(4385.)

Quince-seed-Duty on.

TREASURY DEPARTMENT, January 9, 1880.

SIR: The Department is in receipt of your letter of the 5th instant, transmitting the appeal (4886f) of J. Domergue & Co. from your decision assessing duty at the rate of 20 per cent. ad valorem on certain quince-seed imported, per "Lessing," August 22, 1879, which the appellants claim to be exempt from duty under the provision in the "free-list" for "seeds for medicinal purposes, in a crude state, not otherwise provided for."

Upon investigation, it is ascertained that the seeds in question, which consist of the seeds of the ordinary quince, are valuable on account of possessing a mucilaginous substance which, although capable of use, and perhaps sometimes used as an external application in conjunctional ophthalmia, is much more generally used for toilet purposes, as a bandoline or "fixature" for the hair.

It is also ascertained that the seeds are not recognized, either commercially or otherwise, as medicinal seeds, or as possessing medicinal properties in any greater degree than many other descriptions of seeds, like the flax, which possess more or less medicinal. virtue, on account of the mucilaginous liquids contained therein.

The Department is therefore of opinion that the claim of the appellants is not well founded, and that your action in classifying the seeds under the provision in Schedule M for "all other seeds for agricultural and horticultural purposes," at a duty of 20 per cent. ad valorem, was correct.

Sugar-Regulations for uniform sampling.

TREASURY DEPARTMENT, January 9, 1880.

The following regulations for the uniform sampling of sugar, at the various ports of the United States, will hereafter be observed in lieu of those now in force, viz:

1. In regard to sugar in hogsheads, tierces, barrels, and boxes, the

packages of each mark shall be numbered from one upwards, as discharged from the vessel, the number to be scored on the marked head of the package; and at the same time the word "sample" shall be stenciled on the marked head of all packages designated for sampling.

2. The packages so designated, unless sampled as discharged, shall be placed in tiers on the wharf, with a space four feet six inches between the marked heads, the numbered and stenciled heads facing the said space, so as to be readily seen by the sampler.

3. The collector will be held solely responsible for the proper designation of sample-packages, as above indicated, and, when necessary, will require the same to be placed on the wharf as herein provided, in order to convenient sampling. These duties will be performed under

the supervision of the discharging inspector.

4. In regard to sugar in packages, except, as hereafter provided, twenty-five per cent. of each mark shall be sampled, unless the mark contains ten or less packages, when fifty per cent. shall be sampled; and the collector shall indorse on the permit for the guidance of the discharging inspector, and also on the invoice for the information of the appraiser, as follows: "Sample twenty-five per cent. alternate even (or odd) numbers," "Sample fifty per cent. even (or odd) numbers,” as the case may be, the collector varying the order in his discretion, so as to prevent possible collusion.

5. The sample-packages shall be selected in regular order as numbered; as, for example, when twenty-five per cent. is to be sampled, Nos. 2, 6, 10, &c., or Nos. 1, 5, 9, &c., will be taken, according as the alternate even or odd numbers are designated on the permit. When fifty per cent. is to be sampled, Nos. 2, 4, 6, &c., or Nos. 1, 3, 5, &c., will be taken, according as the even or odd numbers are designated on the permit; but, when there are broken or damaged packages, those numbers shall be selected which most nearly correspond with those designated on the permit. If twenty-five per cent. and not over fifty per cent. of any mark be damaged, then fifty per cent. of the sound packages shall be sampled. If over fifty per cent. be damaged, then all the sound packages shall be sampled.

6. When a resample is desired, a request for the same must be presented in writing within twenty-four hours after notice of the original classification has been given to the importer, and in all cases of resampling every package not before sampled must be sampled.

7. All sugar in packages, as stated, shall be sampled by putting the trier directly through the center of the package from end to end, one trierful to constitute a sample.

8. The samples as drawn shall be placed in tin boxes properly labeled as to number and mark for identification, and conveyed to the appraiser's department in chests securely locked, together with a letter of transmittal from the examiner in charge of the district, as per form furnished by this Department. In cases where, owing to the presence of broken or damaged packages, it is found impracticable to carry out the order of the collector on the permit, the fact shall be noted on the label and also in the examiner's letter of transmittal.

9. After sampling, the aperture shall be closed with a plug, which, in order to insure the proper responsibility, shall be stenciled with the initials of the sampler.

10. Of sugar in baskets not less than ten per cent., and of sugar in mats and bags not less than five per cent. shall be sampled; but when from the small number of packages embraced in any mark, or other reasons which, in the opinion of the examiner, may render it necessary, such percentage shall be sampled as will afford a fair representation of the sugar embraced in the mark, general samples to be made up on the wharves, as is the present practice. Sampling of baskets, mats, and bags will be done by triers furnished by the Department specially for that purpose.

11. At ports where a number of samplers are employed, no one sampler shall be continued at any particular wharf or dock, or be engaged upon the cargoes of any one firm longer than one month; but each sampler shall complete the sampling of any cargo upon which he may then be engaged before being transferred.

12. It is important, in order to the successful operation of the triers, that they be kept clean and free from rust. Suitable cleaning and polishing materials will be duly supplied to samplers, who are hereby particularly enjoined to take proper care of the implements.

13. Section 2882 of the Revised Statutes provides that imported sugars which shall be removed from the wharf without the consent of the proper officer, and before the quality has been ascertained, shall be forfeited, and may be seized by any officer of the customs or inspection.

14. In pursuance of the authority therein contained, it is directed that sugars shall not be removed from the dock without the written consent of the collector for such delivery, which consent shall not be given until the sampling shall have been fully completed.

15. Sugars removed from the wharf before such written consent, shall be seized and proceedings taken for forfeiture, as required by the section of law named.

16. In order that undue delay in the delivery of sugars may not occur, the officers in charge of sampling shall be afforded all necessary facilities for the prompt and correct discharge of that duty; and they will use all practicable dispatch in taking samples of sugar and forwarding the same to the appraiser for classification.

17. The sampling shall be done, as far as practicable, under the personal supervision of an examiner, who shall be held responsible by the appraiser for the strict and impartial enforcement of these regulations. JOHN SHERMAN,

COLLECTORS AND OTHER OFFICERS OF THE CUSTOMS.

Secretary.

(4387.)

Steam-vessels-Covering bales of cotton for transportation on.

TREASURY DEPARTMENT, January 10, 1880.

SIR: The Department has received your letter of the 13th ultimo, in which you state that owners and ginners of cotton in the New Berne market have adopted the plan required by the "International Cotton Exchange," of baling cotton with bagging in such a manner as to leave uncovered a space two feet in width on each side and across the head of the bale (leaving off the usual side-pieces), as per sketch which you inclose; and you ask, in view of section 4472, Revised Statutes, which requires cotton to be thoroughly covered when carried on passengersteamers, if this practice of cotton-shippers, in preparing their products in a certain form for market to meet what may be termed a commercial custom, would subject them to a penalty of five dollars for each bale deficiently covered, as prescribed in section 4473, Revised Statutes.

In reply, you are informed that section 4472, Revised Statutes, which requires cotton-bales, when shipped on passenger-steamers, to be thoroughly covered, must be observed, regardless of rules to the contrary passed by the "International Cotton Exchange." The opinion of the Department is that you have been misinformed as to the nature of these rules, as nothing similar to your description of them can be found in the published proceedings of the convention held at Liverpool, July 12 and 13, 1877. On the other hand, rule 14 of the by-laws and rules of the New York Cotton Exchange, 1879, pages 79, 80, makes allowance for sufficient material to meet the requirements of the law

for the covering of uncompressed cotton-bales from the gin, the last paragraph of said rule reading as follows:

The usual side-pieces not to be considered unnecessary bagging (side-pieces should consist each of no more than a single width of bagging running the whole length of the bale), nor shall three widths of the bagging be deemed unnecessary, provided they only run the length of the bale, the heads being protected by head-pieces of a single thickness of cloth. * * * Unnecessary bagging shall be understood to mean all bagging not absolutely essential to cover and protect the contents of the bale in a proper manner while in an uncompressed condition.

You will therefore notify shippers of cotton by passenger-steamers of the requirements of the law, which are not, as the preceding paragraph proves, in conflict with the interest of the cotton trade, and that the law must be complied with after the receipt of said notice, or the penalties provided in section 4473, Revised Statutes, will be enforced. Very respectfully,

JOHN SHERMAN,

Secretary.

COLLECTOR OF CUSTOMS, New Berne, N. C.

(4388.)

Hospital dues-Pilots and apprentices subject to.

TREASURY DEPARTMENT, January 13, 1880.

SIR: I have to acknowledge the receipt of your communication of January 5, transmitting a copy of a report of Captain Joseph Irish, commanding revenue steamer "Hamilton," dated December 12, charging pilot-boats "Henry Cope" and "Thomas Howard," of Philadelphia, with violation of section 2 of the act of March 3, 1875, and claiming that the pilots employed on each vessel should pay hospital dues, and in which you ask for instructions for your future guidance upon the points presented. In reply, you are informed that it appears from the report of Captain Irish that the pilot-boat "Henry Cope" employs twenty-four pilots, who are for a portion of the time employed on board the vessel, and the remainder of the time are engaged in piloting vessels up and down the Chesapeake Bay; and that pilot-boat "Thomas Howard" has thirty-two pilots similarly employed, and four apprentices. It also appears that the pilot-boats themselves are navigated by the apprentices a portion of the time.

The nature of the employment of pilots-i. e., that of being engaged