, 1889-10-24
A SEVERE BLOW
Secretary WINDOWS De-
cision On Lead Ores.
CONGRESS CAN GIVE RELIEF.
But the Department Is Unable
to Grant a Change.
A DISTINCTION WITH A DIFFERENCE.
The Reasons on Which This Opin-
ion Is Based---The Full
Text.
CONGRESS CAN GIVE RELIEF.
A DISTINCTION WITH A DIFFERENCE.

III.
dom tonight made public his long ex-
pectcd lead ore decision, in which he
sustains the present classification that
admits argentiferous lead ores imported
nom Mexico free of duty.
The secretary in letter promulgating
his decision, which was sent to customs
officers to-day, after reciting tho uni
form decisions and practice of the de
partment with respect TO the classiica-
tion of those ores since 1880, says;
'rhe dutiable or rnon-dutiable character
Of these ores was tho subject of investi-
cation by the judiciary committee of
the senate. who reported on the 9th
Of July, 1885, in effect that
ores of the character mentioned, namely,
ores containing moro lead in weight
than either gold or silver would be ad-
mitted. 1t has been established that
congress did not intend to impose a duty
upon lead which might be found in diff.
ferent ores, but only upon such ores as
were then recognized under the dcci-
sions of the department as lead ores.
Copper is made dutiable whenever found
In ore, and in paragraph l0l of the
tariff act nickel is also made dutiable
whenever found in ore or in other crude
forms.
I'm those cases it is clearly the metal
contained In the ore which is made sub
ject to duty, and had tho same form OF
expression been used in reference to lead,
that N al xvAull
the rate prescribed whenever found in
ore. According to we'll settled rules of
statuary construction, this difference in
form of expression must be deemed to
indicate n different legislative intent
and to limit the authority of the depart.
ment to impose n duty in such cases to
the ore itselfunder the existing rules of
classification. lconsider, therefore, that
the present classification has attained
the force of congressional enactment.
and that change, If desired, must be
sought in congressional Intervention.
'If however ores of this description
are imported which are distinctively
known as lead ores in the legal and com.
mercial sense, they would as such be
dutiable. 1t is deemed advisable in this
connection to enjoin upon custom
officers the strict enforcement of the
regulations of this department, which
are intended to correct abuses which
formerly existed in the methods OF
entry, sampling and classification of
ores of the character mentioned.
IL the question presented were
new ono and had not been the
subject of administrative construction,
fortified by the opinion of the judicial
committee of the senate, | would feel
at liberty to give greater consideration
to the weighty arguments which have
been adduced, tending to establish tho
dutiablc character of all ores of this de.
scription containing lead in apprcciable
or considerable quantity-more so If il
had been satisfactorily demonstrated
that these ores are not known nor en-.
titled TO be known commercially as ores
of silver.
1t not having been SO demonstrated,
and it being fact that since the origi.
nal decision of 1880 on this subject con.
gress has rc-onacted pre.existing pro-
visions of the tariff wiNf regard to lead
ores and silver ores respectively, do not
feel at liberty to set aside the existing
classification. 1t must be assumed that
the rulings and practice of the depart.
ment were known to congress when /
passed the tariff act of 1888. 1t must |
he held that the designation of lead ore !
and silver orc in the tariff, in tho ab- /
sonce of any legislative definition, was
that of existing decisions; that congress
Intended classification should turn on .
the question of value and not ofquantity.
1t is therefore considered that this de- |
partment is without authority to make /
a change.