TREASURY DEPARTMENT, TO COLLECTORS OF CUSTOMS. TREASURY DEPARTMENT, Washington, D. C., December 1, 1880. The following decisions of the Department for the month of November, 1880, upon the construction to be given to acts of Congress relating to the tariff, navigation, and other subjects, are published for the information and guidance of officers of the customs and others concerned. JOHN SHERMAN, Secretary. (4691.) Common carriers-Approval of the bond of the Chicago and Grand Trunk Railway Company. TREASURY DEPARTMENT, November 2, 1880. SIR: The Department has received your letter of the 20th ultimo, transmitting the bonds, in duplicate, of the Chicago and Grand Trunk Railway Company as common carriers of appraised and unappraised merchandise in bond. The said bonds are hereby approved, and one copy of each is herewith inclosed, to be placed upon the files of your office. Under its bonds, the company named is authorized to transport appraised merchandise in bond between the ports of Port Huron, Mich., and Chicago, Ill., or to any other port or ports in the United States which have been or may be hereafter designated as ports of entry or delivery, in the following manner, viz: In suitable cars, owned or controlled by the said company, and running over such connecting lines of railroad as may be necessary to reach the port or ports of destination named in the entry and manifest in each particular case. In every nstance where other cars than those owned by the said company are used, such cars shall be distinctly marked "Chicago and Grand Trunk Railway Company." Transportation of unappraised goods in bond, under the provisions of the act approved June 10, 1880, is also authorized, under the bonds of said company, from the port of Port Huron, Mich., to the ports of Chicago, Ill.; Detroit, Mich.; St Louis, Mo.; St. Paul, Minn.; Milwaukee, Wis.; Cincinnati, Cleveland, and Toledo, Ohio; Louisville, Ky.; and San Francisco, Cal., in the following manner, viz: In suitable cars owned or controlled by said company and running over the following-named lines of railroad, viz: Grand Trunk Railway; Detroit, Grand Haven and Milwaukee Railway; Lake Shore and Michigan Southern Railway; Michigan Central Railway; Indianapolis, Peru and Chicago Railway; Louisville, New Albany and Chicago Railway; Chicago and Eastern Illinois Railway; Chicago and Western Indiana Railway; Chicago, Rock Island and Pacific Railway; Chicago and Alton Railway; Wabash, St. Louis and Pacific Railway; Chicago, Burlington and Quincy Railway; Chicago and Northwestern Railway; Chicago, Milwaukee and St. Paul Railway; Union Pacific Railway; Central Pacific Railway; Evansville and Terre Haute Railway; Missouri, Kansas and Texas Railway; Hannibal and St. Joseph Railway; St. Louis, Vandalia and Terre Haute Railway; Indianapolis and St. Louis Railway, and such other railroads as may be hereafter specially authorized and designated by the Secretary of the Treasury: Provided, that in all cases where other railroads are so authorized and designated, the consent, in writing, of the sureties on the bond shall be filed with the Secretary of the Treasury. Very respectfully, J. K. UPTON, Acting Secretary. COLLECTOR OF CUSTOMS, Port Huron, Mich. (4692.) Window-glass-Weight of. TREASURY DEPARTMENT, November 2, 1880. SIR: The Department is in receipt of your letter of the 29th ultimo, inclosing a transportation entry from St. Albans covering 500 boxes of window-glass consigned to Messrs. Semon Bache & Co., of New York. From the papers submitted, it appears that on arrival at New York five boxes of the glass comprised in the invoice were ordered to public store for examination, and that the weight thereof did not correspond with that ascertained at St. Albans and stated in the transportation entry. As boxes of window-glass vary in weight, it is understood that the discrepancy resulted from the fact that the same boxes were not weighed at the respective ports, and you recommend that where the difference in weight is not so great as to suggest a clerical error, the rewarehouse entry be liquidated at the weight ascertained at the port of first arrival. In this recommendation the Department concurs, and, there being no ground in the present case for suspecting any clerical error in the entry, you will adjust the entry at the weight stated in the transportation entry and invoice, which are herewith returned. Very respectfully, J. K. UPTON, Acting Secretary. COLLECTOR OF CUSTOMS, New York. (4693.) Robinson's corn-solvent pencils—Duty on. TREASURY DEPARTMENT, November 4, 1880. SIR: The Department is in receipt of your letter of the 30th ultimo, transmitting the appeal (8395ƒ) of Bellamy & Haley from your decision assessing duty at the rate of 50 per cent. ad valorem on certain "Robinson's corn-solvent pencils" imported into your port, per "Samaria," September 20, 1880, which the appellants claim to be dutiable at the rate of 40 per cent. ad valorem, as manufactures of glass. It appears, upon an inspection of a sample, that the articles consist of small glass tubes or pencils filled with a liquid substance and inclosed in wooden cases, which are intended for and recommended to the public as a cure for corns and warts, each case being accompanied with a label marked "Robinson's Corn-Solvent Pencil," and containing directions for use, and the name and address of the chemist who prepared the article. In the opinion of the Department, such articles come within the category of proprietary medicines. which, by Schedule M (Heyl, 1397), are dutiable at the rate of 50 per cent. ad valorem. The claim of the appellant is rejected, and your decision is affirmed. Very respectfully, COLLECTOR OF CUSTOMS, Boston, Mass. J. K. UPTON, (4694.) Steam-vessels-Re-examination of pilots for color-blindness. TREASURY DEPARTMENT, November 5, 1880. SIR: The Department has received your letter of the 28th ultimo, in which you ask that, having been rejected in your examination for a pilot's license on account of color-blindness, you may be accorded a second examination by the local inspectors. In reply, you are informed that if your.case comes within the provisions of Department Circular No. 46, 1880, a copy of which is herewith inclosed, you are entitled to appear before the local inspectors at Boston for re-examination without appeal to the Department. Otherwise the Department is not disposed to make further modification of the regulations upon this subject. Very respectfully, HORACE K. HALLETT, Esq., Boston, Mass. J. K. UPTON, Acting Secretary. (4695.) Painted glass for use in manufacture of mock-jewelry-Duty on. TREASURY DEPARTMENT, November 5, 1880. SIR: The Department is in receipt of your letter of the 13th ultimo, transmitting the appeal (8130f) of Stone & Rosenblatt from your decision assessing duty at the rate of 40 per cent. ad valorem on certain so-called "imitation stones" imported into your port, per "Rhein," March 8, 1880, which the appellants claim to be dutiable at the rate of 10 per cent. ad valorem, under the provision (Heyl, 1248) for “compositions of glass or paste * ** when not set." An inspection of samples shows that the articles consist of oblong pieces of colored glass, painted with figures representing lilies of the valley, which are intended to be manufactured into breastpins or other personal ornaments. The provision above mentioned, for "compositions of glass or paste," the Department has construed to cover only imitations of precious stones, such as diamonds, emeralds, &c., and therefore the claim of the appellants in this case must be denied. The goods being in fact "articles of glass * * painted," are 1880. Itime for a deda held to be dutiable at the rate of 40 per cent. ad valorem, under the special provision therefor (Heyl, 947) in Schedule B. Your decision is affirmed. Very respectfully, J. K. UPTON, Assistant Secretary. COLLECTOR OF CUSTOMS, New York. med ular d to ith not this (4696.) Duties cannot be collected under warehouse bond where goods have been ille gally sold. TREASURY DEPARTMENT, November 6, 1880. SIR: The Department is in receipt of your letter of the 30th ultimo, relative to the application of Mr. Augustus Floyd for relief from payment of a balance claimed to be due on a warehouse bond on which he is surety. The facts in the case appear to be that in 1872 J. C. Bailey imported into your port sixty-one barrels of paraffine-wax, which were entered for warehouse under bond 330, on which Mr. Floyd became surety. On May 9, 1872, forty-six barrels of the wax were withdrawn for exportation, and credit given on the warehouse bond accordingly. On August 5, 1874, the contents of the remaining barrels were sold at auction to realize the duties remaining due and unpaid. The proceeds of such sale, amounting to $45, not being sufficient to satisfy the bond, after deduction of the proper charges, claim has been made upon the surety on the bond for payment of the remainder apparently due. As three years from the date of importation had not then expired, the sale was not warranted by section 2971 of the Revised Statutes, nor by any other provision of law. This case seems to be analogous to that of Messrs. Cousinery & Co., decided in letter to the collector at your port on April 9, 1874, in which it was held that the claim for duties upon the goods illegally sold should not be enforced. You will, therefore, relinquish the claim for duties in this case, and cancel the bond given to secure the same. Very respectfully, H. F. FRENCH, Assistant Secretary. COLLECTOR OF CUSTOMS, New York. |