The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1889-10-23
IMPORTANT RULING.


Secretary Window Will Not Interfere with
the Present Importation OF Mexican Ores
Congress Must Decide the Matter.
WASHINGTON, Oct 19-Secretary Win.
dom last nj ght made public the tong-ex.
pected lead ore decision, in which he sus.
tanned the present classification, that ad.
mitted argentiferous lead ores imported
rom Mexico free of duty.
The Secretary, after reciting the uni.
form decisions and practice of the depart
ment with respect to the classification of
these ores since 1880, says: 1.-THE dutiable
or nom dutiable Character Of these ores
was the subject of an investiga-
ton by the Judiciary Committee Of
the Senate, who reported on July
3. 1855, in effect. that ores of
the character mentioned. namely: ores
containing more lead in weight than
either gold and silver. but more gold or
silver than lead in value-are not in the
opinion of the committee subject to duty
under existing law. If the question pre-
scented were a new one and had not been
the subject Of administrative construc-
tion fortified by the opinion of the Jul
dietary Committee of the Senate. / would
feel at liberty to give greater considera.
tion to the weighty arguments which
have been adduced, tending to estab-
lish the du;iabie character OF all
ores of this description containing
lead in appreciate or considerable guam
tity, the more SO il it had been satisfac-
torily demonstrated that these ores are
not known nor entitled to be known com.
mercially as ores Of silver. 1t not having
been so dem onstrated, and it being the
fact that since the original decision OF
1880 on this subject Congress has re-en.
acted the pre-existing provisions OF the
tariff with regard to lead ores and silver
ores respectively, do not feel ut liberty
to set aside the existing classification. II
must be assumed that the rulings and
practices of the department were known
to Congress when it passed the tariff act
of 1888
1T must be held that the designation OF
lead ore and silver ore in the tariff in the
absence of legislative definition was that
OF existing decisions that Co ngress in.
tended the classification shou Id turn on
the question of value and not OF quantity.
1t is therefore considered that this DEPART
ment is without authority to change the
departmental and Congressional defini-
ton of these ores, and in ia it'll of which
large business interests have been estab.
lished.
"That Congress did not intend to impose
duty upon the lead which might be found
in the different ores but only upon such
ores as were then recognized under the
decisions Of the department. as lead ores,
is gathered from the other parts OF the
tariff acts, for in paragraph 1856 copper
is made dutiable whenever found in ore.
and in paragraph 19l nickel is also made
dutiable whenever found in ore or other
crude forms. In those cases it is clearly
the metal contained in the ore which is
made subject to duty. and had the same
form of expression been used in reference
to lead that metal would have been duti-
able at the rate prescribed whenever
found in ore.
According to well settled rules Of
statutory construction this difference in
the form of expression must be deemed to
indicate d ffsrenr legislative intent and
to limit the authority Of the department
to impose duty in such cases to the ore
itself under existing rules of classifica-
ton. l consider. therefore. that the pres
emit classification has attained the force
of Congressional enactment, and that
change, if desired, NUT be
sought in Congressional Intervention.
II however, ores of this description
are i'm ported, which are distin city known
as lead ores in the legal and commercial
sense they would as such be dutiable. 1t
is deemed advisable in this connection to
enjoin upon customs officers a strict en-
forcement of the regulations Of this de.
partment intended TO correct abuses which
formerly existed in the methods It entry,
sampling and classification Of ores Of the
character mentioned"