Legal Opinion · Dissent

M. H. Pulaski Co. v. United States

Court of Customs and Patent Appeals

Decided May 26, 1915No. 1346; No. 1353; No. 1355; No. 1364; No. 1370; No. 1391; No. 1392; No. 1393; No. 1394; No. 1395; No. 1396; No. 1399; No. 1410; No. 1440Published

STATEMENT. These 14 eases, commonly known as the “Five Per Cent Oases,” involve the construction of certain paragraphs in the tariff act of 1013 that are a part of section 4 and are in text as follows: “B. That nothing in this act contained shall he so construed as to abrogate or in any manner impair or affect the provisions of the treaty of commercial reciprocity concluded between the United States and the Kepuhlic of Cuba on the eleventh day of December, nineteen hundred…

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STATEMENT. These 14 eases, commonly known as the “Five Per Cent Oases,” involve the construction of certain paragraphs in the tariff act of 1013 that are a part of section 4 and are in text as follows: “B. That nothing in this act contained shall he so construed as to abrogate or in any manner impair or affect the provisions of the treaty of commercial reciprocity concluded between the United States and the Kepuhlic of Cuba on the eleventh day of December, nineteen hundred and two, or the provisions of the act of Congress heretofore passed for the execution of the same, except as to the…

1Dissent

DISSENTING OPINION.

De Vries, Judge:

The issues are aptly stated in the majority opinion. I am regrettably not in accord therewith and respectfully submit the following considerations:

The tariff act of 1913, among other matters, enacted in the order below recited certain provisions, which, together with treaty Article I of the treaty of 1852 with Netherlands (10 Stat., 982), also quoted, fairly present the laws to be construed:

Be it enacted by the Senate and Bouse of Representativos of the United States of America in Congress assembled, That on and after the day following the passage of this…

2Cases cited72 opinions

  1. Jacobson v. MassachusettsSupreme Court of the United States · 1905
  2. Field v. ClarkSupreme Court of the United States · 1892
  3. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  4. Edye v. RobertsonSupreme Court of the United States · 1884
  5. United States v. KirbySupreme Court of the United States · 1869

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