Joseph McKenna

“ Were some to be dutiable at one rate and some at another rate? If made of plain glass, were they to be dutiable at 60 per centum under paragraph 108; if tinted or made to the color of some precious stone, were they to be dutiable at 10 per centum under paragraph 454? No reason is assigned for such discrimination, and we are not disposed to infer it. It is a more reasonable inference that beads threaded of all kinds were intended to be dutiable at a higher rate than beads unthreaded, and if there can be a choice of provisions that intention must determine. ”

“ An imitation of a precious stone may be a manufacture of glass, but the latter is not necessarily an imitation of a precious stone, or, more narrowly, an imitation of a precious stone within the meaning of a tariff statute. ”

“ If we should regard it literally, and concede that, though conflicting, it preponderates in favor of the view that the articles imported were known in trade as imitations of precious stones, we do not consider that that alone should determine our judgment. If the testimony shows the articles to be imitations of precious stones, it also shows them to be beads, and it is stipulated that they were 'in fact beade,' and were 'in fact threaded or strung' at the time of their importation. ”