U.S. Circuit Court for the District of Southern New York, 1900

Downing v. United States

Downing v. United States
U.S. Circuit Court for the District of Southern New York · Decided February 20, 1900 · Lacombe
124 F. 107; 1900 U.S. App. LEXIS 4949
Downing v. United States

Opinion of the Court

LACOMBE, Circuit Judge

(orally). There is apparently a clerical’ error in the printed opinion of the board in referring to paragraph 66i when it apparently means paragraph 568. As to the - suggestion that the word “fishery” is used in any narrow or restricted sense in that paragraph, requiring the article captured to be a fish, to be caught with, a hook and line, or net, or something of that kind, it is sufficient to refer to the paragraph itself, which provides and contemplates such fisheries as the taking of a whale, which is a mammal, and is shot with a. harpoon. There is no reason, therefore, for requiring any narrow technical meaning of the -word “fishery.” ' On the facts found by the board — and they seem to be supported by the certificate of the consul' —I concur in their conclusion that this is fairly a product of American fisheries, and as such entitled to a free entry.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.