of some other shades, or perhaps many other shades, of colors, giving to the testimony as much latitude as it will bear. But the general purposes for which it is used, the witnesses, starting with the testimony of Prof. Morton,agree, are substantially same. In my opinion, there is no questioI) of fact to go to the jury. There is only a question of law. By direction of the court, the jury rendered a verdict in favor of the defendant.
(Oirevit Court, 8. D. New York. January 21, 1887.)
CuSTOMS DimEs-FISH PREPARED-SOHEDULE G, TARIJ'F Acr OF MARCH 8, 1888·
.Herringspreserved in a brine of vinegar, salt, and spices, with onioDs, carrots, peppers, or other and ready for food In their imported state, found by the jury to be · fish prepared," and not merely "herrings, pickled or salted, .. within the meaning of the tariff act of 1888.
This was an action to recover alleged excessive duties, exacted by the collector of customs at the port of New York from Peter F. T. Hansen, the plaintiff, on his importation by the. steamer Moravia, December 5, 1883, of certain fish, known in the trade as "Russian Sardines." The oollector levied duty thereon at 25 per cent. ad valorem, under Schedule G. of the tariff act of March 3, 1883, (22 St. at Large, '0. S. 504,) under the following clause: "Salm.on, and all other fish, prepared or preserved, and prepared meats of all kinds, not specially enumerated or provided for in this act, twenty five per centum ad valorem." The plaintiff protested, and claimed the same to be dutiable under another clause the same schedule, to-wit: "Herrings, pickled or salted, one-half of one cent per pound." The merchandise in suit was shown to be herrings imported in small wooden kegs or barrels, stamped "Pickled Herrings," but known in the trade as "Russian Sardines." They were pickled in salt and vinegar, and in addition thereto mixed with spices, onions, carrots, and red peppers, and prepared and ready to be eaten in their imported condition. Chas. Ourrie and Stephen G. Clarke, for plaintiff. Stephen A. Walker, U. S. Atty., and Henry a. Platt, Asst. U. S. Atty., for defendant. SmPMAN. I., (charging jury.) The plaintiff takes the burden of proof, and must satisfy you by a fair preponderance of evidenc.e that the goods should have been classified as "herrings, pickled or salted." They ate herrings, and are pickled; that is to say, they have been preserved in a brine of vinegar, salt, and spices. But the government claims that they are more than that, and are "fish prepared;" that is to say, prepared with vegetables, and that they· have passed beyond the stage of "herrings pickled." The plaintiff, on the other hand, says that a pickle
IN RE CAN-AH-(J()UQUA..
means prepared, either simply with brine or vinegar, or with vinegar and spices, or with vinegar, spices, and other articles, to give the compound an agreeable flavor, of which a great many pickles upon our tables are specimens. That is the whole question before you, whether the article is "herrings pickled," or whether it has passed beyond that stage, and is properly styled a herring or fish prepared, in addition to being pickled. Verdict for defendant.
ORGAl'l'IO ACT - WHBTHlllB OPBRATB8 RETROSPlllCT-
The provision in the organic act of Alaska, (act of congress of May 17,1884.) adopting the law8 of Oregon, in part, as the law of Ala.ska, does no.t operate retrolpectivel:y. there ,being nothIng in the act from which it can be inferred that it ,WII.8 so Intended.
RELBASING' CuSTODY 011' CIIILD, WHBTHBB
A parent who has surrendered the custody of a child under a parol agreement il not entitled, after long acquiescence, to repudiate the agreement, and recover the child upon habeas ao1'pU8, as of course, without showing a breach of the agreement by the custodians, or a neglect of some duty in regard tp the care, education, or moral training of the child; the controllingconsidera· tiOD in such CII.8e is. what is for the best interests of the child?
ANn BINDING-'-:HABEAB CORPUS.
In such case the wishes of the child are to be considered, but are not con, elusive. S..um-bmIAN CHiloD-MISSION ScHOOL-ALASKA. Halil,' accordingly. in the case of a male Indian child in Alaska, surrendered by its'm,other to the care of the officers of a Presbyterian mission school th.. ·wlien the child was :five years old, to remain :five years, that the mother cO)lla not reclaim him, after three years, although the child wished to go back to his mother, it appearing that he was being well cared for and educated; but, held., that the mother shoUld be allowed to visit him at the mission.
,Habeas corpus. (!lark k Burry, for petitioner.
M. D. Ball, for defendants.
DAWSON, J. This is a proceeding by habeaa cmytt8, brought by Can8h-eouqua, an Indian woman, the mother of Can-ca-dach, a male child -eight years of age, agaiust William A. Kelly, who is superintendent of the Presbyterian mission school at Sitka, and A. E. Austin, who is an ordained minister of the gospel of the Presbyterian Church denomination, :and is now chaplain of said Presbyterian mission school. The petition alleges that Can-ea-dach is unlawfully restrained of his liberty by the defendants; that his restraint and detention' is contrary to the will and wishes of the petitioner. The defendants, making return to the writ, -admit the custody ofCan-oa-dach, but deny the illegality of the restraint,