The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-07-04
Carelessness With Which Laws are
Made Prove Advantageous
to Attorneys.
Record of the Famous Hat Trim
ming Case Against the
Government.
No Compromise E~nscted-The Defectivs
Chocolate Paragraph of the Tariff
Law-Edmund's objection.

case which has just Deen ue-
cided against the Uuited States. The re-
port photographed from Chicago is that Il
compromise had been made Though the
agency of Mr.. Shuman, as the result OF
which the government would pay S5,OOO,0U
to the importers.
This report, if correct, serves to call at
tention to the enormous profits which at
torneys expect to make if this important
case shall be decided in their favor by the
court of last resort. For from statements
made by the government, it is very evident
that the importers will be compelled to
carry the case to the United States SUI
preme court before q final settle
ment will be made. The suit against
the government last week by which millions
of dollars of excess duties will be refunded,
is peculiar. The slovenly way in which our
laws are made finds the best illustration In
the tariff laws. So much depends upon the
use of punctuation, or of words that are
seemingly unimpo tant, that it is not sur
prising that tho evident intent of congress
is sometimes ignored in the Interpretation
of tariff laws, and by the decisions of treas
ury officials and of the courtsthey are made
w q pui RooS S<AoSeAy w
which they We're intended.
In the hat trimming case there was no
question of the intent of tho law making
power. Under the act of March 3, 1883. hat
trimmings were made dutlabie at ~ per
cent, and manufactured silks at 81 per
cent. A reference to the debates of con-
cress or to the minutes of the committee on
WAYS and means would show that congress
intended that silks, whether used for hat
trimmings or for any other purpose, were
intended to pay a duty of 30 pei cent.
The treasury department interpreted the
law in this way and collected duty at SO per
cent. A sharp attorney saw the technical
flaw in the act and attempted to prosecute
the claim for the difference of so per cent.
and 20 per cent. The suit has been success
full and the claimants will recover millions
OF dollars, of which it is understood the at
torneys in the case will receive 50 per cent.
Il is, indeed, q phenomenal case IN which
the attorneys fees will aggregate possibly
500 0 ,OOO.
Chief Special Agent Tingle, of the treas
ury department, speaking Of the result OF
the suit, said: "There is a multitude OF
suck cases coming before the department.
every year. There is no justice in them,
for the importer has already sold bis
goods to the consumer on the basis
Of a SO per cent. duty. This duty
has been paid by the consumer, and what
the importer RECEIVERS from the govern
ment is simply an additional profit to hlm.
If the tariff is ever tax upon the people 1t
had an equitable claim against the govern
ment-that is, if they felt that they had
been obliged to pay an unjust duty-they
would hire an attorney as any other claim
ant would, and go to law about 1t. but IN
stead of doing this they listen to some at
torney who thinks he has found a technical
flaw in the law, and as the suit costs them
nothing they allow it to be brought in their
names.
1.-The chances are against their recover-
ing, but the litigation costs nothing. and SO
the so per cent of their claim, if they re-
cover it, is so much clear profit"
The board of appraisers, which was es-
tablished recently in New York, was created
chiefly for the purpose of Interpreting the
law SO as to prevent any kind OF excess du-
ties being levied and to provide against ex-
pensive litigation. Already it has decided
a great number of appeals, the most impor-
tant of them being the matter OF the choco-
late paragraph in the last tariff law.
When the history of the chocolate para
graph is written it will make very inter-
esting reading. Like many Others having
interests likely to be affected by tariff leg
istation, the importers of chocolate sent an
attorney here and spent a large sum of
money trying to prevent the imposition OF
a tax on imported chocolate. The French
house of Menier was especially interested.
1t is the largest chocolate house in
the world. 1t has enormous plantations,
factories of amazing size. a fleet
of ships, and its invested capital is many
millions. Through its attorneys it brought
every argument to bear on the ways and
means committee to prevent the duty pro-
posed for chocolate confectionery being ex-
+a,,Ia1 {o xrhnf 10 knnWY1 -pnul rtnnly nc
sweetened chocolate. The sweetened cho-
colate is used for cooking, but it is also
sold as confectionery.
The attorney for the importers succeeded
in getting the paragraph successfully
through the house and thought it was safe
to go through the senate, but a change in
the punctuation made in conference re-
versed the action of the house and placed
sweetened chocolate on the dutlable list.
1t was claimed that this change in pune
tuatlon was Il clerical error, and on this
claim an effort was made to rush an amend
ment through the two houses before con
gress] adjourned, correcting the paragraph.
In the senate Mr.. Edmunds objected to the
amendment. and SO the paragraph remained
unchanged. At the short session of con-
gress another unsuccessful effort was made
to have the paragraph amended. The
domestic chocolate manufacturers fought
it bitterly. and as there was a grave doubt
ABOUT the intention OI tOuBIthS anu IL
strong feeling that the change in the
punctuation of the paragraph was not al
together accidental, the importers were not
successful. Now, after tins double refesal
by congress TO change the wording of this
paragraph, the board of appraisers steps in
and says it was tho manifest intention of
congress not to class sWeetened chocolate
with chocolate confectionery, and
that the paragraph hall be so interpreted
regardless of the punctuation. In going
bach to the intention of Congress the
board of appraisers has assumed an authori-
ty which is not claimed even by the supreme
court of the United States.
The intention of congress in the case of
the silk ribbons used for hat trimmings Was
unmistakable; but the courts found only
ono plain meaning III the paragraph in the
law, and according to their Interpretation
of that paragraph they rendered a decision
against the government and against the
acted the law. Only where the phrasing of
tho law is ambiguous and its meanin is
shrouded in doubt do tho courts go back to
the debates of congress and construe tho
law according to the intent of the law-mak-
ing power.
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