The commissioner has allowed, as part of the cost of the dates, houserent, 5,000 rupees, and also the expenses of the agent, 1,274 rupees. To these items the claimant objects, upon the ground that they are part of the regular expenses of the shipper's business, which he takes the risk of providing for out of his profits, and therefore are not recoverable against the Umbria. Under the peculiar circumstances of this trade, where an expedition must be sent from the port of shipment to the country where the dates grow, and where commercial facilities do not exist, and where the business is special and temporary, I am of the opinion that the items objected to were properly allowed by the commissioner. Those who conduct the business are doubtless the best judges of the most economical method of carrying it on, and I find nothing in the testimony calculated to cast doubt upon the conclusion that these items are proper items, going to make up the cost of the dates at the place of shipment.

The exceptions are therefore overruled, and the report is confirmed.


(5053 i

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