Heller v. Magone’s Empirical Analysis

Citation profile

1 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The clause here, paragraph 505 in the free list, reading ‘ guano, manures, and all substances expressly used for manure,’ very clearly expresses,'and there seems no doubt that, by the use of this phrase, congress has plainly said, that all imported substances, whether especially provided for eo nomine, or covered by any general language descriptive of their origin or qualities, which subserve the purpose of enriching the soil, and thus increasing the crops to be raised upon it, should be free. That is the plain meaning of the paragraph as it stands. I think we should err, if, from some strained and over-elaborate examination of a great many other paragraphs in the act, we should seek to spell out some understanding or conception of what we might possibly infer was the intent of congress. We are entitled to take their intent as expressed by the'plain language they have used. It is very true that the use of the word ‘ expressly ’ may make this paragraph difficult of application in very many cases, in fact in all cases, so far as the collector is concerned; but it gives us no trouble in this particular action, because there is abundant evidence here to warrant the holding that these particular importations were expressly used for manure. 'They have been traced from their importer into the hands of individuals whose sole business is the preparation of ‘ fertilizers ’ which word is a mere synonym for ‘manure;’ and, should the jury draw from the testimony any other inference than ”

   1 later decision quote this exact passage
   e.g. Schultz v. Cadwalader

2. ““(2) The article in suit is not provided for in the provisions of the tariff act of paragraph 505, Tariff Index, (Hew,) of the free-list, ‘ all substances used for manure,’ inasmuch as the evidence shows that the substance in suit is not so used, in the manufacture of manure or fertilizers only; ’ and your verdict should be for the defendant.””

   1 later decision quote this exact passage
   e.g. Schultz v. Cadwalader