Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-10-19

to Congress for relief.
WASHINGTON, October 1S.-The Secre-
tary of the Treasury has rendered the fol-
lowing decision regarding the proper classi-
dcation of lead and silver ores:
TREASURY DEPARTMENT.
WASHINGTON, October is. 1889.
Collectors and Other Oficers of the Customs:
L have given due consideration to the argu-
ments, both written and oral, submitted sub
sequent to the hearing at this department in
May last upon the question of proper classifca-
ton of ores containing both lead and silver.
associated with other substances, in variable
quantities and generally known as lead-silver
ores or as argentiferous ores imported from
Mexico
Upon examination find that the decision
and practice of this department have been
uniform for number of years. 1t was held
by the department under the decision dated
January a 1873 in regard to the classification
OF certain ore imported at Eagle Pass from
the Sierra Majada mines in Mexico. and which
was claimed to be entitled to free duty as silver
ore, that ''the value of the silver contained in
the ore being largely in excess of the value OF
the iron, the department is OF opinion that the
ore is entitled to entry free of duty as silver
ore."
ACCORDING TO PRECEDENT.
This decision was reafirmed In January, 1886,
predominates in value it is considered to be
silver ore, and as such is exempt from duty
under the special provision of the free list for
ores of gold and silver; where, however, lead
predominates in value the ore is considered as
a lead ore and is subject TO a duty of IL cents
per pound under the special provision in the
tariff act for lead ore and lead dross. The
question of classification, therefore, is one of
fact which can only be determined upon exam
ina:ion of the importation for the purpose of
amin hath of lvQT nro
or of lead ore, as aforesaid"
In a subsequent decision in May, 1886. re-
affirming the principle previously laid down, it
was stated that ores composed of silver and
lead and iron, or silver and lead, or silver and
other base metals, of which silver is the COM
ponent material of chief value, would, under
duty under the provisions of the free list for
ores of silver. It is immaterial IN the entry
and classification of such ores whether the
ores are imported for use as duxes in the fusion
of other metals or on account of the metals
themselves.
ores was the subject of an investigation by the
Judiciary Committee of the Senate, who re-
ported on July b 1888, in effect that ores of the
character mentioned, mainly. 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 existing law.
NOT A NEW QUESTION.
had not been the subject of administrative
construction, fortified by the opinion of the
Judiciary Committee of the Senate, would
feel at liberty to give greater consideration to
the weighty arguments which have been ad-
duced tending to establish the dutlable char
acter of all ores OF this description containing
lead in appreciable or considerable quantity,
the more so if it had been satisfactorily DEM
onstrated that these ores are not known nor
entitled to be known commercially as ores of
silver. 1t not having been SO demonstrated
and it being the fact that since the original
decision of 1880 on this subject Congress has
re-enacted the pre-exlsting provisions of the
tariff wit regard to lead ores and silver ores,
respectively, l do not feel at liberty to set
aside the existing classification.
1t must be assumed that the rulings and
practice of the department were known to Con-
gress when it passed the tariff act of 1883. 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 de-
cisions; that Congress intended the classifica-
ton should turn on the question OF value and
not of quantity. 1t is, therefore. considered
that this department is without authority to
change the departmental and Congressional
definition of these ores, and in faith of which
large business interests have been established.
INTENTION OF CONGRESS.
That Congress did not intend to impose duty
upon the lead which might be found in the
different ores, but only upon ores as we're then
recognized under the decisions of the depart
ment as lead ores, is gathered from other parts
of the tariff act: for in paragraph lS6, copper
is made dutiable whenever found in ore, and in
paragraph lyl. nickel is also dutiabe when
found in ore or other crude form. 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 refer
ence to the lead, that metal would have been
dutiable 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
a different legislative intent and to limit the
authority of the department to impose duty in
all such cases to the ore itself, under existing
rules of classification.
consider, therefore, that the present classi-
ication has attained the force of Congressional
enactment, and that change, if desired, must
be sought in Congressional Intervention. How
ever, if ores of this description are imported
which are distinctively 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 the Customs
officers 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