ARTHUR
v.
JACOBY
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Arthur v. Jacoby involved a dispute over the proper tariff duty classification for hand-painted artworks on porcelain ground imported into the United States. The Supreme Court held that because the porcelain base did not itself constitute chinaware and formed only an obscured ground for the paintings, the goods should be classified as paintings dutiable at ten percent ad valorem under Schedule M, rather than as decorated chinaware dutiable at fifty percent under Schedule B. The Court affirmed the lower court's directed verdict in favor of the importer, establishing that the essential nature of the goods as paintings, not decorated chinaware, determined their proper tariff classification.
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Mr. Chief Justice Waite delivered the opinion of the court.
This was a suit to recover back duties paid under protest. The bill of exceptions stated it was proven at the trial that all the goods charged with the duties were “ pictures painted by-hand, and their value depended on the skill of the particular artist who painted them, and the porcelain ground on which they were painted was only used to obtain a good surface on which to paint, and was entirely obscured from view when framed or set in any manner, and formed no material part of the value of said painting on porcelain, and did not in itself constitute an article of chinaware, being manufactured simply as a ground for the painting, and not for any use independent of the paintings.” The collector exacted a duty of fifty per cent ad valorem under the clause in schedule B, sect. 2604, Revised Statutes, relating to “ china, porcelain, and parian ware, gilded, ornamented, or decorated in any manner,” while the importer claims they were dutiable at ten per cent ad valorem only, under the clause in schedule M, which embraces “ paintings and statuary not otherwise provided ford’ In other words, the collector claimed they were decorated china or porcelain ware, and the importer that they were paintings on china or porcelain.
The evidence seems to have left no doubt on this subject, for it is expressly stated in the bill of exceptions to have been proved that the porcelain ground on which the painting was done “ did not in itself constitute an article of chinaware.” Such being the case, the painting which was done on it did not make it decorated chinaware. Confessedly the goods were paintings done by hand, and as it is not claimed they were “ otherwise provided for ’’ than as chinaware decorated, it follows the - court was right in directing a verdict in favor of the importer for the difference between ten and fifty per cent. It is a matter of no'importance in this case that the colors used were metallic, and that -the pictures were baked to make the colors more firm. If the jury had found a verdict in favor of the defendant, the court should have set it aside as against what is admitted to have been proved. Under such circumstances a judgment will not be reversed oh account of a positive instruction to find for the plaintift. Pleasants v. Pant, 22 Wall. 116. As tbe bill of exceptions states that tbe facts on wbicb tbe case depends were proved, we cannot say that tbe-admission in evidence of samples of “ similar ” importations on which duties bad been paid at ten per cent could have prejudiced tbe collector’s case. Tbe question wbicb tbe court decided was, that tbe goods were not china ware, but paintings.
Judgment affirmed,.
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Citator
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Forbes Lithograph Mfg. Co. v. Worthington, 132 U.S. 655 (U.S. 1889)…35, or “ artificial flowers,” though made of cotton, were dutiable as “ manufactures of cotton.” Arthur v. Rheims, 96 U. S. 143. The specific designation would prevail over the general words which otherwise embraced the article. In Arthur v. Jacoby, 103 U. S. 677, decorated porcelain ware being subject to one rate of duty and pictures to another, it was held that where it appeared that certain pictures had been painted by hand on porcelain, which, it was proved, “ did not in itself constitute an article of c…
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United States v. Perry, 146 U.S. 71 (U.S. 1892)…t to paintings on ivory, silk, leather and copper, having their chief value as works of art. The term was also held to include wall panels painted in oil and designed for household decoration. A like view was taken by this court in Arthur v. Jacoby, 103 U. S. 677, of pictures painted lay hand upon porcelain where the porcelain ground “ was only used to obtain a good surface on which to paint, and was entirely obscured from view when framed or set in any manner, and formed no material part of the value of sai…
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Dollar S. S. Line v. United States, 75 F.2d 444 (9th Cir. 1935)…d. 671; United States v. Garlinger, 169 U. S. 316, 18 S. Ct. 364, 42 L. Ed. 762; Central Pacific R. R. Co. v. United States, 164 U. S. 93, 99, 17 S. Ct. 35, 41 L. Ed 362; Philadelphia & Baltimore Central Railroad Co. v. United States, 103 U. S. 703, 26 L. Ed. 454; White Oak Canal Co. v. United States (C. C. A.) 15 F.(2d) 474. Judgment affirmed. 50 S. Ct. 148, 74 L. Ed. 356.…
Authorities Cited
- Pleasants v. Fant, 22 Wall. 116 (U.S. 1874)