The Bolivar bulletin. (Bolivar, Tenn.) 1888-1946, 1889-10-25
IMPORTANT RULING.

Secretary Window Will Not Interfere with
the Present Importation of Mexican Ores
Congress Must Decide the Matter.
WASHINGTON, Oct. 19-Secretary VIM
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 recfting the uni
form decisions and practice of the depart
men, with respect to the classification Of
these ores since 1880, says: ''The dutiable
or nom dutiable character of These ores
was the subject of an investiga-
tion by the Judiciary Committee OF
the Senate, who reported on July
8, 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 subject to duty
under existing law. If the question pre-
sented were a new one and had not been
the subject of administrative constrU.c-
tion fortified by the opinion of the Ju-
dietary Committee of the Senate. l would
feel at liberty to give greater cOnsidera-
tion to the weighty arguments which
have been adduced, tending to eststb-
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
mercially 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 1883.
''It 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 Co ngress 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 def1ni-
tion of these ores, and in ia ith 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,
tariff acts, 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 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 fferent legislative intent and
| 40 limit the authority of the department
| 10 impose duty in such cases to the ore
| itself under existing rules of classifica-
| tiOn. I consider. therefore. that the pres
| ent classified tion has attained the force
| OF Congressional enactment, and that
a change, if desired, must be
sought in Congressional Intervention.
| Il however, ores of this description
| are mPorted, which are distinctly known
as lead ores in the legal and commercial
! sense, they would a s such be dutiables Il
! rs deemed advisable in this connection tC
enjoin upon customs officers a strict en-
| fOrcement of the regulations of this de-
| partment intended to correct abuses which
| formerly existed in the methods of entry,
| sampIing and classification of ores of the
| character mentioned