The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-11-21
PERMANENT ORGANIZATION.

commended that the temporary organization b.
continued, and the report was adopted. Chair
man Cassidy returned his thanks in u few word
recognizing that perfect unity should character
iZe all actions on this important question H
believed that If the question were properly IN
derStOOd, the vast majority of the people of thu
country would flock around the standard of thu
silver men. (ApplauSe) The silver men of the
west have it in their power to enforce any de
mands they might make, but to do this the,
must act IN unity on the subject. One grea
thing is to impress unon the silver men the
necessity OF electng the proper presiding officers
of Congress. The silver men of the west SHOULD
lay aside every difference and unite upon thi.
one question.
THE COMMITTEE ON LEAD,
through their chairman Judge Bennett, sub
mitted the following:
WHEREAS, The tariff law of 1888 provides fol-
a duty of y cents per pound on lead ore, while
ores of silver are admitted free; and
WHEREAS, The secretary of the treasury has
recently decided that lead ores, carrying silver
of greater value then the lead therein contained,
shall be claSSed as ores of silver and be ad-
mitted free of duty; and,
WHEREAS, This ruling is manifestly contrary
to both the spirit and letter of the law and must
operate to the great prejudice of the silverlead
mining interest of our country, especially the
great and growing west; therefore, be il
RESOLVED, That We call upon the executive
department OF the government to correct this
great wrong by judicial proceedings or other
to cause the duty TO be collected on lead ore in
every form, and render it certain that our great
industry may receive the protection intended
by said law of 1888, and promised Us by the poll
tical party now in control of the administration
of our government: and,
RESOLVED That the following address be and
is hereby approved, and that the same be pre-
scented TO the President and the House OF
Representatives and Senate of the United States
especially:
We, citizens of the states o. Montana, Nevada
and California, and territories of Idaho and Utah,
and representing the lead mining interests Of
those commonwealths, appeal to the President
and Congress to give relief to the great lead
mining industry, against the fatal competition
Of the peon-worked mines of Mexico
Lead mining is the support and chief source
OF prosperity OF the vast region of the mountain
west and many large districts draw their life
from II. 1t employs at living wages about fifty
thousand American miners, and directly and in
directly affords livelihood to large part of the
population OF the United States living in The
in, ermount lin region. For fifteen years past it
has furnished at an ever reducing price ninety
per cent. of the lead consumed by this country
and coming into competition with no other in
dustry, has poured yearly into the Golfers of the
nation tens of millions of dollars worth of the
precious metals which are the life-blood Of all
industries
To protect this benefcent industry Congress
enacted laws providing for duty of one and
one-half cents per pound to be levied and col
lected on foreign lead ores imported into this
III,
our mines, paying daily average wage OF So per
man, are put in direct competition with MeXi-
can and other foreign mines paying only from 20
cents to 81 per day. AS result, many Americ"n
mines have closed down, throwing tens of thou
sands Of men out of employment and others
only work on hope OF speedy relief Such re
lief was sought from the previous adminiStra-
ton without success, but after the national
election Of 1888, lead miners, relying upon the
platform of the successful party in that
election, with renewed hope again sought
relief, and expected that the protection given
by law to an industry which could produce
YEARLY 81, $4,000 worth of precious and useful
metals, would be justly enforced THE appeal
Ignored by the administration Of President
Cleve and was n ticed by the new administra
ton, and hearing set for the 18th day OF MAY
1889 of which hearing notice was given to all
parties interested.
Those gaining their livelihood from lead min
ing appeared at great cost at the hearing to give
to the treasury department conclusive evidence
that lead mining was entitled to protection
under the law, and that forign lead ores were
subject to duty. The existing rule Of the de-
partment was that when the imported ore had a
greater value sor its Silve- than for the cad con-
tents it was admitted free Of duty as silver ore.
1.-THE address then recites the various acts OF
Congress in reference TO the duty on lead ores,
from an early date up to and including the re-
cent action OF Secretary Window, and then goes
on to sayI:
The injustice OF this decision is shown by
with le dec on of the same officer
in decision g400.
The secretary was not and could not be pre-
cluded by any ruling Of his predecessor. Soil
citor OF the Treasury Hepburn, in the worsted
case, No. 9400 says:
Prior to the action complained of in this ap-
peal this class Of merchandise had been recog-
nized by customs officers as subject to duty, un-
der paragraph 1863, as "worStedS,n or as manu-
features OF worsted." ruling long persisted
In, il is contended. ought not to be changed ex-
cept for the gravest of reasons. Seemingly it is
thought by many engaged in this contention
that wrong, if hoary with age, gains such a
status that it is almost impious TO attempt its
1t has been suggested that q Reconsideration of
such as are involved in this case,
Is an alteration OF the law and that such an
alteration would bring calamity to all bust
ness, and, therefore, that such alteration -
would be criminal upon the part OF the secretary
Of the treasury.
Surely no sane person would coutend that the
or any other officer OF the government
can - alter the law Every one recognizes that
power to be vested in the Congress alone, but
IL it is made the duty of the secretary of the
treasury to supervise the execution OF the Gus
toms laws. He is charged with the duty and
Of properly executing these laws
and OF course, executing them as he understands
them.
This responsibility is imposed upon him by
his official oath and by the statutes. He is not
necessarily to execute these statutes as his
understood them, or some other
gentleman understands them, but as he under
stands them, ana lapse OF Time, IN winch an or
ror has been persisted in, is not a justification
for him when he is clearly satisfied that an err
roneous construction has been given TO the
statutes by those who have preceded him. II
an erroneous Interpretation has been given Of
the act OF March 2. 1867, or March g. 1888, quiet
will not come TO the conscience of the present
OF the law by the suggestion that
the wrong may be nearly quarter OF a century
old. When an erroneous Interpretation Is dis
covered, then is the opportune moment for It's
correction, and IL is a gross perverSlon OF
language to say that he who follows the dictates
Of conscience and an enlightened judgment as
serts what he believes to be the manifest will OF
the legislature is guilty of the rank crime OF
lsurping the functions of the legislature, ana
assuming TO make alterations in the law"
In that case. as appears by the honorable
decision, the heretofore existing
ruling has been protested and argued against TO
the department, just as in the lead ore case.
1.-THE question in the form presented by this APP
peal comes here for the first time, and is I'M
by any previous department ruling
upon it. After careful research, am unable to
find any decision of the department which can
serve as precedent for the disposition OF this
case. 1t does, however, appear from the files OF
the department that at least three times during
the past four years application has been made
IN behalf Of the domestic manufacturers
Of WOODEN cloths to the secretary OF the
treasury for instructions to the collectors OF
customs at the several ports Of entry. TO CLASSIFY
and assess duty upon importations of goods OF
this character under paragraph 362, as wooden
or 1FxrrrNG