The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1881-06-02
mPROrECTIONn


Was Good Enough Morgan Till After the Elec-
tion.
WARRINGTON, May 1O.-The Secretary
of the Treasury has written the follow
ing letter to Thomas Ii. Wells, Chair
man of the Committee Of hoop-iron
Manufs cturers, at Youngstown, ONO:
"sIR-In compliance with the reque'
contained in your printed memorial OF
March "a, 1881, this Department has
carefully considered whether the rule OF
the Department that cotton ties OF GER
tain classification are admissible at 80
per cent, ad valorem should be reversed,
and such cotton.tles classified as hoop
iron at the duty of II cent per po1nd.
The history Of litigation and decisions
OF Courts and this Department on this
subject are fully stated in letter from
Secretary Sherman, dated January 26,
1881, to Shellabarger and Wilson, which
is no doubt familiar to all parties inter-
ested. 1t apj ears the Treasury Depart
ment from the first attempted to main
tain the classification Of this article as
hoop iron, but was beaten in the O. urts,
it being found by juri as a matter OF
fact that ton.ties, as such, were we'll
knowr manufactured article in the mar
ket before 1864, when the present tariff
act was passed, and were not included
under the general class Of hoop iron. At
that time the price of iron was 80 high
that an al valorem duty of 80 per cent.
was about the same as duty at l!c. per
pound. By the fall in price the ldvalor
EN- duty is now much lower in proper
ton; / ut upon no principle of const.uc-
ton can this D partment change the
classification of the article with every
Auctuation of its price. If 1t was man"
uiacture of iron in 1864, it must remain
so until Congress changes the law.
In 1868, by decision of this Depart.
ment, tased on the verdict of jury and
the judgment OF the United States Court
it was settled what cot on ties of the de-
scription in question were manufacture
of iron, and admissible at 35 per cents
valorem. The decision has stood
through three Adminisrat ons, through
the erms of six Secretaries Of the Treas
ury and through seventeen sessions OF
Congress, without change. Secretary
Sherman considered tn question in the
fullest discussion, and gave his decision
in letter already cited, in accordance
with the established rule. The follow
ing anguage, part of thet decision, will
express the views of the present Sec
retsry;
"The action Of this Department in it's
construction of tariff laws must be in ac-
cordance with the law a, laid down by
the Courts, and can not be controlled by
what the individual opinions of officers
Of this Department may by from time to
time" Nor should tl decision OF one
Secretary of the Treasury on a ques ion
of this character be reversed by his sue
Cessor in Office except upon the strongt t
grounds. and where the case SCI ms to ad.
nit of no other course of action. There
is no branch of the public service in
which the ruse of store de CiSiS should be
more constantly adhered to than in the
construction of custom laws, Even if a
decision is erroneous, trade and com
merce will be Injured by departing from
it, especially where it has been sanction.
ed by the United States and by continu'
GUS practice for a number of years.
Acting in accordance with these prin-
ciples and considering the thoroughness
with which the case referred to appears
to have been tried, the length of time
which the decision of this Department
based on such decision Of Court has been
in force, tht accommodation If business
interests to this ruling, and the fact that
Cottol ties, when legitimately manufac'
tured, appear TO be different article
from hoop iron, as known to rade and
commerce, feel it to be my duty to a.
low that decision to remain undisturbed
as tie rule of action for custom officers
in the pl emses. Very especially,
WILLIAM WINDOW,
Secretary