Los Angeles daily herald., 1888-04-11
TONNAGE DUES.
A Case of Interest fn tae u. s.
District Court.

A Case of Interest in the u. s
District Court.
| A case of peculiar interest was com
m enced in the United States Distric
Court on Monday, by libel filed by
J. Marion Brooks, U. S. District At
torney, in behalf of the United State.
against the Mexican steamer "Mont
serrat," now lying at the port of Sar
Diego. 1t appears that under section
4219 Of the revised statutes of the
United States, tonnage du s at the
rate of fifty cents per ton were levied
upon all foreign vessels making entry
into port of The United States from
any foreign port; and that under sec
tion 1925, further eum of fifty cents
per ton Eight money" is leviable in
the same manner as tonnage
dues. By section 1928 these dues
were collectible but once year. But
by an Act Of Congress of June 10Th,
1888, it was provided that in lieu OF
the tax Of thirty cents per ton under
| section 4219, vessels making entry in
United States ports from foreign ports
in North America should pay three
cents per ton for the first five entries
in the tonnage year; and section 1928
and as much of section 4219 Of the
revised statutes as conflicts with this
act was repealed. The "Montserrat"
made her first entry into the port of
San Diego in October last, coming
then from Cardiff, Wales, and paid
the full amount claimed by the Gov
ernment, $106 per ton at that time.
Subsequently she made trip down
the lower Pacific coast of Mexico and
as far as San Jose de Guatemala, and
on her return was put on the route
between San Diego and Ensenada.
Lower California, in the interest OF
the International Company of Mex
leo; and between the 18th day
Of January, 1888, and the 1Otk
day of March, 1888, made entry
at the port of San Diego
from Ensenada, twenty-three times.
She paid tonnage dues under the act
of June 10th, 1886, and light money"
under section 1925 of the revised
statutes, at the rate of fifty three cents
per ton, making upon her measure
ment of 800 tons, $371.70 per entry Oh
the first four of these entries, which
together with her entry in October
last, constituted her first five entries
in her tonnage year. No further de-
mands were made upon her by the
Government until after she had made
the remaining seventeen entries, when
the Commissioner of Navigation noti-
fed the Collector of the port of San
Diego to collect similar dues on each
entry, to those charged on her first
entry; accordingly demand was pre-
sented by Collector Arnold for an ar
rearage Of tonnage dues and light
money amounting to $l9, 1870. This
the owners declined to pay, and a
libel suit was therefore filed against
the vessel for the amount. The
steamer is owned by he Mexican In
ternational Pacific and Gulf of Cali
fornia Steamship Company, a Con-
necticut corporation, allied in interest
with the International Company of
Mexico, and the Company, through
their attorney, George Fuller, of San
Diego, yesterday filed claim to the
vessel, and gave bond with f. E.
Bates, D. G. Reed, M. T. Gilmor and
j. r. Thowas, prominent capitalists
Of San Diego, as sureties, in the sum
OF thirty-nine thousand dollars for the
release Of the vessel pending the suit.
The position OF the Government is
that section 1928 of the revised statu-
tes, is altogether repealed by the act
of June 10Th, 1886, while the position
taken by the company is that that
section is only 10 far repealed,
as it conflicts with the collection of the
three cents per ton provided for by
that act five times a year, and that
otherwise it stands as protection to
the vessel against the levy of the fifty
cents ton, tonnage dues, under sec
ton 219. and fifty cents ton light
money under section 4, 4,225, more than
once in year. Vessels of various
other countries are protected by
treaties against the construction put
upon the Act of June 10th, 1886, by
the Treasury Department; but the
treaty of commerce between the
United States and Mexico of 1881 was
terminated in 1881, and the tonnage
dues upon Mexican vessels are there
for subject to the will of Congress.
The revised statutes, however, pro-
vide that the President may
by proclamation, suspend the
collection OF discriminating tonnage
dues upon foreign vessels, and author
ize the President, by such proclama-
ton, to put Mexican vessels upon an
equality in our ports " ith American
vessels in Mexican ports: and it ap-
pears that no tonnage dues are charg-
ed by Mexico on American steamers.
Application was made to the Presi-
dent by the Mexican Minister at
Washington for this proclamation on
the 18th OF March, 1888, and if the
proclamation is issued it will take ef-
feet as of that date.
The case made by the libel just
filed is the first one of the kind that
has arisen. 1t is stated on the author
iiy of the Mexican Consul at San Di-
ego, Senor Tomas Valdespino Figu-
eroa, that there is no other Mexican
steamer making regular trips between
Mexico and American ports. The
steamers running between New Or
leans and Galveston and Vera Cruz
are American vessels; and the Mex
lean steamers running in the Gulf of
Mexico ply between Mexican ports
only.
SPRING RACES.
A Very Successful Meeting at