U.S. Court of Appeals for the Second Circuit, 1909

United States v. Morningstar

United States v. Morningstar
U.S. Court of Appeals for the Second Circuit · Decided March 16, 1909 · Coxe, Eacombe, Noyes
168 F. 541; 94 C.C.A. 123; 1909 U.S. App. LEXIS 4467

Counsel

J. Osgood Nichols, Asst. U. S. Atty., Everit Brown, for appellees.

United States v. Morningstar

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

PER CURIAM.

The relevant paragraphs are both on the free list and read as follows:

“Par. 695. Wax, vegetable or mineral.”
“Par. 633. Paraffin.”

The importation is known as “carnauba wax substitute”; carnauba wax being a vegetable wax. The government’s chemist admits that, although the so-called mineral waxes are not regarded as waxes in the chemical sense, paraffin belongs to that group. Evidently Congress used the words “mineral wax” in their popular sense; otherwise, they would cover nothing. The article in question is compounded of carnauba wax and paraffin, and when completed is to all appearance a waxy substance, used for the same purpose as are other waxes, and containing no animal wax. We concur with the board and the Circuit Court.

The decision is affirmed.

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