Summary

Oliver Wendell Holmes, Jr. United States v. Whitridge (197 U.S. 135…

As we have said, it would be only by a very literal construction of the earlier part of § 25 that the collectors would be bound to estimate the value of a cargo invoiced in rupees by the bullion of the rupee when, in the invoice, rupee meant a certain fraction of a pound. But, however that may be, we are of opinion that when the Secretary has satisfactory evidence of that state of facts, under the proviso he is authorized to order a reliquidation in order to make the value in United States currency correspond with the actual value of the goods.
Source: Wikisource

Oliver Wendell Holmes, Jr. United States v. Whitridge (197 U.S. 135…

While no doubt the grammatical and logical scope of a proviso is confined to the subjectmatter of the principal clause, we cannot forget that in practice no such limit is observed, and when, as here, we are dealing with an addition made in new circumstances to a form of words adopted many years before, the general purpose is a more important aid to the meaning than any rule which grammar or formal logic may lay down.
Source: Wikisource

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