Whitney v. Robertson

United States Circuit Court for the Southern District of New York

Decided September 19, 1884.)

United States Circuit Court for the Southern District of New York · decided 1884-09-19

<p>Customs Duties—Treaty—Act of Congress—Exemption from Duty.</p> <p>A stipulation in a treaty with a foreign power that “ no higher or other duties shall be imposed on the importation into the United States of any article, the produce or manufacture of the dominion of the treaty-making power, * * * than are or shall be payable on the like articles, being the produce or manufacture of any other foreign country,” dees not prevent congress from passing an act exempting from duty like products and manufactures imported from any particular foreign dominion it may see fit.</p>

2 counsel of record

Relies on Double-Pointed Tack Co. v. Two Rivers Manufacturing Co. · Westray v. United States · Bartram v. Robertson

Decided 1884-09-19

¶1Customs Duties—Treaty—Act of Congress—Exemption from Duty.

¶2A stipulation in a treaty with a foreign power that “ no higher or other duties shall be imposed on the importation into the United States of any article, the produce or manufacture of the dominion of the treaty-making power, * … than are or shall be payable on the like articles, being the produce or manufacture of any other foreign country,” dees not prevent congress from passing an act exempting from duty like products and manufactures imported from any particular foreign dominion it may see fit.

¶3On Demurrer to Complaint.

¶4Charles Stewart Davison, for plaintiffs.

¶5Elihu Root, U. S. Dist. Atty., and Saml. B. Clark, for defendants.

¶6Wallace, J.

¶7The questions raised by the demurrer are the same considered in the case of Bertram v. Robertson, 15 Fed. Rep. 212, and for the reasons stated in the opinion there delivered the demurrer is sustained.

¶8Judgment is ordered for the defendant.