with the provisions of said act, and by the deposit of two copies of such other articles made or produced in the United States.

In reply, I have to inform you that your construction of said provision of law as requiring only the printing of titles of books, chromos, lithographs, photographs, made in the United States and deposited in your office on and after July 1, 1891, appears to be correct, except that such list should include the titles of maps, charts, dramatic or musical compositions, engravings, cuts, and prints, paintings, drawings, statues, statuary or models, or designs, as well as of the other articles.

The Department, as required by said provision of law, proposes to prepare and print, at intervals of not more than a week, a catalogue of such title entries for distribution to the collectors of customs in the United States and to the postmasters of all post-offices receiving foreign mails, and to furnish such weekly lists to all parties desiring them at the sum of $5 per annum.

To the Officers of the Revenue Marine Service:

The "General Service (Myer's) Code" of signals having become obsolete, its use in the Revenue-Marine Service will be discontinued from and after this date. In lieu thereof the "United States Signal and Telegraph (Morse) Code" is adopted, and all officers of the service are hereby ordered to familiarize and perfect themselves in its use without delay.

It is further ordered that all quartermasters and coxswains on board of revenue vessels be instructed in the use of this code of signals, and that they be exercised therein sufficiently often to make them proficient signalmen.

Cards showing the alphabet, numerals, etc., of the "United States. Signal and Telegraph Code" will be furnished upon application to this Department.

CHARLES FOSTER,

Secretary.

(11442.)

Value of foreign coins-Date of shipment at foreign port date when value

applies.

TREASURY DEPARTMENT, July 7, 1891.

SIR: The Department is in receipt of your letter of the 1st instant, in which calling attention to its circular, No. 95, of the 1st instant, in which proclamation is made of the values of foreign coins in terms of the money of account of the United States, you inquire whether it was the intention of the Department, by the change in form of said proclamation, to require that the date of exportation from the foreign ports should govern in estimating the value of the currency rather than the date of arrival at ports in the United States.

In reply, I have to inform you that such was the intention of the Department, and in estimating the value of such coins the date of shipment at the foreign port should be taken as the date to which such valuations are applicable.

Structural iron for use in a beet-sugar factory.

TREASURY DEPARTMENT, July 7, 1891.

SIR Referring to the Department's letter to you of the 2d ultimo, in regard to the dutiable character of certain columns, beams, joists, etc., and structural iron imported as adjuncts of machinery intended to be erected in a beet-sugar factory, and to your letter of the 25th ultimo, inclosing invoices covering certain machinery, etc., imported by H. T. Oxnard, I have to inform you that upon consideration of the facts presented the Department is of the opinion that such columns, I-beams, etc., as are fitted and adjusted to the machinery abroad and are essentially a complement thereof, are entitled to free entry as parts of such machinery, and you are therefore instructed to admit such columus, I-beams, etc., that belong to and form a necessary part of it, as distinguished from the ordinary structural iron of the building, to free entry under the provisions of paragraph 237, act of October 1, 1890. Respectfully yours,

(5977 ƒ.)

COLLECTOR OF CUSTOMS, New Orleans, La.

O. L. SPAULDING,
Assistant Secretary.

(11444.)

Certificate of delivery of immediate-transportation goods.

TREASURY DEPARTMENT, July 8, 1891.

SIR: In reply to your letter of the 16th ultimo, I have to inform you that on taking possession, as unclaimed, of goods arriving at your port under immediate-transportation entry, a certificate of delivery should be forwarded to the collector of customs at the port of first arrival, if you shall be satisfied that the goods are those described in the invoice and entry, as prescribed in paragraph 4 of article 775 of the Regulations of 1884.

The matter of the issuance of such certificates is fully explained in the Department's instructions of February 12, 1885 (Synopsis 5570), to which your attention is invited.

TREASURY DEPARTMENT, July 8, 1891.

SIR: The Department is in receipt of a letter from the United States attorney at New York, dated the 18th ultimo, in which he reports the trial in the circuit court for the southern district of New York, before Judge Lacombe, on the 17th ultimo, in the matter of your application for review of the decision of the Board of General Appraisers concerning certain tobacco imported by F. Garcia Brothers & Co., per Saratoga, December 16, 1889 (Suit No. 463), which resulted in the affirmance of the decision of said Board.

From the report of the United States attorney it appears that the importers, on December 16, 1889, imported into New York and entered for warehouse certain tobacco; that on October 17, 1890, they withdrew the said tobacco from warehouse for consumption; that at the time of said withdrawal the collector levied and collected from the importers duty at the rate per pound prescribed by Schedule F of the tariff act of March 3, 1883, on the weight thereof as returned by the United States weigher at the time of its importation, on the theory that, while by the first proviso of the fiftieth section of the act of October 1, 1890, the

tobacco which was withdrawn from warehouse prior to February 1, 1891, was subject to duty at the rate prescribed by Schedule F, such duty was leviable and collectible on the weight thereof at the time of importation notwithstanding the second proviso of said section, which you claimed prescribed that duties should be levied and collected upon the weight at the time of withdrawal only in case of merchandise imported and deposited in warehouse prior to October 1, 1890, and withdrawn therefrom subsequent to February 1, 1891.

The Board of General Appraisers, on March 23, 1891 (Synopsis 10955, G. A. 450), reversed your decision and sustained the claim of the importers that duty at the rate assessed should have been levied and collected on the weight of the tobacco at the time of its withdrawal from warehouse.

The court affirms the decision of the Board of General Appraisers, holding that by the provision of section 50 importers were allowed to pay duties at the old rate upon any imported merchandise which they had deposited prior to the 1st of October, 1890, and withdrawn for consumption before the 1st of February, 1891, and that such duties when based upon the weight of merchandise should be levied and collected upon the weight of the merchandise at the time of its withdrawal.

The United States attorney at New York having recommended acquiescence in the decision of the court, and the Attorney-General having reported that in his opinion no writ of error should be sued out, the Department acquiesces in said decision, and you are hereby authorized, on due entry of judgment in said case, to take the necessary steps for its settlement and payment, and to apply the decision to all other similar cases at your port.

Drawings and sketches of an American architect free of duty.

TREASURY DEPARTMENT, July 8, 1891.

SIR: The Department is in receipt of your report of the 1st instant, upon the application of Mr. H. Langford Warren, of Boston, Mass., secretary of the Boston Society of Architects, for a refund of $5.25

duty paid on a package addressed by mail to E. C. Cabot of that city, containing drawings and sketches of buildings in Europe by Mr. Harry Brown.

Mr. Warren states that Mr. Brown is an architectural student traveling in Europe to study his profession as holder of the Rotch Traveling Scholarship, which is under the management of the society, which sends annually a student from Massachusetts for two years to study in Europe, and that as the drawings and sketches are the work of an American artist they should have been admitted free of duty.

It appears from your report that no evidence has been presented to support the claim that the pictures and designs are the work of an American artist, except a statement to that effect contained in a letter from Mr. Cabot under date of May 15, last, which statement was not accompanied by the certificate of the United States consul.

In reply, I have to inform you that under the provisions of paragraph 757 of the act of October 1, 1890, such certificate is not necessary. If you shall have reason to believe, after further examination upon any evidence that may be presented to you, that the drawings and sketches in question come within the purview of paragraph 757 of the act referred to, you are hereby authorized to take the necessary steps for a refund of the amount of duty paid.

TREASURY DEPARTMENT, July 8, 1891.

The following communication from the Postmaster-General, prescribing rates to be paid by the Government for telegraphing for the fiscal year ending June 30, 1892, is hereby published for the information of officers of the Treasury Department and others whom it may concern. Officers of this Department are specially informed that no charge in excess of these rates will be allowed by the accounting officers.

CHARLES FOSTER,

Secretary.