(Endorsed:) No. 3132. United States circuit court, southern district of New York. W. H. Crossman & Bro. vs. The United States. Consent and order. Curie, Smith & Maxwell, attorneys for importers, 22 William St., N. Y. city. U. S. circuit court. Filed Dec. 14, 1900. John A. Shields, clerk. At a stated term of the circuit court of the United States of America for the southern district of New York, held at the United States circuit court rooms in the post-office building in the city of New York, on the 13th day of December, in the year of our Lord one thousand nine hundred. Present: The Hon. William K. Townsend, judge. GEORGE W. CROSSMAN ET AL. vs. THE UNITED STATES. "A." Suit No. 3132. The above cause coming on for hearing and determination before this court on the application of William H. Crossman et al., importers, for a review of the questions of law and fact involved in the decisions of the board of U. S. general appraisers herein, and on the return of the board of general appraisers of the record and evidence taken by them, with their certified statement of the facts involved therein, together with their decisions thereon Now, after hearing Henry C. Platt, assistant U. S. attorney, on behalf of the collector for affirmance, and W. Wickham Smith, Esq., counsel for the said importers, for reversal, on motion of Henry L. Burnett, U. S. attorney It is ordered, adjudged and decreed that there was no error in said proceedings before said board of general appraisers, and that their decisions herein be, and the same are hereby, in all things affirmed. WM. K. TOWNSEND, U. S. Judge. (Signed) (Endorsed:) "A:" Suit No. 3132. U. S. circuit court, southern dist. of New York. George W. Crossman et al. vs. The United States. Judgment of affirmance. Henry L. Burnett, U. S. attorney. U. S. circuit court. Filed Dec. 13, 1900. John A. Shields, clerk. United States Circuit Court, Southern District of New York. GEORGE W. CROSSMAN ET AL., &C., The above-named importers G. W. Crossman, et al., conceiving themselves aggrieved by the decision entered on the 14th day of December, 1900, affirming the decision of the board of general appraisers, do hereby appeal from said decision to the Supreme Court of the United States, and they pray that this appeal may be allowed and that a transcript of the record and proceedings and papers upon which said decision was made, duly authenticated, may be sent to the Supreme Court of the United States. Dated New York, December 14th, 1900. CURIE, SMITH & MAXWELL, Attorneys for Appellant-, 22 William Street, New York City. It is hereby certified that the questions involved in this case, described in the annexed appeal, are, in view of this court, of such importance as to require a review of the decision of this court by the Supreme Court of the United States and the appeal from said decision to said Supreme Court of the United States is therefore hereby allowed. Dated New York, December 14th, 1900. WM. K. TOWNSEND, Judge. (Endorsed:) No. 3132. United States circuit court, southern district of New York. George W. Crossman et al. vs. The United States. Petition & allowance of appeal. Curie, Smith & Maxwell, att'ys for appellants, 22 William St., N. Y. city. A copy of the within paper has been this day received at this office. Dec. 15, 1900. Henry L. Burnett, U. S. attorney. U. S. circuit court. Filed Dec. 14, 1900. John A. Shields, clerk. United States Circuit Court, Southern District of New York. GEORGE W. CROSSMAN ET AL., ETC., vs. THE UNITED STATES. # 3132. Please take notice that the undersigned on behalf of G. W. Crossman, et al., hereby appeal from the decision of this court, rendered herein and entered on the 14th day of December, 1900, to the Supreme Court of the United States. Dated New York, December 14th, 1900. Yours, etc., CURIE, SMITH & MAXWELL, Attorneys for Appellant-, # 22 William St., N. Y. City. To Henry L. Burnett, Esq., U. S. district attorney, and John A. Shields, clerk U. S. circuit court. (Endorsed:) No. 3132. United States circuit court, southern district of New York. G. W. Crossman et al. vs. The United States. Notice of appeal. Curie, Smith & Maxwell, att'ys for appellants, 22 William St., N. Y. city. U. S. circuit court. Filed Dec. 15, 1900. John A. Shields, clerk. Supreme Court of the United States. GEORGE W. CROSSMAN ET AL., ETC., VS. THE UNITED STATES. Assignment of Errors. #3132. Now come before the Supreme Court of the United States the said George W. Crossman, et al., composing the firm of W. H. Crossman & Bro., and say that in the record of the proceedings aforesaid there is manifest error in this, to wit: The circuit court erred— 1. In holding that the Hawaiian islands were a foreign country within the meaning of the enacting clause, section 1 of the tariff act of July 24, 1897. 2. In holding that the merchandise brought to New York from the Hawaiian islands in April, 1900, was subject to duty under the tariff act of July 24, 1897. 3. In not holding that the provision in the joint resolution of July 7th, 1898, annexing the Hawaiian islands, that "until legislation shall be enacted extending the United States customs laws and regulations to the Hawaiian islands, the existing customs relations of the Hawaiian islands with the United States and other countries shall remain unchanged" was in conflict with subdivision 1, section 8, article 1, of the Constitution of the United States, providing that "all duties, imposts and excises shall be uniform throughout the United States." 4. In not holding that the above-quoted provision of said joint resolution of July 7, 1898, annexing the Hawaiian islands, was in conflict with the provisions of subdivision 5, section 9, article 1 of the Constitution of the United States that "no tax or duty shall be levied on articles exported from any State." 5. In not holding that the merchandise brought from the Hawaiian islands to New York in April, 1900, was exempt from duty as merchandise brought from one part of the territory of the United States to another part. 6. In not sustaining the protest of the importers herein and reversing the decision of the board of United States general appraisers. 7. In affirming the decision of the board of general appraisers herein and overruling the protest of the importers. Dated New York, December 14th, 1900. CURIE, SMITH & MAXWELL, Attorneys for Importers, Appellants, 22 William Street, N. Y. City. (Endorsed:) No. 3132. Supreme Court of the United States. George W. Crossman et al., &c., vs. The United States. Assignment of errors. Curie, Smith & Maxwell, attorneys for importers, 22 William St., N. Y. city. U. S. circuit court. Filed Dec. 15, 1900. John A. Shields, clerk. Know all men by these presents, that I, William H. Northup, am held and firmly bound unto the United States of America in the sum of two hundred and fifty dollars, to be paid to the said United States of America. For the payment of which well and truly to be made, I bind myself, my heirs, executors and administrators, jointly and severally firmly by these presents. Sealed with my seal, and dated the 15th day of December in the year of our Lord one thousand nine hundred. Whereas, George W. Crossman et al. have appealed to the Supreme Court of the United States from a decision of the United States circuit court for the southern district of New York, affirming a decision of the board of United States appraisers made upon the entry of certain merchandise imported by them per S. S. Coastwise, April 28, 1900: Now, therefore, the condition of this obligation is such, that if the above-named George W. Crossman et al. shall prosecute said proceeding with effect and pay all damages and costs which shall be awarded against them therein, if they shall fail to make said proceeding good, then this obligation shall be void, otherwise the same shall be and remain in full force and effect. (Signed) WM. H. NORTHUP. [SEAL.] Sealed and delivered and taken and acknowledged, this 15th day of December, 1900, before me. (Signed) UNITED STATES OF AMERICA, F. FINKLER, [SEAL.] Southern District New York, } 88: William H. Northup, being duly sworn, deposes and says that he does business in the southern district of New York, in the city of New York; that he is worth the sum of two hundred and fifty dollars over and above all his just debts and liabilities. (Signed) Sworn to this 15th day of December, 1900. (Signed) WM. H. NORTHUP. F. FINKLER, [SEAL.] This bond is approved as to form and amount and sufficiency of surety. Dated New York, December 15th, 1900. (Signed) WM. K. TOWNSEND, Judge. By the Honorable William K. Townsend, one of the judges of the circuit court of the United States for the southern district of New York, in the second circuit, to the United States of America, Greeting: You are hereby cited and admonished to be and appear before a Supreme Court of the United States, to be holden at Washington, D. C., on the 10th day of Jan'y, 1901, pursuant to a petition filed in the clerk's office of the circuit court of the United States for the southern district of New York, wherein George W. Crossman, et al., appeal from a decision against them rendered by the circuit court for the southern district of New York, on December 13, 1900, and you are to show cause, if any there be, why the decision in said United States circuit court mentioned should not be corrected and speedy justice should not be done in that behalf. Given under my hand at the borough of Manhattan, in the city of New York, in the district and circuit above named, this 17th day of December, in the year of our Lord, one thousand nine hundred and of the Independence of these United States the one hundred and twenty-fifth. (Signed) WM. K. TOWNSEND, Judge. (Endorsed:) Supreme Court of the United States. George W. Crossman et al. vs. The United States. Citation. Curie, Smith & Maxwell, attorneys for importers, 22 William St., N. Y. city. A copy of the within paper has been this day received at this office. Dec. 17, 1900. Henry L. Burnett, U. S. attorney. U. S. circuit court. Filed Dec. 17, 1900. John A. Shields, clerk. I, John A. Shields, clerk of the circuit court of the United States of America for the southern district of New York, in the second circuit, do hereby certify that the foregoing pages, numbered from one to 29, inclusive, contain a true and complete transcript of the record and proceedings had in said court in the cause entitled George W. Crossman et al., &c., appellants, against The United States, appellee, as the same remain of record and on file in my office. In testimony whereof I have caused the seal of the said court to be hereunto affixed, at the city of New York, in the southern district of Seal of U. S. Circuit Court, New York, in the second circuit, this 17th day of December, in the year of our Lord one thousand nine hundred, and of the Independence of the said United States the one hundred and twenty-fifth. JOHN A. SHIELDS, Clerk. [Two-cent United States internal-revenue stamp, canceled Dec. 17, 1900.] [Endorsed:] United States Supreme Court. George W. Crossman et al., appellants, vs. The United States of America, appellee. Transcript of record from the circuit court of the United States for the southern district of New York. Endorsed on cover: File No., 18,000. S. New York C. C. U. S. Term No., 515. George W. Crossman et al., appellants, vs. The United States. Filed December 18th, 1900. |