New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-04-20
PRICE FOUR CENTS.
NEWS FROM WASHINGTON.
SECTION SEVEN OF THE TARIFF LAW.
SECRETARY FoLGER ASKED TO RECONSIDER 4
TREASURY RULING
fBY TELEGRAPH TO THE TRIBUyE.I

TREASURY
fBY TELEGRAPH THE TRIBUNE.l
WASHINGTON, April 19.-As counsel for the United
States Potters Association, ex- Congressman Robe
son made an important argument before Secretary
Foger, to-day IN favor of the proposition that
tion 7'of the new Tariff law repeating the duties
charges commissions. etc., will not become opera
tive until July 1, when the remainder of the law
will go into effect. Some time ago Treasury rul-
ing was made to the effect that section became
operative Immediately upon the approval of the
law but at that time the matter in all its bearings
was not brought to the attention of Secretary Fol-
ger for his judicial consideration and decision. He
listened attentively to Mr.. Robesons argument to-
day and will further reconsider the subject.
The burden of Mr.. Robeson's argument was that
the Tariff law must be construed as a whole; that
title thrty-three imposing new duties to take effect
July establishes system, and that the rest OF
the act simply provides the machinery and method
of collecting duties, and is supplementary to and
dependent upon the primary and affirmative act
which it was enacted to carry out. Mr.. Robson
noted and dwet upon the single exception found In
section II, which provides that the new duties on
sugar shall take effect and after the first day
of June, Ammo Domini 1882; and declared that
the terms OF this exception strengthened his position
that all other provisions affecting rates OF duty
will become operative on the date fixed by section
6-that Is July 1, 1888
Mr.. Robeson also argued that sections and
are substantially one provision, relating to idcn-
tcally the same subject matter One repeating the
provision which makes charges, commissions, ETC..
part of the dutable value of goods, and the other
providing for the changes in method and machinery
necessary to carry out that repeal.
Mr.. Robson maintained that if mere technical
construction is to be insisted upon then tue words
&" the following sections" used in section must
be held to cover all the following sections OF tho
act, including section 7and to limit everything to
July |. But he contended that such narrow
rule of construction is necessary. He said:
1T Is clear that the provisions eff sec
ton 7 are to be construed as TO the time
when they go into effect by the limitations
fixed in section for tb operation of the system OF
which it is part and by the limitation fixed in
section for the operation OF the changes
deemed by the Legislature necessary to put the pro-
visions of section itself into operation"
In summing up Mr. Robson argued that TO hold
that section becomes operative before the sections
which make the new system are substituted for the
old system, would he dlsorganizng,
and not harmonizlng construction. lt
would not give, to the new law tSS
effect of the old law giving effect neither TO the old
legislative will nor to the new. The custom duties
would be neither under the old system. nor the
new but under new temporary system when was
not intended either by the old legislation or by the
new.
He also dwelt upon the hardship of a decision,
which is III the first instance against the Govern
ment, and which III the second place prevents aa
apDeal the courts behalf OF the lnduStrlal ln-
terests endangered by it.