The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-15
An IMPORTANT ACTION
An Appeal to Be Taken in the
Copper Matte Import Case.
A NEW JUDICIAL DISTRICT
Senator Teller's Bill Will Be vigorously
Pushed-Opposition From St. Louis
and 81. Paul - Reclamation
OF Arid Lands.
Washington Bureau OF the standard, !
No. has e. street ~. w.

Washington. Dec. l0.-The treasury
department has taken important action
in regard to a recent decision Of the
board of general appraisers. in which
81 was held that an Importation Of So
called copper matte made by the Phil
adelphia Smelling and Refining COM
pany was entitled TO free entry under par
agraph 534 OF the free list of the Ding
ley act. The department is not willing
20 accept this decision and has directed
The surveyor of customs at Denver TO
take an appeal TO the courts. The posi-
tion Of the department. which viii be
made the basis of this appeal, is stated
in the following extract from the letter
written by Assistant Secretary Howell
10 the surveyor:
The Importation consisted Of three
lots containing respectively 2N66. Poo
and 25.16 per cent. Of lead and 3d..
1894 and 33.40 per cent. Of copper. Tn
der said Instructions. duty was assessed
on the Importation at the rate ~ lla
cents per pound on the lead contained
therein under paragraph Isl by NiitGe
Of the similitude clause, section 'f
the act of July "A, 1897, which provide
That each n every Imported ar
ticle. not enumerated in this act. which
IS similar, either In material, Quality.
texture. or the use 10 wlIcn IL may be
applied, TO any article enumerated IN
this act as chargeable with duty, shall
pay the same rate Of duty which Is
levied on the enumerated article which
st most resembles in any Of the par
ticulars before mentioned
THE board In passing on this case
holds that the importation In question
IS in fact copper regulus within the
. "a ~ f.an
list. and that IL is. therefore, entitled
20 free entry. In regard thereto. ] have
20 inform you that this department
does not concede the correctness OF the
conclusions reached by the board in
this matter. The term matte as gem
orally defined. Is understood to he a
metaliurgical product containing detn-
ite proportions of sulphur. obtained in
the smelling Of sulphide ores, especial
ly copper. The term 'regulus' Is defined
TO be the metallic mass. formed during
certain metallurgical operations. which
separates and sinks to the bottom Of
the vessel when the melten mate Is
tapped from the furnace.
I'm the production of a very pure
copper. known TO the trade as best Sc
lected.' there is obtained what is known
as copper bottoms These contain
sulphur only as an impurity and not In
combination i'm definite chemical pro-
portions. as in the case Of matte
These bottoms have been FOR many
years scientifically known under the
name of copper regulus. By reference
TO paragraph 53i OF the free list Of the
act OF July "A. 1897, 1t viii be observed
tina a specific enumeration is made for
copper. black or coarse Upper. and
copper cement all Of which are Iure or
practically pure metallic products con-
tanning no sulphur. except in very
small percentages. and present only as
an impurity. Taking into consideration
the fact that the term matte Is genCr-
ally understood to be the product OH
tanned in smelling sulphide ores, this
product containing sulphur combined
with the metals I'm definite chemical
proportions. and that the term 'regulus'
in its scientific sense Is understood 10
cover a metallic mass containing sui
phur only as an impurity and In very
small percentages. and taking into cun-
sideration the further fact that the
terms copper. black or coarse copper,
and copper cement as appearing IN
paragraph 53i. are metallic products
containing no sulphur. except as an i'm
purity. II Is the opinion OF his depart
ment that by the well known rule Of
noscitur a sociis. II must be presumed
hat II was the Intention Of ngr 10
exclude from the provisions Of said
paragraph 534 products consisting Of
copper and lead combined IN definite
chemical proportions with sulphur.
This view Is further strengthened by
the fact that congress, in paragraphs
Isl and iS2 Of the act OF July "a. 1897.
has enacted special provisions for
lead in all shapes or forms whatsoever,
which must be held To include a product
containing from % TO 2S per cent. Of
metallic lead. as in this case. - per
cent Of which Is admitted by the i'm
porter to be recoverable and available
for domestic consumption.
"Fo the reasons stated, the depart
ment adheres to the conclusion
reached. and you are hereby dire Oh f0
file an application for review e tn
decision OF the board of yenrrl' rr-
praisers. in accordance with the Tr0-
visions OF section Is of the act Of upa
10. 1890. in order that the matter may