New-York tribune., 1890-06-30
A LAW UNTO ITSELF.
THE HIGHHANDED COURSE OF THE BUREAU
OF NAVIGATION.
HOW SUCCESSIVE CHIEFS HAVE DEF1ED con-
GREsS, pNTERNATIoNAi. TREATY oBLIGA
TIoNs, THE PRESIDENT AND VARIOUS
CABINET OFFICERS, INCLUDING HIS
OWN StPERlOR.
tBY TELEGRAPH TO THE TkIBCNE.1


Washington, June 20.-Refcrence has been repeatedly
mado in these dispatches 10 the hiclhsnded manner
in which many boards of the Government defy the
expressed will Of Congress. A case in point was the
refusal OF the Lighthouse Board TO place lghtship
the spot where tic ill-fated oregon went down
several years ago. though Congress had given directions
that this should be done. A much more fagrant IN
stance in this respect however. is that Of the Bureau
of Navigation The head Of this Bureau does not stop
at snubbing Congress- but he violates treaty Obligations
ignores the proclamation Of the President snaps his
fingers at the Secretary Of state, ridcues the inter-
probation given 10 the law Of the land by the courts
and the Department Of Justice and treats his Official
superior the Secretary Of the Treasury. as If that
official had no existence for him. Indeed, 1t is no
eX9gGcraon to say that the comfy OF international
Intercourse is strained 10 satisfy tho vanity and
cgotlsm of this oiicial. lie IS law unto himself
lie does he pleascs.
Senator Edmunds has reported from the Committee
on Foreign Relations bill directing the secretary OF
the Treasury 10 pay to representatives. OF the Govern
mcnt OF sweden and Norway the tonnage dues
collected since July I, 1884, on Norwegian vessels
arriving in ports Of the United states from ports in
sweden and Norway, in excess Of the rate Of three
cents ton or, in the aggregate II cents ton in
year. A similar bill has been favorably reported by
Mr.. HIT from the Foreign Affairs Committee Of the
House. These bills the result Of the refusal
Of the Commissioner Of Navigation to sanction the
return tho Of sweden and Norway OF the
tonnage dues which citizens Of those countries we're
compelled to pay in violation OF the Treaty Of 1927,
of the existence Of which this highly intelligent Official
seems TO have been altogether ignorant.
The bureau OF Navigation created in 1884.
The law presumed that the man selected for the
Office Of Commissioner should be man vcrscd in
admiralty law and thoroughly acquainted with the
shipping ol this country. in view of recent
decisions made by the present Commissioner. ana OF
the record of his Bureau ever founded. Con
crcss seems either TO have erred or to have been DC
ccved. Almost before the first year Of It's existence
had come 10 close the Bureau OF Navigation boldly
refused Ia carry into eject proclamation OF the
President which exempted vessels which should come
from certain points enumerated by him. from the
payment Of tonnaGctaX. The Bureau Of Navlgation'
however, refused TO carry into effect the Presdehts
procamaton basng such refusal on the grounds that
certain ports improperly included in the proc'
nation. secretary McCuoch took the liberty OF cor
rec,ing the then Commissioner Of Navigation In le'
ter dated February = 1855 and 10 explain to nm tne
nature Of tonnacotnx: but apparently without any
satisfactory results. for only three years afterward
the Commissioner again directed the levying oi TAX
Oh certain vessels coming from German ports stopping
on their way to this country southampton. without
however. either entering or clearing
The most notable sufferers from these arbitrary
rulings Of the Commissioner have been for wears the
German steamships pNlne UctWttH bItHIrh hl" ~"
York II /, we'll known that the steamer Of one ot
the regular passenger lines between those two points
pass southampton on their westbound trip ana S'of
ihof nor, lonr erough to take on tAs mails and
f-~r- r,-~rrrrrv. They IN not cntcr IN" harrow OF
southampton; they remain outside OF III; my
,cthor entar- nor clear IN the technical sense OF
those tgo terms they do not apply for nor are tlev
Obl ecd 10 take ont papers from inc oincer ol tns
port. They. therefore. may be consider "a a. s,ns S
directly b.iwcen n German port and one In tha Ontcd
states, The Commissioners does not hold so. however.
and continue, 10 levy Tonnage on inc sI.aIts, @
Notwithstanding the provisions OF the treaty petWe'i
Germany and The United states, which are In direct
contravcnton of his ruling . -.
The Attorney General. in rendering an opinion on
This subject dat d March 10. l7oo. said " Inc iac!
that tho ship took IN cargo. passenger, ana nls ''
southampton + Of little import on the Gue'lon. ms
the tonnage tax Is on the ship. REGARDLESS Of wher,
,he NAV have obtained her cargo while the custom
laws. by separate provisions rrEuiatc ts 'aN upon Inc me
cargo. equally REGARDLESS "i the tonnaR' taN on tns
shp.' The solicitor Of the Treasury gave similar
opinion March .. l71I and IN, secretapy oi e'c nc
felt compelled soon auerward 10 appeal 10, 10 we ~
President I'm these words d" II may be cNpcdicnt 10
eugc,, that the act Of July ;. 1851 in relation to
the Bureau II Navigation. might properly nc 80
amended As 10 give the secretary Of state voice in
the decision Of treaty and coenate international aues-
The delicate sarcasm Of thc foregoing seems to
have been lost on the pachydermato hides oi AZ e't
two Commissioners In fact to bolster np the position
~ thc Durcau and humor the cOncet Of ono Commits.
sioncr hc rcsortcd what is not easily dStlngulshca
nn,r I nrocamation Of the President Collectors
OF Customs and Others the worn ult''uN, WIZ .In "
no. no' @ ion'h rtcrpootIon "f Iii, word directly he Of
course sought To reach the case Of vessels IKE thse
~ thc North German Lloyd. which leave GERMANY
and pass through the EnCli>h Channel 'tpplLnE ~
S"m.,snnio without. however. entering or clearing
thot port His action In the matter places those
vessels n will be seen. the same footing rs II no
proclamation had been issued ana no rccip,'ou, c',
treaty had ever been entered into between Germany
''''I ThiS ,. mere subordinate in tho Civil Service
q, thc Government is able 10 defy congress lht,r
u,tiorol treaty Obligations. the Chef Executive te
secretary Of state. the Attorney General; ana hl'
o,cn immediate superior. the secretary OF me lrea,
nv with impunity. and far without any other result
man that OF calling forth vigorous ana repeated
rroic.ts on the part Of representatives, OF ior'N
Govcrnmcnts In this country lt may he interesting
Va potc how long this state Of affairs VIII be permitted