United States v. American Bead Co.
Court of Customs and Patent Appeals
Appeal from Board of United States General Appraisers, Abstract 42788. [Oral argument Mar. 26,1919, by Mr. Hanson and Mr. Klingaman.]
1Dissent
DISSENTING OPINION.
De Vries, Judge:
I dissent. The paramount rule of statutory construction is and ever has been that the intention of the legislature when ascertained, the statute being valid, must prevail. All others aré subordinate and must yield to this superior rule of construction.
Justice Story, Chief Justice Marshall, and a unanimous court concurring, thus tersely stated the rule in Wilkinson v. Leland (2 Pet., 27 U. S., 627-662):.This is a legislative act, and is to be interpreted according to the intention of the legislature, apparent upon its face. Every technical rule, as to the…
2Cases cited18 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Hawaii v. MankichiSupreme Court of the United States · 1903
- Oates v. National BankSupreme Court of the United States · 1879
- Smythe v. FiskeSupreme Court of the United States · 1874
- American Bead Co. v. United StatesCourt of Customs and Patent Appeals · 1916
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