# Buttfield v. Stranahan

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United States Supreme Court
192 U.S. 470
Buttfield v. Stranahan
Argued: January 4, 1904. --- Decided: February 23, 1904
Messrs. This case presents for determination the question of the constitutionality of a statute known as the tea inspection act, approved March 2, 1897. (29 Stat. at L. 604, chap. 358, U.S.C.omp. Stat. 1901, p. 3194.) The act is copied in full in the margin.
On January 20, 1902, eight packages of tea were imported into the port of New York, per the steamer Adana, by a firm of which the plaintiff in error was the general partner. The tea was entered for import at the New York custom-house, and was stored in a bonded warehouse. At that time certain standards, enumerated in the margin, which were selected by the board of tea inspectors, had been put in force by the Treasury regulations under said act of March 2, 1897.
The eight packages of tea in question were embraced in the class known as 'Country green teas,' numbered 7 on list of standards. The tea was examined on February 7, 1902, and was rejected as 'inferior to standard in quality.' By the term quality as thus used was meant the cup quality of the tea, that is to say, its taste and flavor. An appeal was taken by the importer to the board of general appraisers, and that board, on March 10, 1902, certified to the collector that 'the said tea is inferior in quality to the standard prescribed by law,' and accordingly overruled the appeal. The firm was notified of the decision on March 12, 1902.
In November following the plaintiff in error-who had acquired the interest of his partner in the tea-applied to the collector for permission to withdraw the tea for consumption, on payment of the duties. The request was refused. Application was then made for the release of the tea from bond in order to export it. This was also refused on the ground that the tea had been finally rejected under the act of March 2, 1897, more than six months previous to the application. The plaintiff in error was also notified that the tea would be ordered to the public stores for destruction.
This action was commenced in the supreme court of the state of New York, county of New York, against the collector of the port of New York, to recover damages for the alleged wrongful seizure, removal, and destruction of the tea in question. Averments were made of the importation, storing, tender of duties, and refusal to accept the same, and of demand for the tea and refusal to deliver. A general denial was filed. The action being on account of acts done by the defendant under the revenue laws of the United States, as collector of customs, it was removed, on his application, to the circuit court of the United States for the southern district of New York.
At the trial of the case before Circuit Judge Coxe and a jury, the exhibit reproduced in the margin was introduced in evidence.
As indicated on this exhibit, the Country green teas thereon designated were arranged in their order of quality, from the highest to the lowest, No. 1 being the highest grade, and No. 17 the lowest. The designation in each perpendicular column represented the teas grown in a particular district, and all the teas enumerated on the same horizontal line were considered as being equal in grade.
The chairman of the board of tea experts of the Treasury Department testified that the standard for Country green teas in force at the time the tea in question was imported was Hyson of a Fine Teenkai, or No. 6 on the list of standards, and that before fixing this standard 'the board made diligent search for any Country green teas of lower grades-Hysons of lower grades-of pure teas on the New York market obtainable by the trade, and were unable to find any.' The term Hyson, it may be observed, indicated that the tea was made out of the coarsest leaves. For the plaintiff it was testified that the quality of the tea in controversy corresponded in quality with the grade No. 7 on Exhibit 8; while the evidence for the government was to the effect that it would grade as Fair Fvchow, No. 11 on Exhibit 8. 8. The testimony also tended to show that the tea in question differed only in respect to the cup quality from the government standard; the evidence for the government being that it was 'a tea of a decidedly low grade, . . . a pure tea, but of low quality.'
At the close of the evidence the court overruled a motion to direct a verdict for the plaintiff, and an exception was reserved. Thereupon the court, granting a motion on behalf of the defendant, instructed that the only question was as to the constitutionality of the statute under which the defendant, as collector of the port, acted, and directed a verdict in his favor. Upon the judgment entered on the verdict, which was returned in accordance with this instruction, the case was brought directly to this court. James L. Bishop and James H. Simpson for plaintiff in error.
[Argument of Counsel from pages 478-487 intentionally omitted]
Mr. Edward B. Whitney and Solicitor General Hoyt for defendant in error.
[Argument of Counsel from pages 487-491 intentionally omitted]
Statement by Mr. Justice White:
Mr. Justice White, after making the foregoing statement, delivered the opinion of the court:

## Notes

* ↑ An Act To Prevent the Importation of Impure and Unwholesome Tea.
* ↑ No. 1. Formosa Oolong.
* ↑ EXHIBIT NO. 8.
Schedule of Country Green Teas arranged in Order of Quality. 1 Choicest Moyune 2 Choice Moyune Choicest Teenkai 3 Finest Moyune Choice Teenkai 4 Fine to Finest Moyune Finest Teenkai 5 Fine Moyune Fine to Finest Teenkai 6 On Fine Moyune Fine Teenkai 7 Fully Good Medium Moyune On Fine Teenkai 8 Good Medium Moyune Fully Good Medium Teenkai Finest Fychow 9 On Good Medium Moyune Good Medium TeenkaiFine " 10 Fair Moyune On Good Teenkai Good Medium Fychow Finest Wenchow 11 Good Common Moyune Fair Teenkai Fair " Fine" 12 Common Moyune Good Common Moyune Good Commmon " Good Med. "Good, clean, genuine Shanghai packed 13 Common Teenkai Common " Fair" 14 Good Common Wenchow 15 Common Wenchow 16 Mixed, Shanghai packed 17 Common, refined and adulterated Shanghai packed
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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