Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-06-06

Secretary Window has made a rHling
sustaining the position ta1sa by the Now
York coliector Of customs, that .'worstedn
Is ''voolsn cloth" and dutisble as such,
although specifically rated in the tariff
laws st lower import drty. The decision
was made on the appeal Of II. Herman,
5ternbaoh %. sad BAllin, Joseph l.
Go. on recent importations OF vorssed
ooatings, suitings, &C., used in the man
ufscture Of boys clothing. The secretary
held as these articles were made in part OF
wool 1t was the evident intent Of the
statute thA. they should be classified and
assessed for duty at the rate applicable
ior manufactures Of wool. OF course by
he same process OF rAioeination cleo
margarine is butter and soap becomes
met. The kernel Of the seeretary's
Kgument is contained In the following
sxtrAst;
Il seems 10 be undisputed that the defni-
tlon OF "worste1" was originally confined
% the prodnct OF long bombing wocls.
Webster, 10 the latest edition, described the
term AZ foilows
"worstsd-Wsil twisted yarn, spun OF
long stapls wool, which mas been eombed
70 lay the npres parallel; used TOR carpets,
hosiery. gloves and the Ike"
In the present case there are two para
graphs under which It Is commended that
the goods 10 question may be classified.
First. Paragraph s6l. "Woolcn cloths,
wooden shaws ami al manufactures Of wool
Of every crpaioD, made wholly or In
part OF wool, not 0therWi-e enumerated or
provided for ia thls net, d
Second. Paragraph 353. ''FiAnns!s,
blankets, &c, wooden and w0rs'7d yarns
AID all manufactures OF every description
composed wholly or in par o. s0rst-a ths
hair Of the slpEca, goaI Or ctre- sni.nhl.
except such IS airs composed 10 pagt u
wool, not specially enumerated or pI1-
vided for In this art. vAu-i. a
II paragraph $50 stood alone II vnuld not
be dispuUed that Eorsted cloths g-- du'iAhls
hereunder, either Jude: the specific desig-
nation OF wooden cloths or ander the desig
nation Of all manufactures OF wool Of
every description, wOfstsd itself being a
manufactured fabric or material made from
wool either wholly or In part.
After q careful examination and con-
sidefaticn Of all the papers and authorities
bearing upon tbs question have reached
the conclusion that there is nothing in the
language employed In paragraph 1868 which
exempts these cloths from the operation OF
the provisions OF the preceding paragraph.
Further on the secretary INSERTS that
under the Law whsre two or more rates
are applicable to an article it should be
Chased under the higher-and that "the
familiar maxim should be applied that q
thing within the intention is within the
statute, though not witnin the Letter, and
thing within tho letter is not within the
statute unless within ths inteutlon.'"
Which interpreted into every day EGG
lish means that It is the policy Of this ad-
ministration 30 squsezs the consumer TO
the u.termoet penny in order that the few
bensfciaries OF ''protsctioa" mey be
encouraged 10 fry out 'fatn for campaign
purposes aud that the scounulating sur.
plus may forcs the government to buy
up It's own bonds st the eKorbitant rates
OF the Wall strest syndicate which
CONTROLS them. Also that the enterprise
and ingenuity Witch pndes ths co,nouI.
SION Of onf restrictive -tY-l hs7 enc.
eeedsd IN adap.-..s s.orsted5 10 aign4f
gEaus ol manufacture than WAS dreamed
Of few years ago, issreprehensible and
against ''protectivs" policy and should
be discouraged and taxed out Of being.
o, course the importers will not let the
matter rest here bat will carry the case
into the courts.