Page:Federal Reporter, 1st Series, Volume 4.djvu/521

 nr Efi DAvisoN. 607 �utes, and subjected to the same duty as in the act of 1872. If, in the commercial vocabulary, "tin plates" were known as manufactures of tin or iron, or iron and' tin, there would ba ground for the plaintiffs' position ; but they are not so known. The agreed case concedes "that the merchandise in question 'tin plates.*" �In Curtis v. Martin it was held that the charge to the jury, on the trial of the cause, that "it has long been a settled rule of construction of revenue laws, imposing duties on articles of a specified denomination, to construe the article according to the designation of such articles as understood and known in commerce, and not with reference to the materials of which they may be made, or the use to which they may be applied," was correct. 3 How. 109. Chief Justice Taney, in this case, remarks "that this rule of construction has been followed in every circuit where the question has arisen." �In EUiott V. Swartwmt, 10 Pet. 137, (12 Curtis, Ab. 46,) it was held that "worsted being a distinct article, well known in commerce under that name, worsted shawls with cotton bor- ders, and suspenders with cotton ends, were not manufacture» of wool, under the second section of the tariff act of July 14, 1832, (4 St. at Large, 583.) "It is a settled rule," say the court, "to construe the denomination of articles in tariff laws according to the commercial understanding of the terms used." �The judgment is for the defendant. ���In re Davison. {Dietrict Court, 8. D. New York. October 30, 1880.) �1. Desehtioii — Statdtb op LnnTATioNS — Rev. Bt. J 1342. — The one hundred and third article of war (Rev. St. § 1342) provides that " no person shall be liable to be tried and punished by a general court- martial for any ofEence which appears to have been committed more than two years before the issuing of the order for such trial; unless, by reason of having absented himself, or of some other manifest impedi- ment, he shall not have been amenable to justice within that perlod. B.M, that this article is applicable to the ofEehce of desertion. ����
 * * • is only known in commerce as * tin in plates ' or