The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-12-30

quantity So also BY the act before quoted OF the 4th OF
August, 1890, there was provided Zee OF thirty cents
for the measurement of every hundred bushels OF
grain" and the provision for the measurement OF gram
remains in full force up to this day
So also the clause Of the same act embracing all ar
ces inyoiced by weight providing afee OF two cents
for "the weighing OF every one hundred and Twelve
pounds" applied whether the duty was ad yalorem or
specific and always construed and enforced IRON
l7s9 and 1890 TO the present period From the oanza
ton OF the up 10 the present time, no dlsnc
ton recognised as 10 weighing, gaugng, or
measuring arising from the fact OF the duty being ad va
loren or specific Thus chocolate cloves, cassa, dates
figs ginger, gunpowder, hoopron, bar, bolt and Pig
ron and great number OF other articles Tor many years
subject TO ad yalorem duties, and subsequently
specific duties but were always required TO be weighed
and weighed 10 ascertain the actual quantity and
the duty thereon SO also as TO gaagng; the lee
was "for the gauging OF every cask eight CENTS, ire
specve OF the fact whether the liquid they contained was
subject to specific ad yalorem duty thus OIL oil
various kinds in casks for long time subjected 70
ad yaorem, and subsequently, TO SPECIFIC duty but II
always was required be gagged So also the provision
for counting the number of bottles OF cider, &c
Cider in bottles by the act OF the 4th q july i7ss
subjected specific duty, and by the act OF the
10th OF August, 1890, TO an ad yaiorem duty and Tor
many years afterwards but i was always expressly re-
qured TO count the number of bottles.
1t is clear then that the provision to weighers,
gaugers and never did depend upon the fact
whether the duty specific ad valorem, but upon
the nature of the article required to be weighed gagged
or measured The purpose declared in the law, for
which the weighing ganging, or measuring was re-
qured-namely in regard 10 such goods, wares, or
10
sured IN order 10 ascertain the duties hereupon," was
never abandoned These duties could not accurately be
ascertaned as to guard against fraud without an ac
tua weighing, gaugng, or measuring, whether the du,
ties were ad yalorem specific. Thus, II a eargo oil
wheat, invoced at twenty-five thousand bushels, was
entered in order TO guard against fraud and compare the
invoice with the actual quantity, just necessary
to ascertain by measurement the actual number Of
bushels whether the duty specific or ad valorem.
Where the duty ad yaorem, is absolutely necessary
to ascertain the quantity before the value be assessed
and there no reason why the invoice should be taken
standard, whether the duty be specific ad yaorem.
IL the invoice were taken standard and the cargo
entered was much larger than that indicated by the in
voice. the danger OF fraud would be precisely the same
whether the duties were specific or ad yaorem II the
invoice TO be taken TO the quantity, then, whether
the quantity that really indicated in the invoice not
depends entirely upon the honesty OF the importer and
il the quantity were double that OF the invoice he would
pay only onehalf OF the duty whether il were specific
or ad valorem. The result OF such system would be,
that the whole business OF importing would be inn
medately thrown entirely into the hands OF the dis
honest and fraudulent, whose invoices would be
conclusive to quantity and the honest merchant
and fair trader would be thrown completely out of the
market and the defrauded every year of many
millions OF dollars Congress never at any period since
the organization OF the government permitted the invoice
without weighing, gauging, or measuring to be the
standard of quantity, whether the duties specific or
ad vaorem. From l7S9 to this date, under all my dis
tnguished predecessors in this department, goods
weighed gagged, or measured as required by law,
whether the duty specific or ad vaorem Under the
tariff of 1912, about wothrls Of the imports sub
jected al vaorem dutes yet shown by the tables
hereto annexed marked A, vast amount OF the articles
then subject 10 ad yaorem duties required TO be
weighed, gagged, and measured and this was always
done Under the compromise act during certain period
Of its operation all the duties assessed and collected were
ad vaorem yet the weighing gauging, and measuring
still continued From the first tariff enacted
through all the various notifications of the system down
to the act OF the 3Oh of july 1885, the weghers,
urers, and gaugers were continued without any repet-
ton OF the enactment that subjects there being law
dispensing with their services, and their duties being
quite as important whether the mposs were specific or
nd wall Thus lazy yhpn tha net ~ fha
30th of July last enacted BY that law the services
of these officers were not dispensed with By the 18th
q a that Act as n many preceding tariffs WAS
provisions OF this act be, and the hereby,
pealed" But the former law in regard 10 weighers,
augers and measurers being repugnan to the act OF
1916, repealed By the 4h section OF the act OF
3oth OF july l9i6, as before quoted IT was provided
follows:
fhat all in which the invoice or entry shall not
contain the weight or quantity measure goods, wares
or merchandise, now weighed, or measured, gagged,
the shall be weighed gagged measured ex
pense of the owner agent, or consignee."
Here the services of weghes gaugers and measurers
are required to be continued; and the only modification
made the preceding laws this subject is, that the
weighing gaugng and measuring is to be at the expense
OF the owner, agent consgnee, where the invoice or
entry does not contain the weight, quantity measure
leaving the expense to be paid heretofore where the
invoice or entry did contain the true weight quantity or
Under this section the following instructions
last: 81. "a .us
" The fourth section of the provides that the expense
OF weighing gaugng measuring shall be paid by the
owner agent consignee OF the goods under certain spe
Gifted circumstances Whenever therefore, the invoice
shall not contain any weight quantity, measure the
case may be, and likewise, when those quantities may be
stated in the invoice but stated good faith but on
being properly tested found to fall short Of the true
amount to an unreasonable extent after making due allow
for any difference between the mode of determining
quantities under laws by weight, gauge measure,
and that of the country place from whence the mechan
disc may be imported and where good should exist
for the belief that the quantity Incorrectly given in the
the proper of duty then in all such the
pense Of the services referred be betrayed by the
owner, agent, or consignee. 1H
sf any quantity weight or measure be stated in the in
voice entry il nevertheless becomes necessary,
warehouse act the of August last weigh
gauge the article, ascertain whether the guam
tty be correctly given in the invoice entry II the guam
ty thus asceraincd is found exceed that given in the
correspond with such increase the quantity and the
duties estimated and assessed accordingly But
the duties to be levied less than the
voice value. IA satt HE .tr Ih.f4 iii
duly asceraned goods deposited in warehouse and
such goods be withdrawn either for
portaon to another port entry in less quantities than the
entire importation, the expense OF weighing gaugng,
the owner importer agent whenever becomes
perform either Of those ascertain
the dutable value of any goods Withdrawn from warehouse
aforesaid.
'.When articles of the description aforementioned are
transported pursuance OF law to be rewarehoused
port entry, they need be again weighed gpuge
measured going into warehouse at the transportation
port the Quantities specified in the certificate required
by law accompany the may be deemed the true
quantities. unless special and sufficient should
st to render in the Judgment of the collector another as
eerainment necessary" 5glas#
We have that by the act of 100, before quoted