103 F. 619 | U.S. Circuit Court for the District of Southern New York | 1900
(orally). The question as to the commercial meaning of the phrase “pearls in their natural state” is of no assistance to the disposition of this case, because with practical unanimity all the witnesses agree that that phrase was not known to the trade when this act was passed. Act July 24, 1897, c. 11. It was a phrase coined by congress, wholly unknown to merchants; and the mere fact that since the passage of the act the merchants engaged in this trade have given a meaning to> the words used by congress which seems to them reasonable and fair, and which has been, perhaps, produced somewhat by the influences of their own business, makes no difference. We must take the words in the sense in which congress uses them; and, inasmuch as it appears that they had no commercial meaning at that time, we must take them in their plain, natural meaning. The selection made by congress seems to have been an unfortunate one, for it leaves the situation, as has been pointed out, such as to fix a higher duty on the lower article; hut unless, out of the language which congress has used, a meaning other and different from that can he fairly read, the court, within its powers, cannot correct the difficulty. Now, the suggestion which might naturally be made that, paragraph 434 having provided for pearls set or strung,