JOURNAL OF MERCANTILE LAW.

IMPORTANT TO IMPORTERS-HALF MONTH'S STORAGE.

UNITED STATES CIRCUIT COURT, MAY 21.

RICHARD IRWIN et al. vs. AUGUSTUS SCHELL. Before Judge NELSON. This suit involves the question of the right of the collector to collect the half month's storage, according to the regulations of the Treasury, under the following circumstances:

The plaintiffs in the case of several shipments of goods in June and July, 1857, from Liverpool to this port, caused warehouse entries to be made at the custom-house, under the act of Congress of 28th March, 1854; but before the goods were removed to the warehouse, they changed their minds and applied to the collector for permits to land the goods for removal to their own stores, or for consumption-whereupon the collector charged them half a month's storage, besides the duties, which storage for the goods in the five vessels, amounted to the sum of $98 26, and which was paid under protest.

It is admitted that no act of Congress can be found for making this charge against the merchant under the above state of facts. The charge is wholly an arbitrary one, prescribed by the Secretary of the Treasury, and a fixed sum might as well have been imposed as the half month's storage. The imposition is sought to be sustained in the idea that in case the goods are entered for warehousing, and before they are landed and removed the merchant applies for a permit to land for consumption, the vessel, in the meantime, may be regarded as the warehouse, with the permission of the Treasury. But this is hardly plausible, as it involves the absurdity of charging the merchant for the use of his own vessel.

Besides, the government has no interest in the warehousing business, as according to the act of 1854 the goods are stored at the risk and expense of the importer.

The truth is, that the charge is made simply for the favor granted to the merchant in permitting him to land the goods for consumption after he has entered them for warehousing. After being thus entered, the collector might doubtless compel him to procure his goods in the usual way, through the warehouse, which would increase considerably the expense. Hence, if the merchant changes his mind and applies for a permit to land for consumption, this charge is imposed. The change, as appears from the case, adds nothing to the labor or trouble of the officers of the customs, as is, indeed, obvious from the usual course of the business.

As I bave said already, there is no law for this charge against the merchant; and any other arbitrary sum might as well be imposed. And I have hesitated whether I ought not to put an end to it. I certainly should, were it not for considerations which I will now state.

It does not appear in the case whether the charge goes to the government, or is a perquisite to the collector. But as it is imposed by a regulation of the Treasury, it is fair to presume, that it goes to the govern ment. This is a suit against the collector. and the question, under the

circumstances, arises, whether the payment of this storage was an involuntary payment. If it was not, then the action will not lie. It is true the plaintiffs paid under protest. But their own acts led to the charge. They entered their goods for warehousing and afterwards changed their minds and asked for permit to land. The collector, under instructions of the Treasury, probably, might have refused this and compelled the warehousing of them.

The Secretary of the Treasury, however, says, if you will pay a half month's storage, I will give you a permit. This is a favor extended for compensation. I do not agree that public officers can make these bargains, but if the merchant voluntarily accedes to them I am inclined to think he cannot turn round and sue the collector as for an involuntary payment. The merchant was not compelled to accede, as he might have procured his goods through the warehouse.

There is no difficulty where the merchant makes up his mind on the arrival of the goods what he will do with them-warehouse them, or land them for consumption. He is not compelled to enter them for warehous ing. The goods may remain on board his ship till entered, and permits of landing obtained.

Upon the whole, after some difficulty, I have come to the conclusion, for the reasons above stated, that the plaintiffs cannot recover. Judgment for defendant.

PETROLEUM IN GERMANY.

Large quantities of petroleum are now constantly forwarded to the interior of Germany by the railroads; but as there is some danger connected with its conveyance, the Association of North-German Railway Companies have issued special regulations for the transport of petroleum, binding on them all. The principal conditions insisted on are the following: The traffic to be exclusively confined to refined petroleum, crude being totally excluded. The casks to be immediately examined when brought to the station, and not to be received unless in irreproachably good condition. Refined petroleum not permitted to be loaded, unloaded, or stored in the goods sheds, but only at place at a safe distance and in the open air, fixed on at each station by the respective station masters. The petroleum not to be conveyed in the covered vans with other goods, but placed in separate open trucks, simply covered by a tarpaulin. The loading and unloading to be performed exclusively by daylight, and no smoking permitted by the men employed, under any circumstances, in the neighborhood of the casks. No lamps or lanthorns to be attached to the petroleum trucks at night when in motion. On each side of the truck a red board to be displayed, on which to be painted in conspicuous letters the words "Petroleum, dangerous." Petroleum only to be forwarded by goods trains. The trucks to be placed in the middle of the train, as at night lamps are attached to the last carriage so as to be visible from behind. The minimum quantity is fixed at 50 centners. If less, full freight for the above quantity to be charged.

RAILWAY, CANAL, AND TELEGRAPH STATISTICS.

PENNSYLVANIA RAILROADS.

FROM the reports of the several railroad companies for 1862, as communicated to the Auditor General of the State, and reported to Legisia ture, we extract the following information:

PENNSYLVANIA RAILROAD.

Capital authorized, $20,000,000; paid in, $13,274,600. Funded debt, $9,527,400; total funded and floating debt, $9,570,400 at six per cent. Cost of road, $21,806,852 76; length, 365 miles; double track 318 miles; two branch roads. Has six engine houses, etc.; 253 engines; 113 passenger; 44 baggage and express; 3,471 freight, and 400 coal cars. Has 81 iron, 57 wood, and 17 stone bridges, 102 passenger, and 106 wood and water stations.

During the year 1,089,659 passengers were carried, and 1,989,126 tons freight. Express trains run 27 and mail trains 24 miles per hour.

Expenses Maintenance of real estate and road, $768.731 68; repairs of machinery, $1,144,566 87; operating road, $1,920,046 65; total, $3,833,345 20. Receipts, $10,143,738 78.

Accidents: Six passengers, 22 employes, and 39 others killed-67; 11 passengers, 38 employes, and 27 others injured-76.

PITTSBURG, FORT WAYNE, AND CHICAGO.

Capital authorized, $6,500,000; subscribed, $5,351,062 90; paid in, $5,351,062 90. Funded debt, $12,935,173, at per cent; no floating

debt.

66

Cost of road, $17,448,687 16; length, 468,3 miles; double track, 59,%%. Has 13 engine houses, and 109 engines. Has 53 passenger, 23 express and baggage, and 1,174 freight cars. Has 3 iron, 183 wood, and 39 stone bridges; 73 passenger, and 45 wood and water stations.

During the year 626,892 passengers were carried, and 592,770 tons freight. Express trains run 26, and mail trains 23 miles per hour.

Expenses Maintenance of real estate and way, $470,958 64; repairs of machinery, $335,872 09; operating road, $999,987 83; total, $1,806,818 56. Receipts, $3,613,841 36.

Accidents: Eight employes and 12 others killed-20; 9 employes and 2 others injured-11.

PITTSBURG AND CONNELLSVILLE.

Capital authorized, $5,000,000; subscribed, $2,143,000; paid in. $1,763,130 47. Funded debt, $1,500,000; at 6 per cent; total funded and floating, $1,610,417 19.

Cost of road, $2,154,348 76; length 149 miles; double track, 64 miles. Has 3 engine-houses; 10 locomotives; 9 passenger, 3 express and baggage, 31 freight, and 19 coal cars. Has 1 iron, 9 wood, and 2

stone bridges; 12 passenger, and 8 wood and water stations. $190,544 45 of real estate.

Owns

Number of passengers carried, 143,510, and 85,764 tons freight. Express trains run 20, and mail trains 16 miles per hour.

Expenses Maintenance of real estate and way, $21,073 30; repairs of machinery, $28,732 35; operating road, $29,733 14, total, $79,538 79. Receipts, $129,917 84.

Accidents: Two employes and 1 other killed-3; 7 employes and 1 other injured-8.

RAILWAYS OF CONNECTICUT.

The annual report of the Railway Commissioners of the State of Connecticut reviews the railroad history of the Commonwealth for ten years past. They say that no State in New England has an equal number of miles of iron track to its square miles of territory, and few States have the same proportional capital invested. During the time mentioned no great through lines or independent roads have been projected or built. Some one or two extensions of established roads have been added, in order to form more perfect connections with existing routes, and one or two existing roads have been completed. The statistics of the roads areThe chartered capital of the several railroads in whole or

in part....

$22,665,490

Of which there has been paid in..

Total apparent expense chargeable to construction account

18,929,879

27,641,840

The total length of road constructed under charters gran

ted in whole or in part by the State is.....

miles

780.05

Of which is constructed in this State

The aggregate length of double track is.

600.00

125.05

Making the entire length of double track in use.

Average number of miles to a locomotive in this State..

clusive of interest......

For fuel, oil, and waste.

908.00

44

The total expenditure for working the roads has been, ex

$2,033,924

353,320

For salaries, wages, etc., chargeable to passenger, freight,

Making for repairs and renewals a total cost of.......

710,191

The total income of the railroads in this State during the

Passenger and other trains have run in all........ miles

2,449,706

Carrying.

passengers

2,968,076

MERCANTILE MISCELLANIES.

THE DEAD OF POMPEII EXHUMED-THE RECENT REMARKABLE DISCOVERIES IN THE BURIED CITY.

FROM time to time brief accounts have been published of the discovery of human remains, in a state of good preservation, in a house in Pompeii. Interesting particulars of the recent researches in the buried city are given by a correspondent of the London Athenæum, who says that the human bodies were found in an excavation near the house called that of Abbondanza. Falling in a mass of pumice stone, these unfortunate persons had not become attached to the soil, and it was easy to cut away the ground beneath them; but above, fire, ashes, and hot water had been rained upon them from the fiery mountain, causing their death, and insuring their preservation for nearly two thousand years. On removing the debris, which consisted of the roof and ashes which had fallen into the interior of the house, something like a human form was discovered, though nothing but fine powder was visible. It occurred to Cavalier FLORELLI that this might be a kind of sarcophagus created by Vesuvius, and that within were the remains of one of the victims of that terrible eruption. But how to remove or preserve them? A happy idea struck him. Plaster of Paris was poured into an aperture, the interior having been discovered to be hollow in consequence of the destruction of the flesh, and mixing with and uniting with the bones, restored to the world a Roman lady of the first century.

Further researches led to the discovery of a male body, another woman, and that of a young girl; but that which first awakened the interest of the excavators was the finding of ninety-one pieces of silver money, four earrings, a finger ring, all of gold, together with two iron keys and evident remains of a linen bag. These interesting relics have been now, successfully removed, and are lying in a house not far distant. They are to be preserved in Pompeii, and four bronze tables, of an antique fashion, are preparing for their reception.

The first body discovered was that of a woman, who lay on her right side, and from the twisted position of her body had been much convulsed. Her left hand and arm were raised and contorted, and the knuckles were bent in tightly; the right arm was broken, and at each end of the fragments the cellular character of the bones was seen. The form of the headdress and the hair were distinctly visible. On the bone of the little finger of the left hand were two silver rings, one of which was a guard. The sandals remain, or the soles at least, and iron, or nails are unmistakably to be seen. Though the body was much bent, the legs were extended as if under the influence of extreme pain.

In an inner chamber was found the figure of the young girl lying on its face, resting on its clasped hands and arms; the legs drawn up, the left lying over the right-the body thinly covered over in some parts by the scoriæ or the plaster, whilst the skull was visible, highly polished. One hand was partially closed, as if it had grasped something, probably her dress, with which it had covered the head. The finger-bones protruded through the