(4712.) Contracts-Insolvency of contractor does not affect rights of United States under. TREASURY DEPARTMENT, November 30, 1880. SIR: The Department is in receipt of a communication from Surgeon Edmund J. Doering, of the United States Marine-Hospital Service, inclosing an advertisement, from which it appears that Winthrop C. Cobb, a contractor for furnishing provisions to the United States marine hospital near Portland, Me., has failed in business, and requesting information as to whether the bills shall be made out in the name of the contractor or in that of the assignee appointed for the benefit of his creditors. The matter has been referred to the Solicitor of the Treasury, who decided, under date of November 27, 1880, that the rights of the United States under the contract "are not affected by the insolvency of Cobb, who, notwithstanding, is competent to fulfill his engagement, and that if he is not in a condition to comply with the terms of his undertaking, then the Government has a right of action on the bond executed by him and his sureties," and, therefore, that the bills should be made out in the name of the contractor, and not in that of the assignee. The Solicitor's decision is hereby affirmed, and you are authorized to pay the certified bills of the contractor the same as if he were not insolvent. Very respectfully, H. F. FRENCH, Assistant Secretary. COLLECTOR OF CUSTOMS, Portland, Me. TREASURY DEPARTMENT, } TO COLLECTORS OF CUSTOMS. TREASURY DEPARTMENT, Washington, D. C., January 3, 1881. The following decisions of the Department for the month of December, 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. [Omitted from November Decisions.] (4713.) Fees-Medical examination of persons on vessels of United States bound from foreign to domestic ports. TREASURY DEPARTMENT, November 29, 1880. SIR: Your letter of the instant is received, in relation to a proposed schedule of fees to be substituted for the fee of twenty-five (25) cents for each person, established by Department letter to you of September 1, 1879, for the medical examination of persons on vessels in foreign ports about to sail for ports in the United States. You state that you are directed by the Executive Committee of the National Board of Health to say that, in its opinion, the proposed schedule is just and equitable, and will doubtless secure in each case an amount adequate to the expense incurred. The Department, therefore, directs that the letter of September 1, 1879, be so far modified as to prescribe fees for the personal examination authorized by the "act to prevent the introduction of contagious or infectious diseases into the United States," approved June 2, 1879, as follows: Fees for medical examination of persons on vessels bound from foreign ports to ports in the United States: For fifty persons and under....... From fifty to one hundred persons, for each ten additional persons or less .... Over one hundred, at the rate of $5 for each additional hundred persons. $5.00 1 00 In the cases which have arisen at the port of Kanagawa, Japan, the fees will be adjusted and settled on the basis of the above schedule. Very respectfully, Hon. J. L. CABELL, JOHN SHERMAN, Secretary. President National Board of Health, Washington, D. C. [Omitted from November Decisions.] (4714.) Free entry-Buhrstones. TREASURY DEPARTMENT, November 30, 1880. SIR: The Department is in receipt of a communication, dated the 15th instant, from the United States attorney at New York, in which he reports the trial of the case (N. S., 2961) of W. S. Livingston et al. vs. C. A. Arthur, which involved the question as to the dutiable or non-dutiable character of certain buhrstones, described as "pieces or segments stuck together in the form of millstones, and bound with iron hoops." These stones, imported in the year 1873, and since, were claimed by the plaintiffs to be exempt from duty, under the provision in section 22 of the act of July 14, 1870 (Heyl, 631), (now Heyl, 1527), in the "free-list," for "buhrstones in blocks, rough or manufactured, and not bound up into millstones," while they were classified by the officers of the customs as "buhrstones manufactured or bound up into millstones" (Heyl, 86 and 1223), at a duty of 20 per cent. ad valorem. The United States attorney reports that on the trial it was proved that the said stones were unmanufactured, and that the edge-bands were used only for protection of the goods during the voyage of importation, and were taken off and not replaced; whereupon the court, following the decision in the case of Carey vs. Arthur (Synopsis 5048), directed the jury to find a verdict for the plaintiffs, thus sustaining their claim that the stones were exempt from duty. The United States attorney recommends a concurrence in the judgment, and, the United States AttorneyGeneral, to whom the matter was referred, advises acquiescence, and that no writ of error be sued out. The Department, therefore, adopting these recommendations, hereby authorizes you to take the necessary steps for the payment of such judgment, and of all similar claims now pending at your port, where the requirements of law as to protest, appeal, and institution of suit, were fully complied with. TREASURY DEPARTMENT, December 3, 1880. SIR: This Department is informed by the United States district attorney at New York that the case of Miles vs. Arthur (N. S., 5501) has been tried, and that a verdict was given for the plaintiff. The suit was brought for the recovery of an alleged excess of duties levied on certain so-called pith hats covered with worsted cloth, stated to be valued at about 35 per cent. of the value of all the materials. The hats were classified as dutiable at 50 cents per pound and 40 per cent. ad valorem, under the provisions of Schedule L for wearingapparel of every description, composed wholly or in part of wool, worsted, &c., made up or manufactured wholly or in part by the tailor and seamstress. The plaintiff claimed in his appeal that the goods were dutiable at 40 per cent. only, under the provision of Schedule M for hats for men, women, and children, composed of chip, grass, palm-leaf, willow, or any other vegetable substance, hair, whalebone, or other material, not otherwise provided for. Silk hats were provided for under Schedule H and hats of wool under Schedule M. The court was of opinion that, as the word "hats" is a more specific enumeration than the words "wearing-apparel," the claim of the plaintiff was correct. The district attorney states that, in his opinion, there was no error in the case, and the Attorney-General, in his letter of the 29th ultimo, adopted this opinion, and advised that no appeal should be taken to the Supreme Court. In view of the facts, you are authorized to take measures for the payment of the judgment, and for a refund of the duties exacted in excess of 40 per cent. ad valorem upon similar importatians in regard to which the requirements of law relating to the filing of protest and appeal and the bringing of suits have been complied with. Very respectfully, COLLECTOR OF CUSTOMS, New York. H. F. FRENCH, 5 Assistant Secretary. (4716.) Steam-vessels-Plying on internal waters of a State not subject to inspection. : TREASURY DEPARTMENT, December 4, 1880. SIR Referring to the case of the steamer "Una," a vessel plying upon the waters of Lake George, and which vessel was inspected by the United States local inspectors of steam-vessels at Burlington, you are informed that the inspection of vessels plying upon waters that are not navigable waters of the United States within the meaning of the statute is improper, as such vessels are not liable to any of the penalties provided for the infractions of the steamboat laws. You are hereby authorized to place the certificate of inspection of this vessel, now in your office, with your permanent records, with a note of the circumstances indorsed thereon, and drop the name from future quarterly statements. Very respectfully, COLLECTOR OF CUSTOMS, Burlington, Vt. H. F. FRENCH, Assistant Secretary. |