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United States v. G. Falk & Brothers, 204 U.S. 143 (1907)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. G. Falk & Brothers, 204 U.S. 143 (1907)
United States v. G. Falk & Brothers No. 259 Argued December 4, 1906 Decided January 7, 1907 204 U.S. 143
CERTIORARI TO THE CIRCUIT COURT OF
APPEALS FOR THE SECOND CIRCUIT
Syllabus
While the primary purpose of a proviso is to qualify only the provision of the statute to which it is appended, a presumption of such purpose will not prevail against a demonstrative test that the legislative intent was that the proviso was of general application. The Attorney General having construed the proviso of § 50 of the Tariff Act of 1890 as not restricted to the matter immediately preceding it, but as of general application, and this construction having been followed by the executive officers charged with the administration of the law, Congress will be held to have adopted that construction in the enactment of § 33 of the Tariff Act of 1897 and to have made no other change except to require as the basis of duty the weight of merchandise at the time of entry instead of its weight at the time of its withdrawal from warehouse. The proviso in § 20 of the Customs Administrative Act only refers to cases in which a change in the rate of duty has been made while the merchandise is in bonded warehouse, and not to difference in weight.
145 F. 484 reversed.
The facts are stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," United States v. G. Falk & Brothers, 204 U.S. 143 (1907) in 204 U.S. 143 204 U.S. 145. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=SWVWW73GM9L6ATK.
MLA:
U.S. Supreme Court. "Syllabus." United States v. G. Falk & Brothers, 204 U.S. 143 (1907), in 204 U.S. 143, page 204 U.S. 145. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=SWVWW73GM9L6ATK.
Harvard:
U.S. Supreme Court, 'Syllabus' in United States v. G. Falk & Brothers, 204 U.S. 143 (1907). cited in 1907, 204 U.S. 143, pp.204 U.S. 145. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=SWVWW73GM9L6ATK.
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