in which, reporting the trial of the suit of Schroeder et al. against Erhardt, which was brought for the recovery of $31,990.60, duties alleged to have been exacted in excess of 35 cents per pound on certain leaf-tobacco imported into your port between July 20, 1888, and January 28, 1889, he states that a verdict was rendered in favor of the plaintiffs, by direction of the court, for the sum of $708.12, upon the sole ground that the failure of the collector to send one bale in ten of the merchandise to the public store for examination invalidated the examination and subsequent assessment of duty.

In view of such decision, you are hereby directed, in all cases of importations of leaf-tobacco, to order at least one bale in each invoice, or one bale in every ten bales, to the public store for examination and appraisement, as prescribed by the statute, unless the importers shall lodge at the custom-house on each importation a written statement, in which they shall stipulate to expressly waive such requirement, and allow the classification of the merchandise to be made upon an examination of a less number of packages.

This course should also be pursued in all cases of imported merchandise where a less number of packages than the law requires is sent to the public store for examination.

Hats of wool-Certain so-called sailor hats dutiable as.

SIR: The Department is in receipt of your letter of the 13th instant, submitting the appeal (6554 x) of Messrs. Balch, Price & Co. from your assessment of duty, at the rate of 35 cents per pound and 40 per cent. ad valorem, on certain hats, imported by them per Germanic, November 16, 1889, and claimed to be dutiable at the rate of 30 per cent, ad valorem, under the provision in T. I., 400, for "Bonnets, hats, and hoods for men, women, and children."

The appraiser reports that the hats in question are known as sailor hats, now much worn by young ladies, and are manufactured of wool, felted, and covered with a black varnish.

Under the Department's decision of November 6, 1889 (Synopsis 9691), as to certain miner's hats, the hats in question were properly subject to duty at the rate assessed under the provision for "hats of wool," in T. I., 363.

Your assessment of duty thereon is hereby affirmed.

Washington, D. C., January 28, 1890.

SIR: This office is in receipt of your letter, dated the 24th instant, in which, referring to my circular instructions of the 18th of November last, that the value of vessels built should be specified in the returns of tonnage, you report that the builders of certain steam-vessels decline to state the cost on the ground that it is a private matter.

You are informed that in such cases an estimate of the value may be inserted in the returns above mentioned.

TREASURY DEPARTMENT, January 28, 1890.

SIR: The Departments has been informed by the United States Attorney-General that the case of Robertson, plaintiff in error, vs. Lutz et al., which was tried in the United States circuit court for the southern district of New York, in December, 1885 (N. S. 9577), and which,

by direction of this Department, was taken to the United States Supreme Court, has been dismissed by the Solicitor-General upon the record as it stood, for the reason, among others, that the record presented only a question of fact, and that the question of fact was fairly submitted to the jury.

After a careful consideration of the matter the Department, in view of the fact that the question involved in said suit, which was as to whether rosolic and picric acids were free of duty as acids used for manufacturing purposes, or were dutiable as coal-tar colors, or dyes, or preparations, having been, as it is understood, thrice tried, with a verdict against the collector in each instance, has concluded that there is no reason to further contest the same.

The Department's decisions, therefore (Synopses 6011 and 6609), will be considered as modified accordingly, and you are directed to take the necessary steps for refunding the duties exacted on the importations covered by this suit, and also on any other suits which may be pending at your port involving the same question, where the plaintiffs have fully complied with the requirements of law as to protest, appeal, suit, etc., upon notice from the United States attorney that said suits have been discontinued of record.

Future importations of these acids will be, therefore, passed free of duty under paragraph 594 of the free list for "Acids used for medicinal, chemical, or manufacturing purposes."

Approving bond of Maine Steamship Company as a common carrier.

TREASURY DEPARTMENT, January 29, 1890.

SIR: The Department has received your letter of the 18th ultimo, transmitting the bond, in duplicate, of the Maine Steamship Company as a common carrier for the transportation, in bond, of dutiable merchandise. Said bond is hereby approved, and one copy thereof herewith returned, to be placed upon the files of your office.

Under its bond the company named is authorized, in accordance with the provisions of sections 3000 and 3001, Revised Statutes, to transport appraised merchandise in bond between any places in the United States which have been or may be hereafter designated by law as ports

of entry or delivery, and under the authority contained in section 3006, Revised Statutes, to transport merchandise from one port in the United States to another, via Canada, in the following manner, viz: In suitable cars or vessels, owned or controlled by it, and running over such connecting lines or routes as may be necessary to reach the port or ports of destination named in the entry and manifest in each particular In every instance where other cars or vessels than those owned by said company are used, they shall be distinctly marked "Maine Steamship Company."

case.

Respectfully yours,

GEORGE C. TICHENOR,

Assistant Secretary.

COLLECTOR OF CUSTOMS, Portland, Me.

(9829.)

Chinese-Return of, after temporary visit to China.

TREASURY DEPARTMENT, January 31, 1890.

SIR: The Department is in receipt, through the Secretary of State, of a letter dated Atlanta, Ga., the 23d instant, addressed to you by Mr. William A. Fuller, in which the writer desires to ascertain what proceedings should be had to entitle a Chinaman, now residing at Atlanta, to the privilege of returning to the United States after a temporary visit to China.

In regard to this matter this Department has to say that if the Chinaman mentioned by Mr. Fuller is a laborer, he would, under the exclusion act of October 1, 1888, be absolutely debarred from relanding in the United States upon his return from China. If, however, he is not a laborer, no legal bar exists to his returning to the United States after such a visit. No certificates or other papers are issued either by the Department or by any of its subordinate officers to show that a Chinaman other than a laborer is entitled to reland in the United States; but it is suggested that the person mentioned (if not a laborer) should, before he leaves the United States, provide himself with such proofs of identity as he may deem proper, to show that he has been a resident of this country, and that he is not a laborer, so that he may present the same to the collector of customs at the port where he may return. GEORGE C. TICHENOR,

Respectfully yours,

(3358 d-10.)

Hon. JOHN D. STEWART,

Assistant Secretary.

United States House of Representatives.

(9830.)

Horn knife-handles dutiable as manufactures of horn.

TREASURY DEPARTMENT, January 30, 1890. GENTLEMEN: The Department is in receipt of your letter of the 21st instant, relative to the classification of certain deer horns, imported by you per Aurania, September 16, 1889, which were returned by the appraiser, under T. I., 399, as "manufactures of horn," 30 per cent. ad valorem, and upon which duty was assessed accordingly.

You state that the appraiser misrepresents your goods in almost every particular; that the horns are in their natural state, and have not been "cut to proper lengths, stained or dyed, or trimmed to proper thickness," and you submit samples to substantiate your allegations, and ask that your appeal may be returned to the collector in order that a corrected report may be made.

The parts of deer horns which you submit are similar to the sample which was forwarded by the collector with his report thereon. An examination of the samples shows that they were accurately described in the appraiser's report as "pieces of horn which have been cut to proper lengths and then stained or dyed and otherwise prepared so as to fit them for use as knife-handles," and that consequently they were properly classified, under T. I., 399, as "manufactures of horn." In view of the facts, no good reason is perceived for a reconsideration of the Department's decision sustaining said classification, and your request is therefore denied.

Antimony, etc., in pig-lead-Quantity required to constitute type metal under Synopsis 8147.

TREASURY DEPARTMENT, January 31, 1890.

SIR: The Department duly received your letter of the 29th of November last, transmitting the appeal (2879 x) of Hendricks Bros. from your assessment of duty, at the rate of 2 cents per pound, on certain so-called type metal, imported by them per France, July 29, 1889, and