National Republican. (Washington City (D.C.)) 1872-1888, 1882-02-03

A CONTRAST.
Secretary Foigcr's Action and That of Var
Isnnc Wnync McNey.

Isaac Wayne Mcyey.
The text OF Secretary Folger's decision in the
Apolinnris mineral water case, decided by him
last week, was given to the press yesterday 1t Is
a clear judicial statement of ehe fucts, and fully
justifes his conclusion that the water imported
under the name of Apollnnris water is an article
which is produced by nature, and is not the handi
work of man: that 1t Is natural and not an arti.
fetal water, and therefore must be admitted free
of duty. This case has occupied the attention OF
the Department for moro than year past, and has
been presented In a most exhaustive manner by
counsel on both sides. J. H. Sayille esq, of Wash
ington, and Hon. Roscoe COnkling of New York,
being counsel for the importers and George l..
Webster, esq, of New York, and Colonel c. w.
Moulton, of Cincinnati representing the COM
bined artificial mineral water manufacturers of
this country, who were interested to exclude the
water from importation by securing its class fcd-
ton MS an artificial water, upon which duty
equivalent to prohibition is isimposed This matter
comparing the action of a man Of sense and ca.
pacity with the opinion of the late Attorney Gen
eral, Mr. Vain McWay, In the same case.
1T WAS SENT To THIS DISTINGUISHED JACK BUNsBY
for an opinion on the law OF the case. In the
usual course of business the papers went TO the
Assistant Attorney General, who for ten years had
decided these questions, and he prepared an
opinion in which he set forth very nearly the
same views as Mr. FOlger has incorporated in his
opinion This was presented to the great re-
lOr MS Ulu NOT sign, lie
took the papers and would look into the case for
himself The result was genuine "opinion MS is
an opinion" He starts out with the startling an
nOuncement that there is no question of law in
the case, compliments the counsel, and then ap-
pends a statement of the facts with his recon-
mendatiOn that the case should be sent to the
courts for adjudication. Nearly every fact he
rccites Is exactly the reverse Of what he says
1t Ia, though he informs the Secretary
that he has carefully read all the papers.
md he quotes the former collector of the port o f
New York, General Merit, as having submitted a
report on the case which he never did and of en-
tcTtaning opinions in regard to the matter, which
General Merritt promptly informed the Depart
ment on learning of this reference to him, were
the opposite of what his opinions really were,
though he had never been asked for, and had
NEVER GIVEN AN OFFICIAL OPINION
in the case. Not content with uSurping the au-
thority OF the Secretary of the Treasury who alone
has LAWFUL authority to decide questions OF fnct in
cases of this character, he undertakes To secure
the adoption of his wishes by misrepresenting the
facts and quoting opinions which were never
| given. 1t Is Burke who says of our great reform
! or's !" prototype that "he drew upon his imagl-
nation for his fuc,S aud upon his memory for his
| wit" and DISTINGUISHED English lawyer who had
read the record and opinion In this case remarked
Can II be possible that Il country which has pro-
| duCGd Webster, Choate, md hundreds of such
| lawyers can rest quiet under such an ass as At
| tOrncy- GenernlY To which q by-stander replied (:
! "Well, McVcy thought il wouldn't, and disCreetly
stepped down and out before the length of his ears
were generally observed