Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-04-10

terStAfe commerce commission, anu W
=. Atchfson. Topeka and Santa Fe Rait-
way Company ct al. agt. interstate COM
merce commission. known as the San
Francisco and Los Angeles switching
cases: Assistant Attorney General Fowler
commenced argument for the United
States on its motion to dismiss.
At 1880 court adjourned until +:
o'clock.
U. S. Court of Customs Appeals.
Present: Presiding Judge Montgomery
and Associate Judges Smith, Barber ana
De VrieS.
The following decisions were handed
No. 1911. T. X. Malouf e. Co, appel
lants. agt. United States: opinion by
Smith. associate judge. An article o,
food. prepared from wheat and USED
principally by Syrians. was imported AZ
New York and assessed for duty at -
per cent as a non-enurerated manuiac-
tured article. The importer claimed II 10
be dutiable as wheat at % cents per
bushel. The board of general APPRAISERS
sustained the collector and the decision
of the board is affirmed.
No. 229. The United States. appellant
agt. Gage Bros. & Co.: opinion by Sml.h,
associate judge. The merchandise was
silk ribbons and silk fabrics imported at
Chicago. The amount Of duty depended
upon the weight of the merchandise. ana
the importer protested that the weients
as found by the appraisers were IN eA.
cess Of the true weights. The board OF
general appraisers allowed the protest OF
the importer and the decision or the
board is reversed.
No. 2SG. United States. appellant, ast.
United Cigar Stores Company: opinion oy
was cigars imported at New York from
Smith, associate Judge. The mercnaho'se
was shipped from Manila to Hongkong III
one vessel and In the haroor OF Hons
and the latter vessel delivered them DIT
the port Of New York. and the questioil
at issue is whether that transfer or the
merchandise at Hongkong interrupted their
direct shipment: the importers claimea
that it did not and that they were there
fore free of duty; the collector OF Gus
toms. however, assessed them for dutS
the board Of general appraisers allowed
the protest Of the importer and the de-
cision of the board is affirmed.
No. 80 l.. Sonneborn Sons. Inc. APP
pellants, agt. the United States: opinion
by De Vries. associate judge. Inc nhel-
chandise was paraffin manufactured IN
and imported from the free zone In Ham
burg. Germany; the board of general ap-
praisers held the merchandise to be duti-
able under the retaliatoTy clause OF para
graph 626 of the act Of 1897 at the same
rate Of duty levied by Germany upon SIM
United States: the importers claimed 1t to
be free of duty; the decision OF the ooaro
is affirmed.
No. 427. Consolidated Kansas City
Smelling and Refining Co.. appellant, agt
the United States; opinion by Mont
gomery, presiding judge. The mef,
chandise was ore containing lead and
zinc imported at FL Paso. from Mexico.
Duty was assessed by the collector OH
both lead and zinc contained in the ore
and the importer claimed that only
the lead contained should be dutiable.
as ores were imported and smelted
merely for the lead contained therein.
The board Of general appraisers, sus-
tanned the action Of the collector. and
the decision Of the board is affirmed.
No. 422. Austin, Nichols & Co. ct al.
appellants, agt. United States: opinion
by Barber. associate judge. The ques-
ton involved is whether the value of
certain containers should be included
in the dutiable value Of the merchan-
disc, the collector having assessel
the containers for duty and the impor-
ter claiming that they were free. The
board OF general appraisers sustained
the action Of the collector. and the de-
cision Of the board is reversed.
No: Al. United States. appellant,
chandise was ink contained in stone
bottles. The collector assessed the
merchandise for duty at % per cent
including the value Of the bottles: TIT
l1upOTIeT CldJuSu lndl Tie Uoltics
should be free OF duty. The board OF
several appraisers allowed the claim Of
the importer. and the decision Of the
board is affirmed.
No. go. United States. appellant. agt
George J. Beirie & Co.: opinion by d.
Vries, associate judge. The merchandise
was barrettes composed OF base meta
set with imitation jet. They were as
sessed for duty by the collector at &
per cent as jewelry: the importer:
claimed that they were dutiable as man
.ufactures of paste at IS per cent. The
board of general appraisers allowed the
claim of the importer and the decision OF
the board Is affirmed
No. PA. Henry Tilge & Co. appellants
agt. United States: opinion by De Vries
associate judge The merchandise was
silk hat bands imported at Philadelphia
that were entered and appraised in the
latter part Of November. 1906. In the lat.
ter part of the following December the
collector called for a reappraisement. te
which the importers replied that they
had no samples. the goods had gone
into consumption. The reappraisemen,
thereupon proceeded upon certain So
called consular samples" furnished by
the United States consul at Barmen. Ger
many. The importer protested against
the reappraisement. the board Of gen.
eral appraisers sustained the reappraise-
ment and the decision Of the board Is
reversed.