The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1889-10-24
AT LAST MADE PUBLIC.
Secretary Window Makes a Decision
Concerning Mexican Lead Ores.


Concerning Mexican Lead Ores.
WASHINGTON. Especial. Secretary Window
made public the long-expected lead
ore decision, in which he sustains the present
classification, that admits argentiferous lead
ores imported from Mexico free of duty
The secretary in mis- letter promulgating his
decision, which was sent to customs officers
to-day, after recting the uniform decisions
and practice of the department with respect
to the classification of these ores since 1880,
says:
The dutiable or non- -dutiable character of
these was the subject OF an Investigation
by tine judiciary committee of the senate, who
reported on the 9Th OF July, 1888. in effect that
ores Of the character mentioned. 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 Ques-
tiOn presented were a new one, and had not been
tho subject of administrative construction for
titled by the opinion OF the judiciary committee
of the senate, would teel at liberty to give
greater consideration to the weiGhty arguments
which have been adduced tending to establish
the dutiabe character Of all ores OF this descrip
tion containing lead in appreciable or considera-
BILE quantity. the more 80 IL IL had been satisfac
tOrilv demonstrated that these are not
known nor entitled to be known commercially
ores of silver. 1t not having been so demon
strated, and it being the fact that since the orig
inal decision OF 1880 on this subject congress
has re-enacted the pre-existing provisions of the
tariff with regard to the lead ores aud silver ores
respectively, do not feel at liberty 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 It must
be held that the designation of lead ore and sill
yer ore in the tariff, in the absence of legislative
definition, was that of existing decisions that
congress intended the classification should turn
on tho question OF value and not of quantity. 1t
is, therefore, conside ed that This department is
without authority to change the departmental
and congressional definition Of these ores and in
faith of which large business interests have
been established. 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 decis-
ions of the department as lead ores. is gathered
from parts OF the tariff act, for in paragraph
1856 copper is made dutiable whenever found
in ore, and in paragraph 191 nickel is also
made dutiable whenever found in ore or
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
dutiabe at the rate prescribed whenever found
in ore. According to we'll settled rules of stat
uCocy construction, this difference in the form Of
expression must he deemed to indicate differ
ent legislative intent and to limit the authority
of the department to impose duty in such share
to the ore itself under exi-ting rules of classf-
cation. consider, therefore, that the present
classification has attained the force of the c. n
gressional enactment, and that a change, if de-
sired, must be sought in congressional interven-
tlOn. Ii, 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 advis-
able in this connection to enjoin upon customs
officers a strict enforcement of the regulations
of this department intended to correct abuses
samp1ng and classification of the character
mentioned