United States v. Bartram Bros.

Citations

• 131 F. 833
• 65 C.C.A. 557
• 1904 U.S. App. LEXIS 4318

Syllabus

<p>1. Customs Duties — Sugar—Polariscopic Test — Commercial Usage.</p> <p>In construing tlie provision in paragraph 209, Tariff Act July 24, 1897, c. 11, § 1, Schedule E, 30 Stat. 168 [U. S. Comp. St. 1901, p. 1647], regulating duty on sugars according to the polariscopie test, held that the expressions therein, “testing by the polariseope” and “shown by the polariscopic test,” are not used with any special trade meaning that would confine them to a particular method of conducting such test, but import an intention on the part of Congress that the method adopted should be the one best calculated to make a scientific determination.</p> <p>;2. Same — Customs Regulations — Authority of Secretary of the Treasury.</p> <p>Under the general power of the Secretary of the Treasury to make customs regulations not inconsistent with law, granted by section 251, Rev. St. U. S. [U. S. Comp. St. 1901, p. 138], it is competent for that officer to prescribe the method of “testing by the polariseope” the sugars dutiable according to such test under paragraph 209, Tariff Act July 24, 1897, c. 11, § 1, Schedule E, 30 Stat. 168 [U. S. Comp. St. 1901, p. 1647]; and so long as he acts in good faith, and it does not appear that his regulations operate to make the polariscopic test less accurate than when Congress adopted it, the courts should not interfere with the administrative details confided to him.</p> <p>3. Same — Treasury Regulations — Cognizance by Congress.</p> <p>Where, for a period of years covering the operation of several tariff acts, the Secretary of the Treasury has made regulations for carrying out certain provisions in those acts, it is to be presumed that subsequent legislation by Congress was enacted with reference to such regulations.</p>