The New York herald., 1876-10-10
GENERAL WASHINGTON DISPATCHES.

WASHINGTON, Oct Q, 1915
THE HAWAIIAN TREATY AND ITS xYFRcT-Dx-
cIsIoSs ON APPEAL FROM THE COLLECTOR
OF CUSTOMS AT BOSTON.
The Treasury Department has received and con-
fidered sundry appeals decisions OF the Collector
OF Customs at Boston assessing duty on sugars I'm.
ported to tnat port subsequently to the act carrying
into effect tho treaty between the United States and
Hawaiian Islands providing for the free entry OF ccr-
tam products Of those Islands, including sugar, on
reciprocity basis The importations to which the ap-
pcas refer respectively from the Dominican Rcpuo-
lie and from Porto Rico, and the claim for free entry
Is based upon treaty stpula,ons with tho respective
countries from which the mportations are made to the
effect that higher other duty shall be imposed on
the products thereof than or shall be imposed on
like articles the product OF any other foreign country
The claim OF tho appellants rejected for reasons
Firs-Lhe privilege of importing, free OF duty,
tain products of the Hawaiian Islands, is based upon
reciprocal privilege of like character with reference to
products OF the United States tho products OF
either country entitled to the benefits Of such reci
prociiy being specifically enumerated No such enum-
Grafton is found in either Of The existing treaties with
ST. Domingo and Spain, nor is tho department In
possession OF any information. official or otherwise
which enables It 10 determine, in case It should decide
to admit any particular product OF either Of those
countries duable 10 free entry, to what extent
under what conditions and as to what products Of the
United States such privilege would be recprocatcd by
reasonable ground OF certainty that such reciprocity
would exist, and the duties on the importatons In
question might be waived without any corresponding
Lenedt TO the citizens or government or the United
States.
Second-The treaty stpulatons upon which such
claim is based may, perhaps, be construed to mako t
optional with the respective governments 10 take steps
for the establishment OF system OF reciprocity sim
lar to that existing between the Hawaiian Islands
and the United States but cannot, in the op,non OF
the department., bo construed asto justify the as
sumption that sucn system Is Dy operation OIL law
already established.
1hrd-The products of tho Hawaiian Islands are ad-
mited free, not by reason OF the treaty alone ouI oy
OF the Of Congress passed expressly for the
purpose of carrying into effect and prescribing the con-
dtons under which only II could becom9 operative, and
nothing contained Ia the act which would justify tho
department extending tho privileges OF said treaty
10 importations from any other country.
Another point made by the appellants 10 that under
section Of the rst article of tho Constitution Of tho
United States tho port OF Boston Is entitled to all the
advantages and benefit given by any regulation Of
10 any port Of the United States
The provision OF tho constitution referred 10 fol-
lows
No preference shall be given by any regulation OF
those OF another.
This point is ovsrruled by tho department leaving
tho constitutional question, II any be involved for
adjudication by the proper tribunal, and the appel
lanis must consequently be RENTED to their legal
remedy Congress Tor any relief in the premises
to which they may ssiil deem themselves entitled
THE UNWILLING OF THE STATUE OF oxNERAL
M'rHxRsoy.
Tho President has issued order directing that the
Executive departments be closed the 18th inst, the
day set apart for the unveiling Of tho Mcpherson
statue
REQUESTED TO RESIGN.
William Ireland. chief clerk OF the Bureau Of the
Third Assistant Postmaster General, and Chase An
Of IN 6no dtvtc havo
signed to take effect on the 31st inst Their reslgna
tons were requested by Postmaster General Tyner fol
reasons which do any way relate to their official
intcg rity.