Page:Federal Reporter, 1st Series, Volume 10.djvu/894

■882 FEDERAL REPORTER. �list we find "collections of antiquity, specially imported, and not for ���Assumingthat the articles in question were originally imported for sale, and were in fact designed to be sold, upon the second importa- tion from Canada, it is claimed on behalf of the government that they are not covered as free by either of the sections of the free list quoted — i. e., not by the last, since they were in fact for sale 5 and not by the first, on the ground that that clause is to be ihterpreted ejusdem generis as referring to articles similar to "coins or medals." The reason urged for such a limited construction of the first clause above quoted is in order to give some substantial effect to the latter clause. If these two provisions had been originally enacted together as parts of one statute, there would be ground for this construction; but an examination of the prior legislation satisfies me that this con- struction is unsound in this case. The second provision, "collections of antiquity, specially imported, and not for sale," was first enacted by the act of July 14, 1870, (16 St. at Large, 365,) which, by section 22, declares that "in addition to imported articles now by law exempt from duty, and not herein otherwise provided for, the following ar- ticles hereinafter enumerated and provided for shall also be free," among which is found "collections of antiquity, specially imported, and not for sale." This section, it will be noticed, is expressly declared to be designed to extend "the free list" to additional articles, and it does so to a large extent. There is nothing in section 22, or any other portion of the act of 1870, "otherwise providing" for the articles in question. If they were free by the pre-existing law, there is noth- ing in the act of 1870 which declares them dutiable, and the declared general purpose of that act to extend "the free list," and not to re- strict it, should prevent any construction which would niake free goods dutiable by implication merely. �The clause first quoted from "the free list," viz., "cabinets of coins, medals, and all other collections of antiquities," has existed without change, and in the same identical words, ever since the tariff of 184G, (9 St. at Large, 49.) It was re-enacted in the tiariff of 1857, (11 St. at Large, 194,) and in the tariff of 1861, (12 St. at Large, 194,) and continued without change until incorporated in the same words in section 2505 of the Revised Statutes. Under this provision, which thus appears to have been in force for nearly a quarterof a eentury, it seems to me impossible to hold that the arti- cles in question were not, prior to the act of 1870, clearly eiititled to ��� �