Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1889-10-24
IMPORTANT RULING.
Secretary Window WILL Not Interfere With
the Present Importation of Mexican Ores
-Cnncreas MIST Decide the Matter.

Secretary Window Will Not Interfere With
the Present Importation of Mexican Ores
Congress Must Decide the Matter.
WASHINGTON, Oct 19.-Secretary Win
dom last nj ght made public the long-ex-
pected lead ore decision, in which he sus-
tanned the present classification. that adj
mitted argentiferous lead ores imported
rom Mexico free of duty.
The Secretary, after reciting the uni
form decisions and practice Of the depart
ment with respect to the classification Of
! these ores since 1850, says: THE dutiable
or non dutiable character of these ores
was the subject of an investiga-
ton by the Judiciary Committee of
the Senate, who reported on July
), 1885, in effect that ores OF
the character mentioned. namely: ores
containing more lead in weight than
either gold and silver. but more gold or
silver than lead in value-are not in the
opinion of the committee subj ,ct to duty
under existing law. II the question pre-
scented were a new one and had not been
the subject of administrative construc-
ton fortified by the opinion of the Ju-
! dietary Committee of the Senate. i would
feel at liberty to give greater considera-
| tion to the weighty arguments which
have been adduced, tending to estab-
lish the dutiable character Of all
ores of this description containing
lead in appreciable or considerable guam
tity, the more so if it had been satisfac-
| torily demonstrated that these ores are
not known nor entitled to be known COM
mercalIy 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-en-
/ acted the pre-existing provisions of the
tariff with regard to lead ores and silver
| ores respectively, ] 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 Congress when it passed the tariff act
! of 1888
! at 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 decisions that Congress in
| tended the classification should turn on
| the question of value and not of quantity.
| 1t is therefore considered that this depart
ment is without authority to change the
| departmental and Congressional defini-
tion of these ores, and in ia it'll of which
/ large business interests have been estab-
| liShed.
THAT Congress did not intend to impose
duty upon the lead which might be found
/ in the different ores but only upon such
ores as were then recognized under the
decisions of the department as lead ores,
is gathered from the other parts OF the
tariff acts. for in paragraph 1sG copper
| is made dutiable whenever found in ore,
and in paragraph 1871 nickel is also made
/ bla q, in ore or other
crude FORMS 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 reference
| to lead that metal would have been duti-
able at the rate prescribed whenever
| found in ore.
According to we'll settled rules OF
statutory construction this difference in
the form of expression must be deemed to
| indicate a fferent legislative intent and
to limit the authority of the department
to impose duty in such cases to the ore
| itself under existing rules of classified
ton. 1 consider. therefore. that the pres
| ent classificat ton has attained the force
| of Congressional enactment, and thai
| a change, if desired, NUT be
| sought in Congressional Intervention
| If. however, ores of this description
are imported, which are distinctly known
as lead ores in the legal and commercial
sense they would as such be du;iable. II
| is deemed advisable in this connection tC
| enjoin upon customs officers strict en-
| forcement of the regulations of this de-
| partment intended to correct abuses which
| formerly existed in the methods CT entry,
sampling and classification of ores Of the
| charnctpr mentiOnai "