San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1886-11-24
AN ERROR CORRECTED.
Something Father in that Rust Case
Not the First Time a Case of
this Kind Has Been in

The Express Of this city In Its yester-
day mornings issue contains the follow
ing:
In connection with the case OF the
United States VS.. l96 head Of mares, re-
Gently tried In the federal court, Judge
Turner delivered a lengthy charge TO
the jury, In which he interpreted the
laws on importation of stock for breed
ing purposes. As it IL the first time
these laws have ever been Interpreted
by judicial tribunal. The Express
prints literal extrac's from the docu-
ment as follows, for he benefit of those
engaged In the business on the Rio
Grande border:
The Express is in error on this point.
In January 1888, Chas. j. Folger, Secre-
tary OF the Treasury called the atten-
tiOn of all collectors to u decision Of the
United states supreme court;opinion de-
livered by Chief Justice Waite. This
case WAS an appeal from the United
States circuit court for the district Of
Maine and was as follows:
"Section 2505, of the Revised Statutes
provides, among other things, that
animals, alive, specially imported for
breeding purposes from beyond the seas
shall be admitted free (Of duty upon
proof thereof satisfactory to the secre.
tary of the treasury and under such reg
ulations as he may prescribe. Article
3S3 of the Treasury Customs regulations
provides that before a collector admits
such animals free, he must, among other
things he satisfied that the animals are
OfsuperiOr stock, adapted to improving
the breed In the Uunited States.
Jones, the defendant in error, impor-
ted certain animals which were entered
at the port of Portland, Maine, and
claimed that they should be admitted
free as they were specially imported for
breeding purposes The collector,
though the importation was for breed
ing purposes, demanded the duties, be-
cause he WAS not satisfied that the ami
mails we're superior stock" The du-
ties were accordingly paid under protest
and this suit was brought to recover
back the amount thus paid.
On the trial the court instructed the
Jury that under the statute animals,
whether of inferior or superior stock, If
in fact imported specially for breeding
purposes, are entitled to be admitted
free of duty and that the law does not
give TO the secretary OF the treasury
power to prescribe in the regulations
what classes OF animals imported for
breeding purposes shall be admitted free
of duty. TO this instruction an excep-
ton was taken. The jury returned
verdict against the collector, upon
which judgment was rendered. To re-
verse that judgment this writ of error
was brought"
Chief Justice Waite then assigns rea-
son for his decision which was 1.-The
judgment of the circuit court is az
firmed."
Upon this decision Secretary Folger
notifies his collectors that they must
confirm their action to the decision Of
the court.
In the tariff regulations of 1888, after
this order was promulgated, the express
sion from beyond seas" was omitted
from the regulations and this decision of
the supreme court covers impOrtations
from Mexico as well as from Europe.
The supreme court has established
the fact that treasury regulations cannot
override the enactmeDrs of congress.
The uniform ruling of the treasury de-
partment for sixteen years was cited in
an article revie ewing this Rust case last
week and need not now be cited. The
case has been before the supreme court
of the United States, from Maine, and
may yet reach that tribunal from the
Rio Grande.