United States v. Consolidated Kansas City Smelting & Refining Co.

In 1899—see In re Puget Sound Reduction Co. (96 Fed., 90)— the Circuit Court considered the methods of determining the lead content of ores imported under the provisions of statutes then in force, referred to in its opinion. Among other things the court held in substance that the method of assaying contemplated by the statutes was the commercial method, that no other would satisfy the law, and that what was such method must be determined upon the evidence. It was held that the fire assay was the commercial method, and in discussing the evidence the court said that while the wet process was…