New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28

no quorum present when 1T was voted OIL '"'
Plat defended Speaker Reeds ruling that quorum
wa, present at the time. although all the Democrats
abstained from voting The Judge. however. ala hot
refer TO this argumen: in giving his decision.
Mr. smith conteudcd that the secretary Of the
Treasury could not leave entirely to his subordnateS
question, calling into requsition judgment aud
knowledge when Congress expressly directed him TO
make decision. Judge Lacombc decided against the
Government. giving the following opinion:
There Is nothing the face OF this act indicating
that il Is intended 10 repeal IN way 10 alter
any act imposing customs duties. 1t i, commended
here that in the existing STAKE Of affairs when TINS
at was passed IN the former statutes, III ule uc-
clsOns Of the courts and In the debates OF Congress VIC
may lind sufficient to warrant the conclusion that IL
was the intention Of Congress by the passage OF thl5
act 70 deal with the question OF the duty To be iild
upon goods such rs are imported here. .onseulnS
that for the purposes Of this argument only and IL ~
only for the purposes OF The argument that am pre-
pared cOncede that propoSition), let us see WIN
what machinery they undertake 70 carry out that in
tent. There already existed an elaborate ana "ch
considered scheme for apprai,ns and clsanyihe ia
ported articles. by means OF appraiser, ana onrt
subordnates, who made examinations ana rcpo.eo
touching the component materials and values OF soous
and by means Of local officers in the respective P9a'
where the goods came. who made their own ca-snctd
ton, relating 10 them and there had been haInmereu
ont a sufficient scheme. which had been in force lor
many years. with the intention of determining Dy inc
faithful just impartial and truthful a,ceralIient n.y. 3i
according To Such lacts as were nus n,ci tInrrv
IhiS act, however, provides an entirely noTed teon
conformity to The facts. IL authorizes AN omcer oi
the Government who may find an import u be III Iact
article which under the tariff laws pays one iate Oh
duty call il something else whCn Is not III orue
enable the reviewing officers to levy upon rate
Of duty which that other article which 1t = n9t Fay:
Now this Is very extraordinary species OF legislation
and there is why We should be surprised "
ind that COngrcS, conded the exercise OF nose
peculiar functions to "A very high officer OF the Govern
mcnt. When Congress has expressly cDnhned tlaJ
exercise. IL has by the language OF tins ACT 10 INC
secretary Of the Treasury, | do not THINK thti INC
court, warranted In finding that power ~ any oter
officer. | do not mean by that to suggest Tor one
moment that under the phrascoogy Of this act II Is the
DUTY Of the secretary Of the Treasury himself to tN
anime the packages Of goods, to handle ana 10 lcci
their contents; but, having been Informed and advised
a 10 the facts i'm ie same In which he Is IN
formed and advised upon any facts upon which he Is
required 10 pass, by the examination OF such trust
worthy SubOrlinatcs he may select, the final de-
termination Of the duty to be laid upon the particular
article is one To he made by him. The return here
distinctly finds fact that he reached such con-
porainns her, involved. For that reason think that
his action cannot be sustained. The decision Of the
Board OF General Appraisers therefore in this is
reversed.
The Dngley Act was superseded by the Mckinley
Act. the decision applies only to worstcds imported
between May . and october !. $500 The Will
probably y" taken To the supreme Court. AZ tho
Secretary ~ the Treasury did not personally classify
any Of the W1r,odS imported in that time. the dc
ci,on II not ed. VIII compel the Government 10
give rebate of 10 cents pound all goods which
duty was levied under the Dinscy Act.