56 F. 822 | U.S. Circuit Court for the District of Southern New York | 1893
Neither construction of this paragraph 295 is altogether satisfactory. It hi extremely obscure, but, upon considering the various interpretations of it which have been suggested, I adhere to the view that it is to he construed as follows: There should be laid a duty of 30 per cent, ad valorem upon (a) iish in cans or packages made of tin or other material, (except anchovies and sardines,) and (b) fish packed in any manner other than such as has been heretofore specially enumerated or provided; the apparent intent, being not so much to lay the duty upon fish, but to lav a duty upon the tin can that brought the iish in, and I am persuaded to take that view of the phraseology of the immediately succeeding section, 290. For that reason I shall affirm the decision of the board of appraisers.