13 gunman. ‘ nureiarun.
time he made it;" The reasoning in the case just cited, and in that of
Brown v. Belmarde, 3 Kan. 53, is directly applicable to the question
involved in this cause, and supports the conclusion. reached. ‘
The demurrer to the intervening petition is therefore sustained.
Fsnwnnn and others v. Srsnnme.
(0irouit Court, JV. D. Illinois. May 26, 1885.)
Cusroms DUTIEB;ADDlTIONAL Durr on Goons in Wnumonsm Mom: mm Om:
YnAn——Drurm or Omemiu. Irrronrruron,
Held that, as to goods which have been transported from an exterior port on
first arrival to an interior port of transportation, the words “date of original
importation" (section 2970, Rev. St.) mean the date of arrival of the goods
at the interior port of destination.
At Law.
Percy L. Shaman and Jo.·H. Defreee, Jr., for plaintiff.
Chester M. Dawes, Asst. U. S. Atty., for defendant.
Bnoncnrr, J., (orally.) The plaintiff in this case imported a quan-
tity of goods by way of the port of New York, from whencethey came
under bond to the port of Chicago, and within a year after their arrival
in Chicago, but more than a year after their arrival at the Atlantic
port, plaintiffs offered to pay the duties and charges, but the customs
officers here assessed an additional duty of 10 per cent. on the amount
of duties and charges due thereon. Heyl, pt. 1, p. 57, § 2970. The
plaintiff paid this added duty under protest, and now brings suit to
recover the same.
The law under which it was claimed this additional duty had been
incurred, reads as follows:
"Seo. 2970. Any merchandise deposited in bond in any public or private
bonded warehouse may be withdrawn for consumption within one year from
the date of original importation, on payment of the duties and charges to
which it may be subject by law at the time of such withdrawal; and after the
expiration of one year from the dute of original importation, and until the ex-
piration of three years from such a date, any merchandise in bond may be
withdrawn for consumption, on payment of the duties assessed on the original
- entry, and charges, and an additional duty of 10 per centum. on the amount
of such duties and charges. "
The only question in this case is, when does the year begin to run
as to goods transported from an exterior to an interior port, and ware-
housed in bond at the interior port? Does it begin to run from the
date of the arrival of the goods at the exterior or interior port? The
statute says, "within one year from the date of original importation."`
A careful examination of the legislation by congress, out of which has
been developed our present system of transporting goods in bond from
their port of first arrival to their interior port of destination, and there