United States v. Sheldon

DISSENTING OPINION

Barber, Judge:

I dissent.

The long-established and well-settled rule is that—

When Congress has designated an article by a specific name, and by such name imposed a duty upon it, general terms in a subsequent act, or in a later part of the same act, although sufficiently broad to comprehend such article, are not applicable to it. Arthur v. Lahey, 96 U. S. 112; Vietor v. Arthur, 104 U. S. 498.

The main opinion recognizes this rule but rejects it, for the purposes of this case, with no justification therefor that I can discover. Of course, if Congress has, in a given statute,…