Evening journal., 1890-10-24
ARE THE DEFECTSFATAL7
Startling Statements Concern
ing the Tariff Bill.
WHAT SECRETARY WINDOW SAYS.

Section 30 of the Tobacco Paragraph
Was Entirely Omitted and Many I'm
porters Declare That This Defect win
Invalidate the Whole Measure.
WARRINGTON, Oct. 24.-The alleged fatal
defects ia the new tariff bill formed an in
teresting topic of discussion in official cir
cles yesterday, and while the defects were
not thought to invalidate the bill as a
whole, sentiment was almost unanimous
that section 80 of the tobacco paragraph,
which was omitted in its entirety, could
not be enforced, and where it by con
struction referred to other paragraphs, it
might impair their strength. AS 10 the
law signed by the president not being the
law passed by congress, Secretary Hal
ford said the bill signed by President Har-
rison was the same bill signed by the
speaker of the house and the president OF
the senate These officers by their sigma
lures certified that the bill had passed
their respective branches Of congress. and
their attesiation of that fact was the usual
mode OF procedure and the only official
notification the president ever received
that bill had passed. Whether the law
was constitutional or not was matter for
the courts to decide.
Secretary windom's Views.
Secretary Window, when questioned on
the subject, said it did not become him TO
question the constitutionality Of legislation
passed by congress. He was simply an
executive officer to carry out the will Of
congress, and when laws we're placed upon
the statute books all be had 10 do was to
execute them. II doubts exist as TO given
law being constitutional those doubling 1t
could have their doubts removed or con
flrmed by taking the matter to the proper
judicial tribunal
An Interesting Point.
An interesting point bearing on the sub
ject was pointed out at the treasury depart
nent yesterday. Under the tariff law Of
/ July IA, ls03, duties were increased ION ali
brown OF bleacissd linens, ducks, canvas
| paddings, cot bottoms, burlap. drills, coat
| ings, brown hollands, blay linens, damasks
drapers, etc. p 5 per cent. ad valorem, max
ing the duty on the articles named 35 pei
cent, the former tariff having imposed I
duty of 30 per cent. ad valorem.
In 1864, June 3d. another tariff law wa
passed imposing an additional duty Of
per cent on all the articles named above
but by a clerical error whole line wa
omitted and drills, coatings, brown hol
landR, hlay linens and damasksn were lef
oct of The paragraph altogether. At frs
the treasury department imposed 40 pc
cent duty on the omitted articles, the sam
as on those enumerated, holding that sucl
was the evident intention Of congress, bu
subsequently the department reversed II
self aid refunded thes per cent. increas
in the bill Of 1884 over the bill Of 1862, an
afterward charged duty on drills, coat
ings, etc" at 35 per cent. ad valorem.
IL Did not Invalidate the Bill.
II WAS not argued that the omission {
drills, coatings. etc, (" from the paragrap
invalidated the paragraph or applied {
any other articles than the ones omitted
or that the error in regard 20 the paragrap
not being complete tended to make vol
the bill as a whole, or that the articles, /
being omitted, belonged to the free list
because they were not enumerated ia th
dutiable list
All former tariff acts contained more 0
less omissions and errors, and even so lat
as Feb, q, 1877, an act was passed TO SUI
ply omissions ia the revised statutes.
Is thought at the treasury department tina
the same course Will be pursued in regar
to any defects Of the present tariff law
they are Of a character serious enough
call for it.