MR. JUSTICE PECKHAM, after making the foregoing statement of facts, delivered the opinion of the court.
The office of general appraiser of merchandise was created by the twelfth section of the act of Congress approved June 10, 1890, commonly called the Customs Administrative Act. 26 Stat. 131, 136. The material portion of that section reads as follows:
"SEC. 12. That there shall be appointed by the President, by and with the advice and consent of the Senate...
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