies
among other exceptional causes 70,
the non-delivery Of freight, the cir.
cumstances of explosion and collision
1t also provides that the carriers re.
sponsibility shall cease after having
landed freight "on wharf boat OF
landing twenty-five feet from the
waters edge" and, as at Cincinnati,
claims in equally express terms,
"the privilege Of resbipping, slowing
on lighter and towing in the Ohio
river"
1t is obvious, from the phraseology
adopted in the new bill Of lading,
that the design is to elude all posi-
BILE responsibility at the expense of
shippers in case the freight shipped,
(no matter whether in the best of
order), shall become damaged or
even ruined or lost, while in trausitu.
The subject has created no little
sensation and uneasiness in the
minds of commercial men, and we
have seen it stated, that the steam
boatmen of New Orleans, finding it
expedient to back down somewhat in
the premises, held a meeting few
days since, at which it was agreed
to modify the terms of the new "bill"
so as to make them acceptable to all
parties, What these notifications
consist of has not yet very clearly
TRANSFERRED. From what we have
learned, we are Of the opinion that
they leave it to the boats to continue
or not the use of the old form, in
certain cases.
The opinion of Judge w. Y. Ghol-
son, OF Cincinnati, was recently asked
and given regarding the effect and
legal validity of the exceptions and
qualifications contained in the new
bill Of lading, and the liability Of
OBSERVATION-DISCLOSURES the law, as
common carriers. Judge Gholson's
opinion is adverse to the stipulations
Of the new "bill," saving that which
relates to the "reshipping, slowing
on lighter and towing, &c." and his
opinion is sustained by that of the
Supreme Court Of the United States,
to which he takes occasion to refer.
The gist of the Judges opinion is
given in the summing up" of his |
as follows:
1t becomes important, therefore, to con-
slider what would be the position Of the |
shipper if he accepted bill of lading in
The form proposed In my opinion, the
rule of the law is this-that as to his ordi-
nary liability for the want Of proper care
and diligence in the carrying and deliver
ng of the goods, any stipulation in the
bill of lading which might be relied upon
for the purpose Of excuse, would be void.
II would be no excuse for an explosion or
occurring through the negligence
If the carrier. And so as to the delivery
IN wharf boat or landing. IF, under the
of case, such delivery
would be neg ligent, the stipulation in the
dill of lading would be no excuse. A COM
non carrier cannot contract for his own
or negligence. Az he cannot
10 this generally, so he cannot by any cir
umlocution or specification. What he
annot do directly, he cannot do indirectly.
4 bill of lading which requires the carrier
o deliver goods to A. B. at c., on landing
wenty feet from the waters edge,.n un-
Ter the circumstances it is really no de-
livery to A. B., but a wrongful desertion
# the care and custody of the goods. In
ICED, suppose that where delivery on
vharf- boat or landing would be proper
elivery, no such stipulation is necessary;
nd where it would not be proper com
'liance with the contract of the carrier,
sfely and securely to carry, as regards the
xercise Of ordinary and proper diligence,
would be nugatory. srt -rgs,
A contract "safely and securely to carry"
understand to imply o proper delivery;
nd, in my opinion, the policy of the law
would not sanction a limitation which
rould permit negligent delivery, or
Justify an Intellectual or improper compile
ion Of the contract.
The form proposed of bill of lading,
oes not, in my opinion, present the point
4 advantage intended to be secured by the
arrier. It cannot be obtained by bill Of
aiding in which there is consignor and
onsignee. A new instrument must be in
ented, having no connection with. the