New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-06
TuE BOARD OF APPRAISERS.
THEIR FIRST ANNUAL REPORT.
.~ssr1,r. OPERATION OF THE M'KINLEY AD-
M1NIsTRATIvE ACCOMMODATIONS
SUGGESTED

SUGGESTED.
IT,, Roard Of United States General Appraisers.
-...hl;shed by the Mckinley Administrative Act
49,. now been in full operation for one year, and
~ srst annual report to the Secretary of the
,,as,ry sets forth in detail the work accomplished
:. we'll as the difficulties met with. and the
,aoaidcations suggested by one years experience,
tn. Apprasers have spent much time and labor
., drawing up report that shall cover the ground
.,o,ourhly and comprehensively. The report
.,boh The Tribune now publishes in full. Will he
,s.a with interest by all students Of customs ad-
0instration as well as by importers and business
msu generally. 1t is as follows:
New-York, Nov. I, 1891.
n the Hon. Charles Foster Secretary Of the Treasury,
s,r We have the honor to. transmit to you the
tonoSs, nesl Appraisers for the year ending October
y Yssl and accompany it with such suggestions and
Communications our judgments nave dicVs'eo 10 DC
rrorer in the light Of experience
rMsARRAssMENTs ENCOUNTERED.
~. srst wears work of the Board might well
,.r. haen anticipated. has been attended with many
.,hsrrassments. A new system of tariff admlnistra-
s., had TO be insugursted. Its forms of procedure
.. not prescribed by law, and had, therefore, to De
,nstructed BY experience so TO be suitably adapted
eaIy . 1Sn Board with both administrative and
,TSeisl power and vested in 1t a diFnifed and i'm
p1stned involving the Interpretation Of many in
cnrruous and ambiguous provisions. The relanon-
Se ~ The new tribunal to the courts and 10 the
sssPsvrv Department had 20 be adjusted. and the
hcvndsres Of its Jurisdiction and powers defined;
Ihese proe aod eSper4ence No human sagacity or
;Egsnstry could settle them in day.
-ur COURTS BURDENED WITH CUSTOMS SUITS.
Asd 10 these difficulties the fact that the courts had
,.sn overburdened for years with customs suits nst
800 nv importers against the Collector of the Port of
~.ryork and that the amount of litigation Of this
strd WAS constantly increasing and We have a still
more correct view Of the existing situation In the
United States Circuit court I9r Ine ooustr %
Of Yew-York there were pending and untI1ed, when
this BOARD first began its duties in August 1890 over
1000 suits against The Government Tor tne Teinna OF
cutIes alleged to be Illegally exacted The appoint
mem Of an additional circuit judge for the special hear
INK Of these cases failed TO prevent the increased
y ~ the Treasury called the attention Of congress-
10 Inc subject in the following language -.
sThe calendar OF customs suits In the so 80 r Dis
t-ct az Nev.York has grown large that t."e is 10
reasonable prospect Of dsposins OF them IN hs gen
Grafton A merchant who has suffered an Illegal exec
tion Of duties cannot hope for speedy trial of his
cause and justice Is practically denied him. The
by uncervaustiOns promote rather than suppress TINS
t. 4, believed that the statistics furnished in this
report showing the last years work Of this Board and
The mode of procedure in the hearing Of customs cases
as adopted by them will establish the fact that this
crying Of evil Of delay has 70 large extent been cor
rected If II has not been practically eradcated
SOME GROUNDS OF DISSATISFACTION.
The duties thus imposed by law the board, from
their very nature. If properly discharged, would
naturally be expected to render both tbs law and Its
administrators the subjects OF criticism. And such has
been the There classes f persons In certain
localities who have reaped harvest Of unjust advsn-
tsee from that want OF uniformity in the appraisement
OF values ard the classification Of imported merchan-
disc which has steadily grown up under the old law.
Another class had long prOted by system of faudu-
lent undefvsuatons, carried on TO extent that laid
an embargo upon the importation Of certain lines Of
where these frauds were known have been per
have not been slow 70 complain Of the alleged hard.
ships Of the law, and have accordingly kept up through
repeal.
especially ii IS believed from that large and augmented
class OF foreign merchants w. h,v, been eneared
In the importation OF CONSIGNED goods. The effect
Of the present law embodied in the act Of June
10, 1890 has manifesty been 70 place the valuations
Of this class of goods the market value Of which is
more fast and equal basis with goods that are bona de
purchased and imported by resident American mer
chants, with verified statements, on the respective IN
voices, of the prices az which they were bought as
required BY. Law. There are, nevertheless some
cism and experience has developed the fact as in the
ease OF laws nsngurstlng all new systems that it is
THE FORMS OF PROCEDURE BEFORE THE BOARD
No special form OF procedure for the trial OF cases
pending before tie Board respecting the classification
Of merchandise is prescribed by the Customs Admin
kratve Act. This seems 10 have been left largely
10 The discretion of the Board. The power vested in
G $1,000 % Of the TTesaS M @ a. 6 Gy
any other port is 10 examine and decide" the case
submitted on protest and appeal from the Collectors
oesi0n, the rate and amount Of duty on imported
merchandise including duable costs charges and fees.
questions OF law and Of fact involved in such manner
as safely 70 bear criticism upon further investigation
by tie courts on appeal In 81 important cases say
tons being grouped together a far possible. TIE
parties protesting are cited to appear and sustain their
TV1NNS : NJ no al
the Collector should not be sustained. All persons
who are interested in the questions involved pub
Icy Invited 20 be present and allowed 10 be heard
either person or by counsel Counsel are invited
also 70 fle BRIEFS and permitted 10 examine wit
Ts procedure is thus asmilated. far practicable.
70 that which is judicial, without such technical for
kary delay.
THE COLLECTOR REPRESENTED BY COUNSEL.
Upon the suggestion Of the Board. the Collector Of
inc Port Of New York has detailed officer OF ex-
perence In customs laws and otherwise well fitted for
the service to represent the Government in all hear
ings Of protests arising at said port, which embrace
Board This practice. IL is believed has impaired TO
me administration Of the law safer and iuster results
~ al decisions involving disputed questions OF the
classification OF imported merchandise. II tends,
moreover 10 make ltigsnts better satisfied with the
results reached by relieving the members Of the Board
from assuming an attitude Of apparent hostility to the
importer necessarily incident 10 the duty Of arriving al
the truth by rigid cross-examination Of dcposng wit
ucSses.
RECOMMENDATIONS As TO OTHER PORTS.
The Board concur in recommending that this prac-
ace OF having the Government represented in these
hearings be extended 10 embrace protests arising
al al the other ports of the country. The permanent
assignment Of such an officer TO this duty would
80 ishtaie the dispatch Of business by the Board,
anu would tend 70 impart more certainty 10 the
Ons laws by leading TO accurate results, Great
VIZ increased confidence In the mpartiaty Of the trial
'0uTI ana by preventing improper appeals.
TWO SFrTT0Cc m, rrru pO.pp
me members OF the Board have been organized into
Doaus OF three General Appraisers each, under te
go. conferred on the Secretary Of the Treasury by
S.uon II Of the act Of June 10. 1890 known a. the
S s administrative Act. These two bOa'ds have
yS s on antly stationed at the port of NewYork
49, 90 per cent Of the imports OF the country are
msoe, and where expert evidence on all subjects Is
M. r.. accessible. To preserve uniformity Of decisions
PsSuoe OF the two boards is 10 confer together