Melville Fuller

“ It has just been held that the usage from which it may be inferred that congress intended to use particular words in a particular sense in a tariff act must be definite, uniform, and general, and that such designation is to be determined as of the date of the act. ”

“ He could not say that they were not bought and sold in trade and commerce as upholstery nails, and he admitted that they were sometimes so bought and sold as French, chair, and furniture nails. The evidence of a definite, general, and uniform usage was so slight, if any at all, that a verdict based upon it would be set aside; and the circuit court committed no error in striking it out, and in directing a verdict for defendant as to these particular nails. ”

“ Nor did the nails come within the second of the paragraphs, 'Britannia ware, and plated and gilt articles and wares of all kinds,' unless the principle of commercial designation could be properly applied, and such designation was made out; for we concur in the view that gilt articles and wares, taken in connection with Britannia and plated ware, mean articles actually gilded by overlaying, and not merely made to look gilt by rolling them in a secret chemical soultion. ”