United States v. Jahn
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. August 15, 1890, Gr. A. Jahn & Go. imported into New York some casks of molasses, which on.the 28th of that month they withdrew from warehouse and exported to Montreal for the benefit of the drawback. Upon such withdrawal and exportation, the collector of customs at New York exacted a charge of ten cents per cask for gauging the molasses under the provisions of section 3023 of the Kevised Statutes.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. August 15, 1890, Gr. A. Jahn & Go. imported into New York some casks of molasses, which on.the 28th of that month they withdrew from warehouse and exported to Montreal for the benefit of the drawback. Upon such withdrawal and exportation, the collector of customs at New York exacted a charge of ten cents per cask for gauging the molasses under the provisions of section 3023 of the Kevised Statutes. The importers protested against the charge for gauging, claiming that it had been abolished by the 22d section of the act…
1Opinion of the CourtChief Justice Fullee
This case was docketed here under the title: “ In the matter of the application of Gustave A. Jahn & Co. upon certain merchandise entered by the ‘ Alps,’ August 15, 1890,” but the correct title is United States v. Gustave A. Jahn et al., for the reasons given by Mr. Justice Gray in United States v. Hopewell, 5 U. S. App. 137.
Counsel for the importers denies .that the Circuit Court of Appeals had authority to certify the question of the jurisdiction of the Circuit Court to this court because that question was not in issue in the Circuit Court or raised in any way; and, if it had been in issue,…
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