The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-11-21

sage of the tariff act of 1888 was the basis OF the
opinion of the Judiciary committee OF the Sen
ate, and there having been no such construction,
the opinion OF that committee made under mis-
take of fact on false statement from department
and without other evidence becomes OF no
weight Notwithstanding the pre- eminent legal
standing of the members OF the committee.
The attempt by q treasury department un-
friendly to protection to mislead the Judiciary
committee, by statement that lead ores con-
tanning silver OF greater value than the lead,
were known to the department as ores OF silver,
where the only instruction heretofore gwen
was on an import OF an iron hematlte ore con
tanning tfty-four ounces OF silver and no lead,
should not be allowed TO succeed under an al
miaiStration elected as the champion Of protec-
ton for American industries.
In the case of that import the silver was the
only value saved, the iron was LOST in reducti'
and did not come into competition as iron with
the protected iron industry.
Nor is there any weight in the claim OF the
honorable secretary that 1t was not demon
strated that the in question are not known
nor entitled to be known commercially as ores
of silver"
The proof was overwhelming that these ores
were commercially known as lead ores, and not
as ''ores of silver" But even if it had only been
shown that they were commercially known as
lead ores they would, under the ''slmilltude
clause" Sec. 3i99, be dutiabe even If they could
also be claSSed as ''oreS of silver"
This clause is invoked by the honorable Secre
tary in decision 900, Duty ON worsted cloths. =
Why did he moi also apply it in the case Of lead
ores!
The honorable solicitor OF the treasury in
case $40 above referred to. mentions the well
known rule Of construction that the parts q
| the statute shall be construed, If possible, as
that the whole OF It may be given a reasonable
operation
This rule was invoked in behalf of lead ores,
| and it was plainly shown that the construction
commended for by The lmDOrte IS would pl actlcally
| nulify the statute fixing duty upon lead ores
while the construction urged IN behalf OF Amer
can ore producers, would enforce that statute
and still allow ores of silver 10 come in free
Nor is there more validity to the argument
that because of the provisions of the statute
with regard to contained metals" these ores
should be admitted free. The lead is not a con
Uained metal, it is the chief mass and dlStin-
gushing characteristic OF the ore, noticeable at
once by inspection and touch. Tine contained
metal is The silver, which can only be ascer-
tanned by assay. Just as in the case of iron
ores they remain iron ores though containing q
greater value in copper and in addition to the
duty as iron ore must pay duty on the con-
tanned copper. Lead corresponds 10 the iron,
the silver TO the contained col per.
The fuller argument of the points here briefly
stated is contained in the briefs hele ,ofCre sub
mitted to the honorable secretary of the treas
ury, which are herewith transmitted, and to
which We call YOUR attention and ask your care
fuI consideration.
We also call attention to the letter OF Ros-
sitter w Raymond, contained in the Engineering
and M3jRJ Journal, also herewith trans
mitted. 8.
In the worsted decision, case G, 400, the secre-
tary says: There is certainly room for very seri-
Gus contention that the goods in question should
be classified under paragraph 302 as well as $50,
and in such cases it would seem to be the duty
of the revenue officers to impose the higher
rate. 1t is only in this way that in doubtful or
balanced cases a judicial construction can be
had. The government cannot apply to the
courts for an Interpretation OF the law, but the
importer can, if he deems the rate OF duty i'm
posed excessive or unlawful
1t was strongly urged upon the secretary to
nnrllV this and the iU1nOrf
test, appeal AMI smt and thus get judicial
cJnstrI ction We appeal to the admin stration
TO now lake this course, or to provide means for
bringing the matter before the courts for adjudi-
cation and respectfully ask that you recommend
10 Congress resolution in each house constru-
ing the law.
Col. Wall thought that the report should be
Invested of all nOlitlcaI reflection, either upon
the adminiStr; ton OF President Cleveland or
upon the treasury department Any proceed
ings that were taken should be entirely upon
business proposition, and that only 1t was
matter in which politics did not enter.
Mr.. Gallagher thought there was nothing in the
report that was not borne out by facts.
Col. Wall did not understand that the Cleve-
la d admin stration had denie any hearing on
the maLIer, and the chairman OF the committee
on lead was asked TO re-read that portion of the
report
Mr.. James said the question which Mr.. Wall
raised was confined 10 the record, and it should
not be made otherwise. The record should be
left exactly as it stands
Mr.. Bennett then re-read the Objectionable
lines. 1.-The appeal ignored by President Cleve-
land"
Col Wall insisted that the appeal was not
ignored.
Mr.. Bennett understood the appeal to Con
gress was ignored. He did not wish to enter
into any political discussion he said, and cussed
his own party for its action in the matter to
far greater degree than he did the Democratic
party.
Mr. Holden wanted it distinctly understood
that he was as much interested as anybody, but
he desired that the address reach those for
whom il was intended in the best possible form.
To be worth anything to be effective, the ad-
dress must be vigorous. AS 1t was now, the ad
dress is entirely too general in its nature; it
should be more specific. He said the law
passed in 1883 was protective tariff, and the
original fault in the matter laid with those who
were in power at that time. The facts presented
In this report were all right; no one wanted to
make it a question OF politics. 1t was work that
was wanted We have got 10 go into Congress
and show that we have political power in these
western states and territories. The address
should speak in an unerring voice.
Judge Goodwin was of the opinion that this
was a good time to jab both administrations.
(Applausel Mr.. Window forgot that he was a
stakeholder in the Mexican railway and that his
friends were big stockholders in the Mexican
mines, and gave the people OF the west hear
ing, but that is all it amounted to. We are
Democrats and Republicans here, it is true but
in the silver or lead questions we should be a
unit. l object to the idea that we should in
struct the President what he ought to do. Our
Democratic friends have no reason to complain
OF their record when it is pulled on them. l
Mr.. Randall of Idaho, thought before the re-
port was adopted all should have q chance
to talk to it. He had worked mines IN Mex
leo, where the poems received from 25c. to 35c a
day. In Idaho, the miners were paid from 53 10
II per day. When we can feed and clothe our
miners on IS cents a day, we can compete with
the peon labor OF Mexico, because our miners
are worth more than they are. If we do not get
some relief from Congress, there are thousands
OF miners III. my territory who will be compelled
to seek some other means.
Colonel Wall offe red an amendment to the ad-
dress, demanding that Congress should instruct
the secretary Of the treasury 10 so revise his
of the tariff law that all ores going
over 10 per cent. lead would be subject to duty
J Mr.. Galigher-ln that case we would find that
there was not an ore in Mexico that went over
10 per cent. lead q daughter and applause.)
All lead should pay Il duty. (ApplauSe).
Mr.. Bennett-'rhe quest On of the construction
Of the law is entirely within the power Of Con
gress. 1t can be reached by joint resolution,
without opening up the whole question of tariff.
The amendment offered by Colonel Wall was
defeated.
Mr.. Holden still insisted that there were not
enough facts set up in the address. We under
stand the matter, of course he said, and because
d this we are possibly inclined to the belief that
everyone else does. The extent of our great in
1ustry should be more fully shown up, and facts
and figures gwen.
MI JdHleS Teulluueu Tue gentleman tlaI sew
7ral very valuable statistical reports accompa
MED the address. These would show the magni-
tude OF the mining industry of the west.
Mr.. Gallagher thought the idea was that the ad
dress should be made rs concise as possible, in
order to attract attention.
Judge Bennett thought the address should not
be burdened down by facts; but it could and
would be reinforced by facts and figures nj a
later day. If the address to the President is to
bring down all the facts in the case then the
meeting had better be adjourned for week or
more. Facts would be submitted to the com
nittee later, of course.
The report was adopted, there being but a
solitary ''no''-Colonel Wall.
THE COMMITTEE ON SILVER
a series OF resolutions, which brought
)ut considerable discussion.