St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-10-19
inc: nurse S50O. Divided.
ARGENTIFEROUs LEAD ORES
They May Be Imported From
Mexico Free OF Duty.

WASHINGTON. Oct. Is. - Secretary
Window tonight made public the long
expected lead-ore decision, in which he
SuStains the present classification that
admits argentiferous lead ores imported
from Mexico fee of duty. The secre-
tary in his letter promulgating his de-
cisiOn. which was sent to customs Off
GERS to-day, after reciting the uniform
decisions and practice of the depart
mpnt with respect to the classification
of these ores since 1880, says:
The dutiable or nOn-dutiable character Of
these ores was the subject Of an investiga-
ton by the Judiciary committee Of the sem
ate, who reported on the fifth of July, 1888,
in effect that ores of that character men
toned namely. 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. If the question pre-
scented were q new one, and had not been
the subject of administrative construction.
fortified by the opinion of the Judiciary com
mittee of the senate. would feel at liberty
to give greater consideration 10 the weighty
arguments which have been adduced, tend
ing to establish the dutiable char
acter of all ores Of this description
containing lead in apprec liable or
considerable quantity, the more so if it had
been satisfactorily demonstrated that these
ores are not known nor entitled 10 be known
commercially as ores of silver. II not having
been demonstrated, and it being the fact that
since the original decision of 1880 on this
subject. congress has re-euacted the pre-eX-
listing provisions of the tariff with regard TO
the lead ores and silver ores respectively, l
do not feel at liberty TO set aside the existing
classification II must be assumed that the
rulings and practice of the department were
known to congress when it passed the tariff
act of 1888. II must be held that the desig-
l., 4 Il -
in the absence OF legislative definition was
that of existing decisions that congress in
tended the classification should turn on the
question Of
VALUE AND NOT OF QUANTITY.
It is therefore considered that this depart
ment is without authority to change the de-
partmenlaI and congressional definition of
these ores, and in faith of which large bust
ness interests have been established. That
cougreSs did not intend to impose duty upon
the lead which might be found in the differ
ent ores, but only upon such ores as were
then recognized under the decisions Of the
department as lead ores, is gathered from
parts of the tariff act for in paragraph 1876
"copper" is made dutiable whenever found
in ore, and IN paragraph 19l nickel is also
made dutiable whenever found in ore or
in other crude forms. In these 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 reference to
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 10 indicate diff
ferent legislative intent, add to limit the
authority of the Departmental impose duty
in such shape to the ore itself under existing
ru les of classification. l consider, therefore,
that the present classification has attained
the force of the congressional enactment,
and that a change II desired, must De sought
in congressional intervention. if, however,
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 customs Of
fieers a strict enforcement of the regulations
OF this department, intended to correct
abuses which formerly existed in the meth
DDS of entry sampling and classification OF
ores of the character mentioned"