Samuel Blatchford

“ All of the evidence thus offered was ruled out by the court, on the ground that the act of congress had confided exclusively to the collector the selection of the merchant appraiser, and that the importer had no right to object to such selection; that the provisions of the statute were simply directory to the collector; that evidence tending to show that the person selected had not the requisite familiar knowledge of the subject-matter of the importation to enable him to discharge his duties satisfactorily, could not be regarded as sufficient ground for assailing the action of the collector ”

“ This an action at law brought in the court of common pleas for the county of Philadelphia, in the state of Pennsylvania, by the members of the copartnership firm of Thomas J. Mustin & Co., against the collector of the port of Philadelphia, and removed into the circuit court of the United States for the Eastern district of Pennsylvania, to recover the sum of $346.09, alleged to have been illegally exacted by the collector as duty on worsted yarn imported by the plaintiffs from Bremen, and entered at the custom-house July 1, 1886. ”

“ The statute in force at the time, applicable to the goods in question, was Schedule K, of section 2502 of the Revised Statutes, as enacted by the act of March 3, 1883, c. 121, (22 St. 509,) which imposes as duty on worsted yarns valued at above 40 cents per pound and not exceeding 60 cents per pound, 18 cents per pound, and in addition 35 per cent. ad valorem; and on the same article valued at above 60 cents per pound and not exceeding 80 cents per pound, 24 cents per pound, and in addition 35 per cent. ad valorem. ”