The first inquiry is naturally whether the goods come within the nonenumerated class or whether resort must be had to similitude or to the catch-all clause, and this leads to a consideration of the question whether the articles should be treated as articles and wares composed wholly or in chief value of earthy or mineral substances not specially provided for in this section, and not decorated in any

manner.

While not contending that the importation fails to fall within the specific terms of paragraph 95, as "articles composed of earthy or mineral substances," the importers contend, however, that they do not fall within that phrase as used by Congress, and rely upon the doctrine of ejusdem generis as limiting the phrase to articles of a like character as those named in the preceding paragraph of Schedule B. Chief reliance is placed upon the case of Dingelstedt v. United States (91 Fed., 112). That case arose under the act of 1894, and the court reached the conclusion that it was not intended to include carbon sticks under the name of articles composed of earthy or mineral substances. The collocation of the various paragraphs was discussed and it was said:

*

This collocation * would seem to indicate most strongly that the phrase, "all articles composed of * * mineral substances," was not used in its broadest sense, but restricted to articles composed of mineral substances similar to those enumerated in the schedule, if not in the subdivision. Strong confirmation of the correctness of this interpretation is found in the circumstance that Congress provides in the paragraph different rates of duty for the "articles" referred to when decorated, and, when not decorated, apparently they had in mind articles susceptible of decora tion; and in the further circumstance that Congress has inserted in the paragraph the words "including lava tips for burners." If the phrase relied on were to be given the broad construction contended for, it would be wholly unnecessary to provide specially for lava tips; they would be included in the general phrase. Evidently Congress understood that this general phrase was used by it in such a restricted sense that it would not cover the lava tips, and therefore they were specially provided for. Construed as above indicated, the paragraph would not cover the carbons now before the court.

This case arose under the act of 1894, and so far as the decision rested upon the view that the paragraph should be restricted to articles susceptible of decoration, it had confirmation in United States v. Downing (201 U. S., 354). So far as it rested upon the rule of ejesdem generis, its force is much weakened by the fact that Congress in the act of 1897, paragraph 115, provided in the same Schedule B for manufactures of agate, alabaster, chalcedony, chrysolite, coral, cornelian, garnet, jasper, jet, malachite, marble, onyx, and a number of other articles not embraced in Schedule B of the act of 1894, but as unrelated to the articles embraced in such prior act as are the articles involved in this suit.

And again, in paragraph 112 of the present act, Congress, instead of enumerating all the articles above mentioned in paragraph 115.

provided for "all articles composed wholly or in chief value of agate, rock crystal, or other semiprecious stones, except such as are cut into shapes and forms fitting them expressly for use in the construction of jewelry."

This departure from the language of the act of 1894, including as it does in the enumerated articles a long list of articles similar in use to sapphire, would seem to demonstrate that it was not the purpose to limit or restrict the paragraph in question to articles of inferior value, and that the rule of ejusdem generis is not to be given application.

There can be no doubt that the articles here in question do in fact fall within the precise language of the paragraph, and we think they ought not to be excluded by the rule of ejusdem generis.

The decision should be reversed and the articles held dutiable under paragraph 95.

(T. D. 33495.)

Plant quarantine act.

Regulation 8 of the regulations of the Secretary of Agriculture under the plant quarantine act of August 20, 1912 (T. D. 33071), amended relative to permits for the entry of nursery stock, etc.

TREASURY DEPARTMENT, June 3, 1913.

To officers of the customs and others concerned:

The appended plant quarantine decision, No. 3, amending regulation 8 of the regulations of the Secretary of Agriculture under the plant quarantine act of August 20, 1912 (T. D. 33071), is published for the information and guidance of the customs officers and others concerned.

(92655-19.)

JAMES F. CURTIS, Assistant Secretary.

PLANT QUARANTINE DECISION No. 3.

[Issued May 24, 1913.]

UNITED STATES DEPARTMENT OF AGRICULTURE,

OFFICE OF THE SECRETARY, FEDERAL HORTICULTURAL BOARD.

The Federal Horticultural Board recommends that regulation 8 of the rules and regulations for carrying out the plant quarantine act (37 Stat., 315), published in Circular No. 41, revised, office of the Secretary, issued December 20, 1912, be amended, to take effect as amended on and after May 1, 1913, so as to read as follows:

Regulation 8.-Notice of shipment by permittee.

Immediately upon the entry and before removal from the port of entry of nursery stock, for each separate shipment or consignment thereof, the permittee shall notify the Secretary of Agriculture, through the collector of customs where entry is made,

on forms provided for that purpose, stating the number of permit, the date of entry, the general nature and quantity of the nursery stock, the country and locality where grown, and the name and address of the consignee to whom it is proposed to forward the nursery stock, together with the probable date of delivery for transportation.

At the same time a copy of the notice to the Secretary of Agriculture shall be sent by the permittee to the duly authorized inspector or other officer of the State, Territory, or District to which the nursery stock is to be shipped. Lists of such inspectors and officers may be obtained on application to the collector of customs or the Federal Horticultural Board, Washington, D. C.

Permits may be canceled and further permits refused if a permittee fails to give either of said notices, or gives a false notice, or knowingly mislabels any nursery stock with intent to evade any provision of the plant-quarantine act or of any regulation thereunder.

Should a consignee named in such a notice ship or deliver for shipment to any other State, Territory, or district such nursery stock before it has been inspected by a duly authorized State, Territorial, or district inspector or officer, he shall, prior to such shipment, give like notice to the Secretary of Agriculture and to the duly authorized inspector or other officer of the State, Territory, or district to which the nursery stock is to be reshipped.

Imported nursery stock which has been once inspected will be allowed to move interstate without restrictions other than those imposed on the interstate movement of domestic nursery stock.

C. L. MARLATT, Chairman,

W. A. ORTON,

GEO. B. SUDWORTH,

W. D. HUNTER,

A. V. STUBENRAUCH,

Federal Horticultural Board.

Approved:

B. T. GALLOWAY,

Acting Secretary of Agriculture.

WASHINGTON, D. C., April 30, 1913.

(T. D. 33496.)

Drawback on automobiles.

T. D. 33342 of April 16, 1913, extended to cover automobiles manufactured by the Briggs-Detroiter Co., with the use of castings made by the General Aluminum & Brass Castings Co., of Detroit, Mich., from imported aluminum.

TREASURY DEPARTMENT, June 3, 1913. SIR: The department's regulations of April 16, 1913 (T. D. 33342), providing for the payment of drawback on automobiles and automobile engines manufactured by the Briggs-Detroiter Co., of Detroit, Mich., with the use of imported annular bearings, are hereby extended to cover automobiles manufactured by the said company with the use of castings designated as M. A. 25 (motor-crank case), T. A. 25 (transmission cases), and M. A. 702 (gasoline-intake manifold), made

by the General Aluminum & Brass Castings Co., of Detroit, Mich., from imported pig aluminum.

The allowance shall not exceed the weight of the rough castings as shown by the sworn statement of the Briggs-Detroiter Co., dated March 29, 1913, with the addition of 1 per cent for loss in casting, the allowance to be reduced according to the number of pounds of imported aluminum which will be replaced by the value of the waste incurred in machining the castings.

Respectfully,
(98250.)

COLLECTOR OF CUSTOMS, Detroit, Mich.

JAMES F. CURTIS,
Assistant Secretary.

(T. D. 33497.)

Shortages Wines-Liquors.

Lading inspectors should note on manifest all packages of wines, liquors, cordials, and distilled spirits in bad order, and reports should be made under T. D. 32280 of February 26, 1912, of all empty or broken bottles found in examination packages at destination.

TREASURY DEPARTMENT, June 2, 1913.

SIR: The department duly received your letter of March 17, 1913, relative to reporting, under T. D. 32280, empty or broken bottles of wines, liquors, cordials, or distilled spirits.

It appears upon investigation that the practice in such regard differs at the various ports. At some ports no report is made of such shortages. At others all empty or broken bottles noted in the examination packages are reported, while at some ports particular search is made to ascertain whether any package contains such empty or broken bottles.

The department is of the opinion that the number of empty or broken bottles found is not sufficient to justify a special examination being made for that purpose. Carriers are, however, liable for such shortages or breakages occurring while the merchandise is in transit, notwithstanding the fact that no allowance can be made in the liquidation of the entry because of the prohibition contained in paragraph 307 of the existing tariff act unless it appears that the shortage was due to causes other than leakage, breakage, or other damage.

In order that the practice may be uniform, you are hereby directed to report all empty or broken bottles of wines, liquors, cordials, or distilled spirits found in examination packages, under T. D. 32280. The lading inspectors at ports of first arrival should be particularly

careful to note on the manifest all packages containing wines, liquors, cordials, or distilled spirits in bad order at the time of lading.

Respectfully,
(92200.)

COLLECTOR OF CUSTOMS, Chicago, Ill.

(T. D. 33498.)

JAMES F. CURTIS,

Assistant Secretary.

Shortages-Transportation and exportation entries.

Prescribing the method of reporting shortages from shipments under transportation and exportation entries.

TREASURY DEPARTMENT, June 4, 1913.

To collectors and other officers of the customs:

It has come to the attention of the department that the practice at various ports under T. D. 32280 of February 26, 1912, and T. D. 32731 of July 22, 1912, in reporting shortages from shipments under transportation and exportation entries is not uniform, and that in many instances collectors at border ports are not furnished sufficient data to enable them to exercise the discretionary power reposed in them with respect to the cancellation of charges made against carrier's bonds in connection with such shipments, and the following instructions are issued in order that the practice shall be uniform and correct at all ports:

Where there is a discrepancy between the number of packages called for in the entry and carrier's manifest accompanying shipments entered at a port on the Canadian or Mexican border and the number of packages found at the port of exportation, in addition to the usual data, the certificate of inspection and lading shall show, by stamp or otherwise, whether the seals placed on the cars at the border port were intact on arrival at the port of exportation, and whether the cars bear any evidence that a shortage therefrom might have occurred while in transit in the United States.

Where such shipments arrive at the port of exportation with the seals intact and the cars bear no evidence that a loss occurred while in transit in the United States, the statement to that effect on the certificate of inspection and lading will be sufficient, and the report of shortage required by T. D. 32280 need not be made. However, where the seals are not intact on arrival at the port of exportation, or the cars bear evidence that a shortage might have occurred therefrom while in transit in the United States, and in all cases of shortage from shipments entered at ports other than Canadian or Mexican border ports for transportation and exportation, the report required by T. D. 32280 shall be made and forwarded to the port of entry with the certificate of inspection and lading.

(92200.)

JAMES F. CURTIS, Assistant Secretary.