The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-10-19
Window Decides that Foreign Ores
May Come in Under Previous
Republican Rulings,
He Says He Has No Power TO
Change the classification of
Silver-Lead Ores.
II an Alteration IL Made n Must be h,
Legislative Enactment - The De-
ci-ion I'm Pull.

WASHINGTON Oct. ls.-Secretary Window
tonight made public the long-expected lead
ore decision, in which he sustains the pres
ent classification, that admits argentiferous
lead ores imported from Mexico free of
duty. The secretary, in letter promul-
eating the decision, which was sent customs
officers to-day, after citing the uniform de
cisions and practice Of the department with
respect To the classification of those ores
since 1870. says: "rhe dutiable or non
dutiable character Of these ores was the
subject Of investigation by the Judiciary
committee of the senate, who reported ON
the 9th OF July, 1888, i'm effect that ores Of
the character mentioned, namely, ores
containing more lead in weight than either
gold or silver, but more gold or silver
than lead in value. are not in the opinion
of the committee subject TO duty under
the existing law. IL the question pre-
sented were new one, and had not been
the subject of administrative construction.
fortified by the opinion of the senate. |
would feel at liberty TO give greater consid
Grafton 20 the weighty arguments which
have been adduced tending to establish the
dUtiabe character of all ores of this
description containing lead in appreciabe or
considerable quantity; more so II il had been
satisfactorily demonstrated that these ores
are not known nor entitled 10 be known,
Commercially, as ores of silver. II not hay-
ing been NO demonstrated, and il being a
fact that since the original decision of 1870
on this subject, congress has re-enacted the
existing provisions of the tariff with regard
TO lend ores and silver ores respectively,
do not feel at liberty to set aside the exist
ing classification. II must be assumed that
the rulings and practice of the department
were known 10 congress when il passed
the tariff act of lsSi. II must be held
that the designation of lead ore and
silver ore in the tariff in the absence Of "A
legislative definition, was that Of the exist
ing decisions that congress intended the
classification should turn ON the question of
the quality and not of the quantity. II in
therefore considered that this department
is without authority 10 change the depart
mental and congressional definition Of these
ores, and in the faith Of which large busi-
/ mess interests have been established. That
congress did not intend tu impose
a duty upon the lead which
might be found in the different
ores, but only upon such ores as were then
recognized under the decision Of the depart
ment as lend ores, IL gathered from other
phfth Oh tne tNrlU hct, fOf III ihtfNpn lNb,
"copper"" il made dutiablew ser found in
ore; in paragraph lgl, "nickei In also made
dutiable whenever found in ore, or in other
crude forms. In these cases il 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
10 lead. that metal would have been
dutiable at the rate prescribed whenever
found in the ore. According 20 well-settled
rules of statutory construction this differ
ence in the form of expression must be
deemed to indicate different Legislative
intent, and to limit the authority of the de-
partment to impose duty in such case on
ore itself under the existing rules of classi.
flcation. ! consider. therefore, that the
present classification has attained the force
Of congressional enactment, and that
| change, if desired, must be sought
in congressional intervention. II how.
exer, ores of this description are imported
which are distnctiyely known M lead ores
in the legal and commercial sense they
would as such be dutiable. II is deemed
| advisable in this connection 10 enioin upon
customs Offices a strict enforcement of the
regulations of this department intended b.
correct the abuses which formerly existed
| in the methods Of entry, sampling and
classification of ores of the character men
| toned"