MR. JUSTICE HARLAN delivered the opinion of the court.
By sect. 15 of an act approved March 2, 1867 (14 Stat. 481), the Secretary of the Treasury was authorized to "adopt, procure, and prescribe" for use hydrometers, weighing and gauging instruments, meters, or other means for ascertaining the strength and quality of spirits subject to tax, or for preventing or detecting frauds by distillers of spirits.
On the 18th of April, 1867, the Secretary adopted the...
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