CUSTOMS LAWS-Continued. 27. Refund-Mistake of Fact.-The authority of the Secretary of the Treasury to refund duties erroneously collected, on the ground of mistake, is to be restricted to mistake of fact. Ib. 28. The question whether another country pays a bounty on the exportation of sugar can not properly be called a pure question of fact. It is a question of mixed fact and law. Ib. 29. Same-Common-law Mistake of Fact.-A mistake in such a question does not arise upon an error of fact within the meaning of the concluding proviso to section 1 of the act of March 3, 1875 (18 Stat., 469), defined in 21 Opin., 224, to be a common-law mistake of fact. Ib. 30. Removal and Destruction of Merchandise Held in Bond.-Articles of merchandise imported into the United States and held in a bonded warehouse for use in the manufacture of articles for exportation in accordance with section 15 of the tariff act of July 24, 1897 (30 Stat., 207), may be removed from such warehouse and destroyed in the presence of an officer designated by the collector of the port and accounted for as waste, and the manufacturer relieved from the payment of duty thereon. 58. 31. Secretary of the Treasury-Release of Goods Subject to Forfeiture.The Secretary of the Treasury may release cigars imported in violation of section 26 of the act of August 28, 1894 (28 Stat., 552), amending section 2804, Revised Statutes, on payment of a fine equal to the duty, when in his opinion the importation does not involve fraud. 588. 32. Seizure and Destruction of Fur-seal Skins Unlawfully Imported.— While collectors of customs and other revenue officers, under the direction of the Secretary of the Treasury, are the proper officers to seize and destroy fur-seal skins imported into the United States in violation of section 9 of the act of December 29, 1897 (30 Stat., 226), yet the usual proceedings for condemnation and forfeiture should be instituted in order to determine whether or not the seizure of such skins was justifiable and their destruction a necessary consequence. 577. 33. Same-Authority of Collectors of Customs, etc.—The authority of such officers to seize and destroy by summary action rather than under judicial proceedings is reached by implication, as the statute is not explicit upon that point. Where rights of person and property are involved, an implied authority which is summary and might be used arbitrarily should not be lightly assumed. In such cases the inference should not only be persuasive but irresistible. Ib. 34. Storage Charges, etc., Collected in Porto Rico.-Storage charges, fines, penalties, and forfeitures, and other collections, not duties or taxes, made by customs officers in Porto Rico in the administration of the customs laws, should be deposited to the credit of the Treasurer of the United States. 621. DAIRY AND FOOD PRODUCTS. See FALSE LABELING of Dairy DANGEROUS CONTAGIOUS DISEASES. See IMMIGRATION. False Labeling or Branding of Dairy and Food Products.-The Depart- DEPARTMENT OF COMMERCE AND LABOR. Naming the Bureaus in.-The Secretary of Commerce and Labor is authorized, under the act of February 14, 1903 (32 Stat., 825), creating the Department of Commerce and Labor, to change the names of the Department of Labor, the Fish Commission, and other offices thereto assigned, as the business and good government of his Department requires. DEPARTMENT OF JUSTICE. 697. Can do nothing to restrict the exportation of arms and warlike material to China during the present insurrectionary movements in that country. 26. DESTRUCTION OF MERCHANDISE HELD IN BOND. See CUSTOMS LAWs, 30. DISTRICT OF COLUMBIA. Eviction of Unlawful Occupants of the Public Lands in.-The only intent of section 1797, Revised Statutes, as amended by the act of April 28, 1902 (32 Stat., 152), is to empower the United States marshal of the District of Columbia to eject summarily transient or disturbing persons from the public grounds in the District under the direct supervision of the Chief of Engineers, and does not apply to occupants who have been in actual possession, under a claim of right, for a long period of years. In such cases the Government should apply to the courts to obtain possession. 616. DRAWBACK. See CUSTOMS LAWS, 8-11. DRY DOCK. See CONTRACT. DUTIES. See CUSTOMS LAWS. EMINENT DOMAIN. 1. Philippine Insular Government-Land required by United States for Military Posts. A good title can be acquired by the United States to land in the Philippine Islands required for use as military posts under either section, 1 or 2, of the act of the Philippine Commission of March 5, 1903 (No. 665), the method EMINENT DOMAIN-Continued. provided by section 1 being slightly more circuitous than that provided by section 2, in that it provides for condemnation by the Philippine insular government and subsequent transfer to the United States. 640. 2. States may acquire Land by Condemnation for the Federal Government. Decision in the case of Trombley v. Humphrey (23 Mich., 472) held to be erroneous. Ib. 3. The Philippine government derives the power of eminent domain from section 63 of the organic act (32 Stat., 706). Ib. EMPLOYMENT OF HONORABLY DISCHARGED SOLDIERS. See CENSUS OFFICE, 2-4. ENTRY. See VESSELS. EVICTION. See DISTRICT OF COLUMBIA. EXPORT BILLS OF LADING. See INTERNAL REVENUE, 5. FALSE LABELING OF DAIRY OR FOOD PRODUCTS. 1. Act applies to Articles Imported from Foreign Countries.-The act of July 1, 1902 (32 Stat., 632), prohibiting the introduction into any State or Territory of any dairy or food product which shall have been falsely labeled or branded as to the State or Territory where grown, applies not only to domestic articles, but also to those imported from foreign countries which are labeled as being of domestic origin. 675. 2. Same. The Department of Agriculture and the Treasury Department have no jurisdiction or power under the act of March 3, 1903 (32 Stat., 1157), to prevent or punish the false labeling or branding of dairy or food products after they have passed the custom-house and are delivered to the owner or consignee. Ib. 3. "Birkenwald's Daisy Sugar Corn.”—The use of the words "Birkenwald's Daisy Sugar Corn, S. Birkenwald Co., Milwaukee, Wis.," by that company on canned goods produced in another State, is a violation of section 1 of the act of July 1, 1902 (32 Stat., 632), which prohibits the false labeling or branding of dairy or food products. These words clearly imply that the goods referred to were manufactured or prepared in Wisconsin. 695. 4. Rule of Interpretation. Wherever the natural inference to be drawn from the form or words of a brand or label is contrary to the fact as to the State or Territory in which the article referred to is made, produced, or grown, the case would seem to be within the letter and spirit of the above-named act. Ib. 5. Omission of Place of Manufacture-Name of Wholesale Dealer.-The act of July 1, 1902 (32 Stat., 632), which prohibits the false labeling or branding of dairy and food products which enter into interstate commerce, does not provide that such products shall be labeled or branded so as to show the State or Territory in which they are produced. It provides merely that such products shall not be falsely labeled or branded as to the State or Territory in FALSE LABELING OF DAIRY OR FOOD PRODUCTS-Cont'd. which they are made, produced, or grown. The mere omission, in the instances given, of the place of manufacture can not be said to be in violation of that law; nor is the name of the whole. sale dealer on the label or brand necessarily a representation that he is the manufacturer or producer. 125. FEDERAL BUILDING SITE IN HONOLULU. 2, 3. FEDERAL COURTS. See LETTERS ROGATORY. FEES. See CONSULS. FINES. See CUSTOMS LAWs, 6, 31, 34. See HAWAII, FOOD AND DAIRY PRODUCTS. See FALSE LABELING OF FOOD AND DAIRY PRODUCTS. FOREIGN CABLE CONSTRUCTION SHIP. See TONNAGE TAX, 2. FOREIGN TRADE-MARK. See TRADE-MARK. FUR-SEAL SKINS. See CUSTOMS LAWS, 32, 33. GENERAL APPRAISERS. 1. Incompatible Service. The provision in section 12 of the customs administrative act of June 10, 1890 (26 Stat., 136), directing that a general appraiser "shall not be engaged in any other business, avocation, or employment," is not applicable to the case of a general appraiser detailed by the Secretary of the Treasury, without additional compensation, as "an expert to represent the United States in the international commission for the conversion of the present Chinese tariff into specific rates." That provision, in connection with other provisions of the law, means that such officer can not hold another office under the Government, or be engaged in other incompatible Government service. 12. 2. Same-Office. There is no incompatibility between the office of general appraiser and the special service of expert for which such officer was detailed, the latter service being a mere employment without compensation, and not an office. Ib. See also TEA BOARD OF THE GENERAL APPRAISERS. GERMAN LETTERS ROGATORY. See LETTERS ROGATORY. GIFTS FROM PRINCE HENRY OF PRUSSIA. See CONSTITUTIONAL LAW. HAWAII. 1. Honolulu is a Pacific Port of the United States within the meaning of the tariff act of July 24, 1897 (30 Stat., 151, 190), and coal imported into the United States, which is afterwards used for fuel on board a vessel propelled by steam plying between the ports of New York and Honolulu and registered under the laws of the United States, is entitled to drawback under paragraph 415 of that act. 6. HAWAII-Continued. 2. Public Lands of.-The President is authorized, under section 91 3. Acquisition of Federal Building Site in Honolulu.-The Secretary HEAD TAX. 1. Alien Passengers Brought into Porto Rico.--The head tax upon alien 2. Alien Passengers-Transshipped in Port of the United States.-The HONOLULU. See HAWAII, 1. HONOLULU, FEDERAL BUILDING SITE. HONORABLY DISCHARGED SOLDIERS. 2, 3. IMMIGRANTS. See ALIENS. IMMIGRANT FUND. See PORTO Rico, 4. See HAWAII, 3. See CENSUS OFFICE, 1. A Chinese Person Suffering from a Dangerous Contagious Disease be- 2. Section 36 of the Act of March 3, 1903 (32 Stat., 1213).-The object INCOMPATIBLE SERVICE. See OFFICE. INDIRECT DISMISSAL. See ARMY OFFICERS, 1. |