The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-04-30
MILLIONS SAVED BY A WORD.
Judge Dallas Definition of "Chief
Use" in the Tariff Law.

Millions Of dollars, il is confidently as
serted by the officers Of the department Of
Justice, will be saved to the Government by
the charge made To the jury by Judge
Dallas in the celebrated hat trimmings test
case which was decided in favor OF the
Government a few days ago by a jury in
Philadelphia. Not only wili the effect be to
prevent refunds in hat trimming claims now
pending and amounting TO about $50, o0O,-
600, but the Government Will he Justinedin
refusing refunds in other cases where the
use of the article is in question in connec-
ton with its valuation FOX duitable purposes.
The Department Of Justice has been en-
deavoring for some time to secure a legal
definition OF the term Of chief use en-
ployed especially in the tariff bill OF 1888
to guide collectors in assessing duty on an
article, and since that time to some extent
in other tariff measures Judge Dallas has
given that definition in his charge. Officials
of the department say, and its publication
will be of interest to importers. 1t reads:
Any article which is chiefly used for
millinery purposes is a millinery article;
otherwise it is not. The chief use in this
is vague and uncertain term, and conse-
quently still another question confronts
US How is chief use to be ascertained?
To this final question L make the reply
which the several deliveranCeS of the SUI
pTeme Court on the subject, when consid-
cred together ana applied to this case, seem
to me to require And that is that chief
use is that which is commonly, practically
and generally done, and is not TO lie over
thrown by occasional or exceptional use;
but no use, though common, practical
or general can rightly he regarded as the
chief one, if, i'll fact, there was not any
other use which was not occasional or cx-
Ceptional, but was common, practical and
general IL there were an ordinary use
and also an extraordinary use the former
and not the latter is the chief use " The
hat trimmings case was won by Assistant
Attorney General Whitney.
Speaking of the effect Of the judges
charge, Mr.. Whitney said: 1.-The charge
of the court, if sustained. win defeat all
claims for refund in the case Of any article
which has common, practical and general
use for any other purpose than trimming
hats, although it might be used more for
trimming hats than for all other purposes.
It is believed that the ruling, therefore,
defeats nearly all of the hat trimmings
claims, and that the refund which the
Government viii have to make Will be
comparatively small. The rule laid down
by Judge Dallas is also of interest because
il applies to all of large number of ca SEES
in tariff laws which depend on the Ques-
ton Of chief use For instance, there are
$500 articles which are dutidble as
medicinal preparations when their chief
use is for medicine. It has been claimed
by the importers for many years in the
hat trimmings cases that they had a right
TO refund whenever they could prove that
the article in question was used more for
trimming hats than for any other single
purpose, and it is on this theory that
large number of claims were presented
against the Government