694

FEDERAL REPORTER,

vol. 71.

"gorings" were not wrought by hand or braided by machinery, but were woven on a loom. The supreme court' reversed the circuit court, holding them dutiable under the paragraph above quoted, as such a conclusion was possible only upon a construction of the paragraph which did not carry back the words "wrought by hand or braided by machinery" as a qualification of the word "gorings," in the long enumeration of articles referred to. The position in the sentence of the words "dress trimmings," in the paragraph now under consideration, is not sufficiently variant bom that of the word "gorings," in the earlier paragraph,to call for any different application of the qualifying words, "wrought by hand," etc. Therefore the latter do not restrict the words "dress trim· mings" so that they will not cover the importations of appellants here, which are dress trimmings woven on a loom. The decision of the circuit court is affirmed.
SHOELLKOPF, HARTFORD & MacLAGAN, Limited, v. UNITED STATES. (Circuit Court of Appeals. Second Circuit, No. 27.
CUSTOMS DUTIES-CLASSIFICATION-PARAFFINE.

January 8, 1896.)

The clear olly liquid described in the German Pharmacopceia as "Parafinum Uq. Ph: G.," and consisting of a mixture of the higher fluid members of the paratline series of hydrocarbons, was entitled to free admission under paragraph 671 of the act of October I, 1890, as "paraffine," and was not dutiable under the designation. "Products or preparations known as alkalies * * *, distllled olls, * * * and all combinations of the foregoing," contained in paragraph 76.

Appeal from the Circuit Oourt of the United States for the Southern District of New York. This was an appeal by ShoelIkopf, Hartford, and MacLagan from a decision of the board of general appraisers sustaining the action of the collector of the port of New York in respect to the classification for duty of certain articles imported by the appellants. The circuit court affirmed the collector's decision, and the importers thereupon appealed to this court. Albert Comstock, for appellant. Jas. T. yan Rensselaer, for appellee. Before WALLACE, LACOMBE, and SHIPMAN, Circuit Judges. LACOMBE, Circuit Judge. The importation in this case was invoiced as "Parafinum Liq. Ph: G.," which the testimony in the case shows to be the Latin name of the article in the German Pharmacopreia. It is a mixture of the higher fluid members of the paraf· fine series of hydrocarbons; and is a clear, oily liquid obtained from petroleum, ozokerite, or some similar mineral substance. Hard paratfine (parafinnm durum), which is also sometimes known as "paraffine wax," is also a mixture of· the higher members of the paraffine series of hydrocarbons. Both the hard and the liquid forms

KAISERBRAUEREI, BECK & CO. V. J. & P. BALTZ BREWING CO.

695

are obtained from distillation. There is also a soft paraffine, popu· larly known as "vaseline." "Paraffine oil," which is known to com· merce, is, as the witnesses for the government testify, a different article from the importation in this case. The collector classified the merchandise for duty under paragraph 76 of the tariff act of October, 1890, which reads:
"76. Products or preparations known as alkalles, allmlolds, distilled olls, essential oils, expressed oils, rendered oils, and all combiuations of the foregoing and all chemical compounds and.salts not specially provided for in this act twenty five per centum ad valorem."

The contend that it is free, under paragraph 671 of the free list, which reads simply: "671. Paraffine." If the article be in fact paraffine, it is covered by this last-quoted paragraph, which is manifestly more specific than the general enumeration of distilled oils in paragraph 76. The counsel for the government contends that the word "paraffine" in the free list refers only to the hard or waxy substance, but the e-ddence does not support such contention. There for the name of the article is no question of commercial has no peculiar meaning, when used in trade, different from its popular meaning. The proof shows that paraffine is now found in three forms,-the fluid, the soft, and the hard. Even in Webster's Dictionary, cited by counsel for the government, paraffine is described as resembling spermaceti, and fusing at 120 0 to 1360 F., and also as existing in the form of an oil. Originally, no doubt, it was produced only in the waxy form, but improvements in the methods of distillation have resulted in its production in either of the three forms deof the single word "paraffine," without scribed. The use by any qualification, manifests an intention to cover at least all varieties of the article which were known when the act was passed, and, as liquid paraffine was at that time one of the known forms of paraffine, it comes within the provisions of paragraph 671. The decision of the circuit court is reversed.

KAISERBRAUEREI, BECK & CO. v. J. & P. BALTZ BREWING CO. (Circuit Court, E. D. Pennsylvania. December 18, 1895.)
No.. 62, April Term, 1892TBADE-MARKS-"KAISER" BEER.

The word "Kaiser," as applied to beer, which has become known In the United States, under that name, as the product of a particUlar German brewer, is a valid trade-mark In ·he United States, though, under the law of Germany, it could not be adopted as SUCh.

This was a suit by Kaiserbrauerei, Beck & Co. against the J. & P. Baltz Brewing Company to restrain the infringement of plaintiff's trade-ma,rk. The cause was heard on the pleadings and proofs. Goepel & Raegener, for complainant. Biddle & Ward, for defendant.