The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-10-19
WINDOWS DECISION
On the Admission of Lead Ores
Free Of Duty.
HE FOLLOWS HIS PREDECESSORS
George Law Kent's Career Of Debauch and Dis
slpation-Annual Report of the
Pension Burean.

WASHINGTON, Oct. 1S.-Secretary Win
dom tonight made public his long expected
| lead ore decision, in which he sustains the
present classification that admits argen-
tiferous lead ores imported from Mexico
free of duty The secretary in his letter
promulgating that decision, which was sent
to the customs officers today, after reciting
the uniform decisions and practice OF the
department with respect to the classified
ton of those ores since 1850 says:
The dutiable or nondutiable character OF
these ores was the subject OF investigation by
| the judiciary committee of the Senate, who re-
ported on the 9th of July 1888 in effect that ores
of the character mentioned, namely, ores con-
| tanning more lead in weight than either gold or
silver, but more gold or silver than lead III value,
are not in the opin. on of the committee, subject
| to duty under the existing law. If the question
presented was new one and had not been
subject of administrative construction fortified
| by the opinion of the Judicial committee OF the
| Senate, l would feel at liberty to give greater
consideration to the weighty arguments
which have been adduced tending to
establish the dutiable character OF all
ores of this description containing lead IN ap
preciable or considerable quantity but more so
| If il had been satisfactorily demonstrated that
these ores are not known, nor entitled TO be
known commercially as ores OF silver. 1t not
having been SO demonstrated, and II being
fact that since the original decision OF lSSO on
this subject Congress has re-enacted the pre-
| existing provisions of the tariff with regard TO
lead ores and silver ores, respectively do not
feel at liberty to set aside existing
classifcations 1t must be assumed that the
ruling and practice of the department were
known TO Congress when ii passed the tariff act
of 1888. 1t must be held that the designation OF
lead ore and silver ore in the tariff, in the alb
sence OF any Legislative definition, was that of
the existing decisions and that Congress in
tended that the classification should turn on the
question OF value and not of quantity. II IS
| therefore considered that this department Is
without authority to change the departmental
and Congressional definition of these ores, and
in the faith of which large business In
terestS have been established. That Congress
did not intend to impose duty on lead
which might be found in difference
OF ores. but only on such ores as are recognized
under the decision OF the department as lead
ores is gathered from other parts of the tariff
act, for in paragraph 1S6copper is made dutiable
whenever found in ore, and in paragraph lHl
nickel is also made dutiable whenever found
in ore or in other crcde FORMS
In those cases il is clearly metal contained IN
ore which is made subject to a duty, and had the
same form of expression been made in regard to
lead that metal would be dutlable at the rates
prescribed whenever found in ore. According
to the well settled rules Of statutory construc-
ton. this difference in the form of expression
must be deemed to indicate different leglSla'
tive int l. and 10 limit the authority OF the de
partment TO impose duty in such cases to one
itself.
Under the existing rules of classification,
consider, therefore. that the present claSsllica
ton has attained the force of congressional ca
actment, and that a change if desired, must be
sought in congressional intervention. Ii, how
ever. ores Of this description are imported
which are distinctively known Us lead
ores in the legal and commercial sense,
they would be. us such, dUtiable. II is
deemed advisable in this connection to enjOin
upon the customs officer strict enforcement Of
the regulations of this department intended To
correct abuses which formerly existed in the
methods Of entry, sampling and Classification Of
ores OF the character mentioned