The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-10-19
LEAD ORES ENTER FREE
BE ~ay- That h Amy Relief ts Wanted.
SonGre.. ~ Wst ss~ Asked Tn Change
the Gaw-Hts lD~rt.iDa
I'm Full.

wAsHISGToN. Oct- IL. Secretary Win
dom Tonight made. public his long cx-
pectcd lead ore decision. i'm which he s,is-
taius the present classification which adj
niits argentifcrsnIs lead ores imported from
Mexico frrc of duty. The secretary i'm "a
letter promutg tgating the decision which was
sent tn the customs officers to-day, after
rsritirig the uniform decisions and prat.-
iccs of the department with respect to the.
classification OF these ores since is>o,says:
"Th'' dutiablc or uoii-slItiable character
OF these ores was the subject of investigs-
tion by "a committee of the senate who re-
ported on the 5th Of July. lsss, i'm effect
that ores Of the character mentioned.
namely ores containing more
lead in weight than either
gold silver, but more gold ar silver
than lead i'm value are not, i'm the opinion
of the committees, subject tn duty under
the existing law. II the question pre-
sentcd were ~ new and had not been
the subject of administrative construction
fortified by the opinion OF the judicial
committee OF the senate. I would feel at
liberty tn give greater consideration to the
wciRfIty arguments which have lcen adj
tlucetl, tending To establish, the siutisatls,
character of all ores of this description
containing lead in appsscabie or cousisi-
satisfactorily demonstrated that these
orcs are not known nor en-
titled to be known commercially
been so demonstrated aud il being tI,s.
fact that since. ths. original siccisio., uf
lssO on the subject, congrcss has rs-
enacted pIs.-cxistinH provisions of tariff
with regard to lead and silver ores re-
! spectivcly, I do not feel at liberty To set
aside the existing classification.
ut must bc assumed that the. rulings
| ana practice at the department were
known to s,onercss when il PASSED the
| tariff act at fSSs IL must t,s, held that the
| designation of lead ore and silver ore in
| the tariff in the absence of IA Legislative
| sicnnition was that Of existing siccision.-
| that congress intended the classification
| should turn ON the question of value aud
| not of quantity. Ii IL therefore consisi-
| cred that this department is without
| authority To change the departmental and
| congressional definition of thcs" or.'s and
have been established. That congress
| dill not intend to inI'os., a duty upon lead
| which might bc found i'm different ores,
| ''rt only upon such ores then rs',.-
| ognizcd under the dcrisions of tiis depart
| u"nt as lead ores. * gathered from other
| parts of the tariff act. for in paragraph
| l~i copper is made sIutialple whenever
| found in ore. and in paragraph l9l nickel
| il also mad" .iutiahl" whenever found in
| ore or in other cru,i" forrnc. In these
| cases il IL clearly metal contained in ore.
| which is made subject Ia duty, and
been used in rcfcrnc. to lead that
metal would have been duti.,bir
at the rate prescribed whenever found in
ore. According tn the well settled rules
| of statute construction this difference in
| form of expression must ips. deemed to i'm
dictate different Legislative intent. and tu
| impose "A duty i'm such eases to tho ore
| itself under existing rules OF classiiica.
| ton. i consider, therefore, that the pres.
| cnt classification has attained force al
| congressional enactncnt. and that n
change IL desired must La sought in con.
| grcssioIlal Intervention. II, however, ores
| of this description arr. imported which ar,
iistinctivcly known a. lead ores. i'm the
legal and commercial sense. they wo,il,
as such irr dutiablc. Ii il deemed aslvisa-
BILE in this connection tn cnjoin upon Gus.
toms officers ths. strict enforcement of the
regulations of this department intended
To correct abuses which formerly exists.,
in the methods OF entry, samI,ling and
classi sification OF ores of tn. character
mentioned"