Fergus County argus., 1889-10-31
WINDOWS 8 DECISION.
Mexican Lead Ores to Come Into the United
States Duty Free.

WA>HINaTON. Oct. Is. Secre, ary
Window tonight made public ths
long expected lead ore decision, in
which he >ust;iin> he present classifi-
cation that admits argent ferrous lead
ORES imported from Mexico duty free
The secretary in the letter promuI-
eating he decision. which was sent to
to the customs officers today. after
recIting uniform decisions aud the
practice Of the depart mrnt with re-
spect to the classification OF those
ores since lSSO. says: The dutiable
or nOn-dutiabl- character of these
ores was the subject Oi investigation
by the judiciary committee OF the
senate, who reported ON the 9TH day
of July, 1883, in effect that ores OF
the character mcnt iOncd, namely, ore
containing more lead in weight than
ei' her gold or silver. but more gold or
SILVER than lead iu value are not. in
the Ol'lnion oi the commit tee subject
to duty under the existing law"
I'll the subject presented was n new
one and had not been the subject OF
administrative construction and for
titled by the opinion Oi the judicial
committee of the senate, ! would feel
at liberty to give greater considera-
tiOn to the weighty Arguments which
have been adduced, tending to est n .
blish a dutiable character Of all ores
Of this description cont aiming lead in
apprecIable or considerable quantity.
More so, II It had been satisfact Orily
demonstrated and IL being u fact that
since the original des.lsion OF 1880 on
this subject, congress has re-enact..l
the pre-existing provisions Of the tariff
with regard to lead ores and silver
ores, respectively. do not feel ut
liberty to set aside the existing classi-
ticatIOn.
1T must be- beas~unie,l hat the rulings
and practice of the depart ment were
known to congress when it passed the
tariff net of 1883. 1t must be held
hat the designation %! lead ore and
silver ore IN the tariff, in the absence
OF II Legislative definition. was that of
the existing decisions that congress
intended that the classitcat ion should
turn on tho quest ion of value and not
of quantity.
''It IL therefore considered that this
department is withOu, authority to
change the depart mental ar congress
ional definition of these ores, and. IN
the faith Oi which large business int cr-
ests have been established, that con
gress did not intend To impose duty
ON lead ores. but only upon sticl, ores
AS were then recognized under the
decisions of the depart inents. The
following Is sat lnred from other part, ,
oi the tariff act, IN paragraph lS6,
copper IL made duiilblc Whenever
found IN ores. In paragraph lgl
nickel j. also made dniiable Whenever
found H. ore or other crude form.
In these eases 1t l. clearly "a metal
contained IN 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
'iui liable AT the rate prescribed whcr-
ever iouna IN ore. According to the
well settled rules oi statutory con
strntion this difference in the form oi
expression must bc deemed to in.i-
cate "A different legislative lnten, and
To limit the authority of the depart
ment To impose "a duty III such eases
tn the ore itself under the existing
rule, of cla>sIliration
II consider therefore that the pr.s-
ent classification has ATTAINED the
force oi the congressional enactment
and that the change. ii desired, must
be sought in congressional interven-
tion. Ii. however. the ores of this
description are imported. which are
distincii,ely known ~ lead ores in the
legal and commercial sen-c.thcy would,
~ Such. be dutiablr. IL l. deemed
advisable IN tins connection, to cnioin
upon the Gust om> officers u strict
enforcement of the regulations Of This
department intended to correct the
abuses which formerly existed IN the
methods al the entry oi samples and
the classiticaiiOns al ores of Ia, char
actrr mentioned.