New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-08-18

20, mo al
rnnIrc Information has been received" says ulo
Commissioner. How by WHOM ""'"'''
Commissioner ought to explain. ..,o.,ons
Az might be supposed, these peculiar Insuu' -.
puzzled the Collector Of the Port at New orA nm"
orncia sent on February o. 1883, the foLo"ihs tcie
TO the Commissioner: r.o,uon xia
GERMAN steamer Elbc has arrived from Bremen th' NIX
,Sannion where She took in additional cargo 'ndrr mum
entitled to eAG nt ron ba t9D1a oi Marne
hinks she could from that harboT anu "o' ~
rectF hom German pof~ p. MALONE. Collector.
The reply TO this telegram follows:
washington February o. 1888.
Steamer Elhe subject to tax made under i'''
ciicUiar you cite C. r. MORTON, Commissioner
Here. then. for the first time the Bureau Of NaVsa
tlon refers to the last paragraph IN circular No ~
which the Commissioner maintains for al pracu''~
purposes is superior 10 the law Of congress 10 "'
proclafiaton of the President. and to inerna'lona
aorcements Germany naturally protested against
the imposition of the tax being In conhVchtio'i u
the spirit and letter of the law and the mutual ula''
standing as to the reciprocity to be checteu
finder date of February 30 1888 the secretary Vi
state H. O33 Foreign Relations OF the uhteu oa'oe'
1888 part q Informed the German Minister az "osF
ingtOn that 49, -
The question Of continued GyacC% Of Chn "a GgfS GR
vessels the NorthGcrInan Inc arriving ~ nv me 70
nom Bremen Southampton has been SIohsht o} nH W.
the Of ns rTedent it1 nGM BY Ssts e German
| Scs.N owners will speedily be removed
AT that time already the Secretary OF STATE touuu
himself seriously embarrassed by the conduct OF inc
Commissioner Of Navigation, for I've Is FOUND appe'iiS
IN the President (see D. @, Executive Documents NO
"a Lth Congress, Second SESSION. In these words:
Il may be expcdient to suggest that the Act Of July
1884 relative the Bureau Of NayiRation mahe i IN
he sa5Ject Of trcacs aud cognac international Questions
Here is encountered the extraordinary spectacle Oh
| the secretary Of State being compelled 10 ask ior
voice in The decision Of treaty and cognate International
i a IN and On
Of the demand made by a friendly nation, he IS PIE
vented from granting it by the opposition oil SUD-
ordiuate In tie Treasury Department
TO effect a settlement OF this question tho secretary
Of the Treasury referred 1t to the Attorney
who rendered hts opntorf on March TO- 1883 In thls
opinion Mr. Garland says:
The PROCLAMATION tof January %. 1889 strictly conforms
70 he law su'Dehd e collection OF the onnaGe duty
e p9 q the United si1 s ad ST '%y Si d
iaSPc HGssSi S yc..s nf insend II The
was from Bremen tonnage dutv should not he CHARGED
~ nI the oath Of tntr' for the EIbc declares the
vessel sailed from ue pest " Bremen UerItn, va
by tg Ticl-ur, Department on the sI Of February 1851
been received ;hSSHs tn that sSe yf s
sl9n.iRHL q. , te nor = o. :he GERMAN Empire Inv
he admitted under pro- amaton without the pA,mc"
'' Sou6ampoa Is not IN IN, direct ru;e from Drorea to
the United s'tcs but Ing "eft .ais.ug !, n.y. .It
woHs uscd Thcy have uer fun eHee, IN qn.irGng
cg .od qf 6sve 5 sa'rsS9a' It o S vi" The
Sl s a i es 's a|fy aH4e1
| which TIE 'aw 90. no; Warrant -, Inc IN
voyace and the entry at DE Ir u the Un- stA;es hs
S o'hcF t 70 BE- s'i"T ani,y E aS ne aili po
otnance Of mat 'en! ar eo1einT dfnen or w S.
a. r tire To- vessel l'afea nc foreign l !" my
~ H. or of -,ue cta nation ana from AL %
United stac' aud entry was made at such foreign pCi
| tho lf f.u 1T Il
port or the intent on ne part Of ug Tor.
Ven 'ii Wa y55So ,'S q TIA, 1 nnt estr aa5scr
rny he other ror, should b. regarded a. e port from
Which us 's..e sailed ,. 49,, v,e,,o ,,s ,c,sel
ary.d i and hcaD .hc aid rde cesrane@ shows
ssa "s be Bort II h and Ss iS ani i0 h
i 5cs. n 1i'9i' bat ' oS SS pra & % BE-
place from whence dc ,oJare commenced Ia ;ne case
IN 5 Iat de- vessel allied by re way Of Soutsap
f sS po". ccarsd from a port 'he csaIanci
would D.. o. rlil'd {" 80 'n9s au ,At laI,r NJ
.sa onr IN IA a' a. y1Ia P'. hs al 'g G
deviation ~ M voyaze ~ touching At MFR
a' 5 ,ueS ror.s DO. not break The continuity o:
III to nasc tc ntcrmeiatH port ne lo' 81
M. ip too. 100 Cago passengers and mail at southampton
-, .b r1taric.. u wh,re .he may have obtained hor
is thc TAX Upon ty ago eqanf rsarle,, Of lo ,.o
touch,i at SOUTHAMPTON without entering or clearing Their
| rfT D
and lard r5- southampton the dat, should be I'd
Although the voyage proved to be unit a
shown by the certificates both Of the Collector at South
ampton and the American Consul stationed there
setting forth that the vessels OF the North German
LLOYD do not enter or clear at southampton tn" ton
mage tax upon their arrival In the United states. i
still cxaccd The assurances conveyed IN the formal
invitation u fore nations and the Presidents proc
lamatlon stu remain dead letter.
II space permitted. 1t could easily be shown how
the bureau Of Navigation has, time and again. con
,radlcted Itself ln IT'S decisions. one case. however,
may DO cited. The Herman Cortcs, a spanish vessel
cleared from barcelona and sailed for the United states
via port, In spain Cuba and Porto Rico. her cargo
being all discharged at the last named port from when
she came In ballast To Ncw-orleans. The owners
| claimed That the vessel visited the West lndlal
portycs,cl, entering from which pay only tonnage
Of three cents per ton. under the Act Of June 10 lH7d
and went directly from there 10 New Orleans, she
WIS entitled 10 the reduced Of three instead OF
SIX cents per ton II was held, however by rlc sec
rotary Of tho Treasury that no such exemption arose
since the voyage actually between spain ana the
United states spanish ports not having the same eX
cmpton as the West indies. In tho course OF hi dc
c.on the secretary also said:
10 ha. been heretofore h,i by the Commissioner OF
Ns,ga'Sn r NEE at V %A u, 'n Scysgs to- he tn}
sote, ac'lay Commenced At iropan port anu Ilg o
i,,c merely an incident In the voyage and that entry
must Doe made from a European port
\ similar ruling was made IN inc case Oh uI'
Marmon.
Yet I'm the case Of vessels sailing from Germany
this same official holds that they gain no privi
lcges By touching their way to the United states a
a privileged port and that they forfeit privileges /
they come by way Of a non-privleged port Why TN
rule should work way In case and another
way In the other which Is almost identical, the Com
missioner has not explained. Instead lie gableS TN
decision Of the United states Court occupying nearly
half "A column In quoting non essential matters an'
emitting carefully all points that really essential
The last paragraph in the decision Of Judge Vale
4 | presents the issue squarey:
This is not called upon TO express any opinion
Justice cXpcdcncy Of placing such unlimited
nwer In the hands Of the Commissioners Of Navigation
conferred by thSAct 81 July D, 1881 The duty o th'