The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-01
United states Circuit Court.
Before Hon. Judge Ingersol.
IMPORTANT TO MPoRrERs-sUIT FOR RETURN
DUTIES.

IMPORTANT TO MPoRrERs-suIT FOR RETURN
DUTIES.
John wil,on, HalokaooyA and others 70. Herman j.
Redf>d, Coliector-Thls actsn to obtain the
OF duties paid under protest quantity OF steel
imported from England. The paiutns claim ths. under
the tariff OF ls4o the articles only duabe at Is per
cent ualorS, willis, the Custom House authorities
charged 20 per cent Mr.. Mckeon United States Dsr,t
Attorney, appeared tor the government. and Messrs.
Rdgwsy and Mccullough for the pantns. TINS of
many suts which involve several hundred Thousand dol.
lars
Judge Ipserson, 10 charging the Jury, said
GpNTtEyES o IRE JrRY-t VIII not require many re-
from enable you correctly delcrm'ne the
question which Ia submitted TO your consideration. BY
steel Of Il per cent excepting from THAI IN bars
cast, sheer German lne mporiations under ic
rson made by tho plaintiff 10 THIS case were OF s,ee
The duty imposed upon that mpo,a,on by the Collector
anc which duty vas paid, was 20 per cent; aud as the
article upon wpicn thst duty was imposed
correct, unless the steel thus imported wa.
either cast, sheer German. IL II admitted
he i.pos,siou Vas correo. unless made 90 appear
that was German. appears very Gear from the evi
dcnoe given in court and about which 'hese eau De no
yn,sake that there steel Manufactured Ia Germany
which has been manufactured there for great many
years, and which 10 known among the commercial com
Manufactured and Known, msde from the ore direct,
anc this peculiarly about ~ that toe ateel 20 made
IN Germany according 10 the understanding OF the vii
neescs the only steel made directly IRON the that
10 made from found In Germany, aud that there
similar 10 the word except found In Hun.
gary and found In the Uned states which latter
have been worked for the manufacture Of s,eel;
that this peculiar tteei 10 only male ip Germany, 10
Wit made from the ore. s snoSn s Ger IAN
act OF Congress In 1ss6 German STEEL ami intended by
them 10 be included 10 tho term "German steel" Tue
tbi.-Thst although this German seel and within the
Of the provision OF the set OF Congress reeret
viii mi, act, ,hs. there Kind Of steel
IN sheffield hbslapd well known among the commercial
community AZ German steel, although no, msuufsctur
% In Germany, and not from any ore that came from
Germany. but from iron In England. Toe plsnun
say that well known In Sheffield and cls u prove
that s well known IN this country that thcre tour
Kinds rDo.n in England to wit the bstr steel, the
ntt process tue the German steel lin conro-
gss"y which 'ssy say s .s.. p,Soe': from rom
iher processes nom what they cali tue German;
and thn the steel made by this first process
from the blister rs known German steel that u ~
equally well Known In country a. G,rmsu STEEL aud
vas 90 known s the time this act OF Congress pass
ed IN lsAe, a. the other ind Of steel made in Germany
II They successful In ESTABLISHING and Ia satisfying
you that this kind Of steel thus made the blister 10
mi isno w.s generally known among the commercial
community In toe trade OF this country and among
engseed that trade German steel II musi be pre-.
70 have ben contcn plated by the makers OF tots
act OF Congress 70 includes In this exception Say
that ~ IN lS4s, when this &C. OF Congress- passed.
this accord % 70 the commercial understanding OF
the used In our market In the markets Of the intel
ssos FIT was 90 generally Understood 10 be German
steel" must be within the Exception Of this
act Of Congress, although II was not male in
Germany. Ana tne only question here Tor you
10 determine Ia OF iact: was this article nov
In controversy, st the time this cot Of Congress
was passed. I'm is4e, 90 generally known the CONNER.
cial community Of this country as German steel m "A
vas your verdict must be In favor Of the paiutn You
apprenepd what IA meant BY the "undetandine OF the
commercial community in this country. II is was II
generally underwood by them Not that was under
stood by iew-one or more-but was n generally un.
derstood, so thai n an order was given FOR German
steel, that order would be answered by response 10 Il
of sec manufactured In Sheffield under nrs process
IRON blister, no matter what form II assumed The
question, then OF fact. Was II 90 generally under
stood n s generally understood that has nothing
10 do With the queston-was 80 generally understood
IN ls5e'-ior parties in interest capnot give different
construction 10 the Jaw OF Congress- passed In IsA6 BY
changing the definition OF terms We loot N
the definition o. the term s was under.
stood in 1915 and n At ths perioi tnls
article seencraly understood In the mercantile com
uuntty OF The United states Of any other country az
Germ an steel but net understood In 1870 n Cav.
not come within the exception for the act exceps that
which at that time, and 81 that time only was reuer,y
known smorg the commerci. communfy IA be German
steel viii BOT alude particularly 10 the several Wit
that have beer Introduced There have been many
introduced the part Of the plaintiff who are mos, Of
them believe agents for foreign manusctories--many
Of whom were residing Ia this country at the time
this &C, passed. They tell you that In Eugsnd this
ga Erovr AZ German teel, tent here n German steel