Samuel Blatchford

“ If you believe that the importation in suit bears a similtude in material, quality, texture, or the use to which it may be applied, to an article composed of India rubber, then your verdict should be for the defendant. ”

“ The court further said to the jury: 'This action turns altogether upon a question of law on the constructions which are given to the act of congress; and as we wish to give further time to the consideration of this question, and to have argument before the full bench upon the subject, I instruct you that the law, as stated in plaintiff's first point, is a correct statement of the law, and in that view, under the facts here, the plaintiff is entitled to a verdict for the amount of duty exacted in excess of what should have been charged. ”

“ At the close of the testimony, the plaintiff requested the court to charge the jury as follows: ' (1) Articles composed of India rubber, within the meaning of the existing tariff laws, (section 2502, Schedule N,) are articles prepared or manufactured from India rubber, of which the preparation or manufacture constitutes some portion of their commercial value. ”