New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-03-07
AN IMPORTANT SUGAR CASE DECIDED.

AN IMPORTANT SUGAR CASE DECIDED.
THE SUPREME COURT DECIDES THAT THE TREASURY
DEPARTMENT CAN LEVY DUTIES on SUGAR UN-
DER THE COLOR TEST ONLY.
WASHINGTON, March 5.-AmOng the decisions
rendered in the Supreme Court to-day affirming
the Judgment OF the court below in the sOcaed sugar
case of f. A. Merritt collector. against Samuel Welsh,
ct al This brought 10 the supreme Court upon
a writ of error for the Southern District OF NcYIork IL
was begun originally by Welsh ct al who are prominent
sugar importers alleged excess of duties
eyacted by the plaintiff in Collector OF the Port
OF New York on five cargOes sugar, imported from
Cuba in 1870 II is claimed that these sugars were all
below No Dutch standard in color and were therefore,
chargeabe under section 1904 Of the Revised Statutes
only with duty of 1 cents pound. and the % per
cent provided for by the Act of 1870 The Collector,
however, acting under instructions from the Treasury
Dcpartncnt rated these sugars higher grade. and
charged duty of cents upon some of them and "a
cents upon Others addition the % per cent above
referred to- This action Of the Department ana OF the
Collector was taken upon the assumption that the sugars
in question had coored by artificial means, as TO
reduce them in appearance below that grade Of the
Dutch or color standard TO which they properly be-
longed. The principal question in controversy In the
case was the right of Treasury Department to
the poaIscOpe mako any chemical tests whatever
for the purpose Of rating grading imported sugars
This Court decides that question in long and carefully
prepared opinion by Justice Bradley, which is in sub
stance follows:
1t will be perceived that the real question In this case
is whether the dutabe quality of sugars Is TO be decided
by their actual color graded by the Dutch standard or
by their saccharnc strength ascertained by chem
tbe plaintiff in error the latter The prescribed by
tnc statute the Dutch standard OF color If Con ress
desired the application of the chemical test why qua not
Color was oS teG sGRrG sT u ID SdnS %ch T3 m
he found by experience that hat standard laaelos
the Executive aons supPS pay
authority to levy duties. lis wiz alone one
is to he sought II appears very cear ead TE arS
only As applied to the sugars OF the Island OF Java
brought TO the mother country it was undoubtedly
very fair standard of the quality OF sugar win new
processes Of manufacture however ana win te pres
perfect ion of the rpenng process Sol0r % nns pecoe
tain abundance OF saccbarne matter Inc c00r stand-
Government chooses 70 adhere 10 H. Is bound by H.
customs Dep1riInent 10 adopt a different one when
Congress chooses to do THE ii VIII be time enough
for The Custom House to follow. Great stress Is laid
cooTs on purpose to evade the duties suppose this is
true has not manufacturer rlSlt To make ms e9Ods
pleases If they less na1fetabe II is hlT loss
II they not marketable who has right o complain
Gfthe duties effected there is palL remedy Con
gress can always adopt such laws ahl a. u
may deem cxpedient for protecting he interests Oh the
Government 1t argued that the intent OF me law was
10 prescribe quality standard lhs reasoning WouIu
very good if the law prescribing the standard were
need 90 no further in this they clear Two
tests for liking the dntiaDe glooG o. SneulS LIZZIE
and that Of constitution or chemical quay congress
chose the former, and ~ making ts selection II dld nor
adopted fails effect the desired object The nconyon-
ence loss to the frca 'ry need be only emporay II
can changed az any moment, and il i better 10 submit
to a temporary than TO set the laws aoat
~ laying down canon Of construction which leaves me
plain words and seeks spell ont guess at the sup
tbat vbic6 Is cf0IIv enbodicd in the words il has
used nerperencc shows that Congress acted under
The Treasury Department or the Courts
hy construction to make new laws which thcy imagine
formed but Which Congress Itself being properly in
formed, has yet seen III 10 make IL may pe that
tariff of duties is eyaded b' su2endnclng upon
sugars in the process Of manufacture low grade OF
color. If this be So il is no more than every Hannlac
does, viz 50 to manufacture ms goos ~ TO NO
the burden of high duties providing he can DO It without
ijnring their marketa6tyoT 3rihg ,, es7 @ r ,LG
duties involved so long a. no deception II % ntc'cJ,
50 long as the GODS are nyroscd od2 70 the
officers OF customs for their examination, no fraud
is committed and penalty Is incurred All thai mas TO
be done change the law IA o reach the goods IN
their new fon if IL is thought desirable TO do so Inc
decision Of the Court tlo" was ngh ana It's judgment
is affirmed
Justices Matthews and Harlan dissent from the opinion
of the majority Of Court the ground that color
impaired arhciay either during the process Of
manufacture after Its cOmpction-a color which 1t
wonld not contract by means Of any Of the processes
necessary mCTc the production 0f sugars not It's
natural color and not the real ami true color OF the
Dutch standard.
The reports received in this city yesterday
OF the decision by the United states Supreme
tanning decision Of the Circuit Court made last
in favor OF the plaintiff In the test OF samuel
Welsh against the United States, caused much
qualification among sugar importers. The
ton was brought Tor thcs recovery Of duties on
SUGAR paid under the order of Secretary Sherman, d
rectins the Of the poscopc to determine the grade
Of sugar imported The importers claimed that the test
could not be altered III this way, and have paid duties
only under protest over 300 suits for the
coycry Of duties have already been begun, and
the amount involCcd is over $l5OO,OOO. The
suit lust decided is regarded as carrying all the
others with II. The Chamber of Commerce and the
sugar importers have vigorously contested the order Of
the Secretary OF the Treasury. Ii was said that
tIe amount to be refunded would bc nearly
50 100000, and that il would be divided among
inc impOrcrs according to the amount Oycrptid one
firm viii receive about 100000, and others smaller
sums down to 300. The opinion expressed tIat
decision 80 Important importers had been rendered
for many years
ru1r uENNEnIN nAN Al oil