Page:Federal Reporter, 1st Series, Volume 6.djvu/427

 THE MARINE CITY. 416 �before existed. It is true the Eevisiou was designed BImply as a re-enactment or codification of the wbole body of the national statutory law, but if the legal effect of each section is to be determined by an examina tion of the original law from which such section ■w:a8 takeny it'migbt as well ne ver have been adopted, Enlors and inadvertent omissions are inevitable in a codification of this extent. Many of;them were corrected by the aot of February, 1875, (18 St. 316,) and in the praetical application of the Eevisiou' others will undoubtedly be discovered; butiihe reinedy is with congress, and not in subtle and forced judicial constructions, though I fuUy conour in the intimation of Judge Choate in The Long Ighmd Transportation Co. 5 Fed. Eep. 626, that "an inten- tion to change the existing laws, which this Eevision purports to re-enact or codify, is not to be presumed from trifling changes of phraseology." �We are, then, remitted tO the vital question in this case : Does the word"merchandise"iuclude the perSonal luggage of passengers? In the case of Ctiamberlain y. West. Transp. Co. a N. Y. 306, it was held, and I have no doubt properly, that baggage was included in the words "goods and marchandise" as used in the original act of 1861. But the couri expressly held that it was covered by the word "goods ;" and if there be any other inference to be drawn from the opinion, it is that baggage cannot be classed as merchandise. Merchandise is defined by Webster as "objects of commerce, wares, goods, commodities; whatever is usually bought or sold in trade." But provisions daily sold in market, horses, cattle, and fuel, are not usually included in the tenu, and real estate jiever. The word is also defined by Bouvier as including "ail those things which merchants sell, either at whoIesale or retail, as dry goods, hardware, groceries, drugs, etc. It is usually ap- plied to Personal ohattels only, and to those which aro not required for food or immediate support, but such as remain after having been used, or which are- used only by a slow con- Bumption." �In Tisdale v. Harris, 20 Pick. 9, 13, the word "merchan- dise" was held to include in general objects of traffic and ��� �