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


Concerning Mexican Lead Ores.
WASHINGTON, s5peo al Secretary Window
made public the long expected lead
ore decision, in which he sustains the present
classification, that admitH argentiterous lead
ores imported from Mexico free of duty.
The secretary i'll his letter promulgating his
decision, which was sent to customs officers
to-day, after reciting tho uniform decifiOns
and practice of the department with respect
to the classification of these ores since 1880,
says:
The dutiable or non-dutiable character Of
these ores the subject of investigation
10y tine Judiciary committee of the senate, who
reported on the 5th OF July, 1883. in effect that
ores of the character mentioned. namely, y
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-
ton presented were 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 dutable character OF all ores OF this descrIp
uon containing lead i'll appreciate or cOnsidera-
BILE quantity. the more If IL had been BA.isfaC-
tOriIY demonstrated that these ores are not
known nor entitled to be known commercially
as ores OF silver. 1t not having been so demon
Strated and II being the fact that since the orig
inal decision OF 1880 on this subject congress
has rc-enacted the pre-ex StinG provisions OF the
tariff with regard to the lead ores aud silver ores
respectively, do not feel at liberty to aside
the existing classification. II must be assumed
that the rulings and practice OF the department
WERE KNOWN TO CONGRESS
when it passed the tariff act OF 1888. 1t must
be held that the designation of lead ore and sill
in the tariff, in the absence of legislative
definition, that Of existing decisions that
congress intended the classification should turn
on the question OF value and not of Quantitv 1t
is, therefore, conside ed that his department IS
without authority to change the departmental
and confessional definition Of these ores arc in
faith of which large business interests have
been established. That congress did not intend
to impose a dutY upon the lead which might be
found in the different ores, but only upon such
were then reCOgniZ ed under the deCi$-
from parts OF the tariff act for in paragraph
1~6 copper Is made dCtiaDla whenever found
i'll ore, and in paragraph 191 nickel" is also
made dutlable whenever found i'll 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
utO-y construction, this difference in the form OF
expression must lie deemed to indicate differ
cnt legislative intent, and to limit the au. nUrty
of the department to ilnI Ose duty in such shay G
to the ore itself under exiting rules of Classit-
cation. | consider therefore, that the present
classification has attained the force of the C, n
gresslOnal enactment. and tNat change, if de-
sired, must be sought in congressional interven-
ton. II, however, ores of this description are
imported which distinctivcly 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 abus es
which formerly existed in the methods of entry,
samptng and classification Of the character
mentioned.