New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-06

Oenent honest merchants well
as 10 the public at large
FREQUENT APPEALS UNsETrLE VALUES
II is submitted that frequent resort to the exercise Of
this discretion as to appeals the part Of officers rep
resenting the Government tends greatly to leave moth
ing settled so ms TO enable importers TO know what rate
OF duty is to be assessed like future importatons OF
merchandise. Lord Coke long ago declared that the
most Just challenge of the law was its uncertainty
The evil OF uncertainty Is greater in customs laws than
which mercantile transactions conducted. II I'm,
settles market values and embarrasses tile Government
by constant liability TO heavy drafts on its Treasury
for the refundiug of excessive duties. sometimes
amounting TO many millions of dollars single line
of merchandise which had been Improperly classified
THE RIGHT OF APPEAL SHOULD BE LIMITED.
The Collector should not be allowed TO appeal from
cases mpeaching the solndnes OF his own dec,an
in the decision Of the tribunal which reverses his
Judgment may and often does influence ms action
the right Of appeal vested in him so as TO protect the
decisions Of the Sead, Which must occasionally
But such appeals Should BE- taken Gn on 'ne
other learned Law Officer of the Government, based
upon bis belief after thorough investigation that there
ma stIO Sy q the Board or oi 20 & would Relieve the
Secretary Of the Treasury OF embarrassing mportunl
e woe are more or less
adversely by the decision Of customs cases. To
e appea would as % mue
measurnbly impartng hnahty and certainty to all
construction, pr in conclusions of fact, would be
more oleable than the feeling Of instability and I'M.
certainty produced by frequent appeals followed by
protracted litigation, lasting often for years
RETURNS TO THE CIRCUIT COURTS REQUIRED.
The law requires that the Board shall make Ger
tilted of the facts involved in the case" TO
accompany every return made by them to the United
states Circuit Courts appeals taken from their deci
sons. This is in addition 70 the record and the evil
denoe" taken in the The time of one Of The Gen
eral Appraisers been practically monopolized In
supervising these returns. ad III taking such fnrher
evidence Is authorized TO be taken in cases thus
appealed and which have been pending for hearing
These appeals have been necessarily more numerous
during the year of the Boards existence than they
will probably be in future year. They must be
come fewer in number as doubtful and disputed ques
tons of tariff construction and trade designations are
settled with the progress OF time.
SOURCES OF UNCERTAINTY IN CUSTOMS LAWS.
One Of tie greatest sources of uncertainty in the ad
mlnstration of the law has heretofore been in
the finding Of facts by the tribunal which tried the
particular cause difference of opinion as TO the
value OF given article, of single fact affecting s
nature condition. or As to IFS trade or popular
sequently its rate of duty Inc connieu1g
similar articles Of merchandise whether attributable
to local class preudices. or political opinions or
same evil of uncertainty exists. though to less
extent where different tribunals scattered over fortf
four states Of tie Union. are called IN to settle
questions of fact without mutual consultation and with
access to Of Evidence entirely unlike, as
colored by varying education usages and prejudice
AS the Appellate Court of Last Resort. in reviewing
tariff cases does not undertake pass the facts.
but only to correct Of law. it is manifest that
so long as there are nine different tribunals in the
country. each having the Independent right 81 naMn5
h7ding Of facts from the evidence, thera can ne no
assurance OF attaining 10 that uniformity 81 classs
ton and Of duty at every port IN the eountrS
which the Board Of General Appraisers was organized
1t IS for the lswmaking power = determine now Tow
wisely be done by vesting in single tribunal the
right make finding Of facts which snail be 2tdT @
adjudication Is made. The law, as II came rom me
senate Committee and was reported by them 70 tns
LII Congress- made the findings OF fact by me boalu
~ AppIaisers conohsive on the Government and i'm
porter but this clause was AMENDED II the progress
Of the enactment Of the law.
SUSPENDED CUSTOMS CASES.
7. k the practice Of the Board within its discretion
and where Justice will be promoted. TO suspend the
consideration CT certain Of importance, sticu!
analogous to any previously decided by theni rom
which an appeal has been taken from their deesioi
either by the importer or the Government ana ~ b
| ouestion involved is ultimately settled ms saEee
a vast amount of litigation, AS well rs OF opprcss,ve
annovnnca TO importers many of whose cases lnVoiNe
hui small amounts in controversy. IL also prevents
the dockets Of the courts from being ufoniy M
| the importer as has been the case for many years
| past. - .,,. lie, mn, ,css than
3o07 cases involving the question OF the eonsu'q
tionaity Of the new tariff act OF October leeu: II
these cases were all decided by the Board the clenca
iabor involved in making to the Circuit Conrts
in the appeals that would be aen W9n nd od S
1885,
large expense
AMENDMENTS SUGGESTED.
The Board renews its recommendation that Sccaon :
Of the Customs Administrative Act so far as II requires
statement OF the-cost of production OF consigned
be repealed The late Secretary OF the Treas
rry in his rcpct for year 1890 concured in THIS
,or on the rround that the provision in Question
is found to be Of little praSncs @h r an own e%
Peence that tends rather 70 o6ru than to Il S ~,
| 4 afirpC N u
THE POWER OF SUPERVISION.
The BOARD OF General Appraisers, In addition 10 thc
other powers vested in them. authorized by section
- OF the Act Of June TO- 800. 80 exercise. under he
general direction Of the Secretary OF the Treasury suci
other supervision apprasements and cassncauof
for duty of imported merchandise as may be neediu
n secure lawful and uniform appraiscments and ciasslt
o,ions ~ the several ports The Board has already
Represented 10 the Department the importance OF I'M,
irrisdicIon and their excuse for falure 10 carry
into more efficient operation for want OF suitable regu
atons on the subject adopted and promulgated by me
Secretary of the Treasury contemplated by the law
They need add nothing more this subject than &c
suggest that the intent Of Congress seems 10 nave peer
s1d The mower Of supervision over certain customs
cases to the end that such decisions az to vaus1ols
and rates of duty should be made Uniform ut all th
norts such regulations would in judgment, tend
10 create greater harmony In the administrator Oh t
| present system Of customs laws
/ PROTESTS RECEIVED.
The following summary will exhibit stausdcally
the number of cases disposed of by the two boards
involving classification of imported merchandise Oh
protests received from November 1, 1890, 10 Novem
Der /, 1901
proests received from the port Of NewYork 4l56
Protests received from other ports o''o'
Total received from all ports. ~ ~
IND sposed Of date OF last report Nov l. lS'o %
"l'i1
OF those there have been decided
49, 20 - 60 Wv yo-k .......... 3so4
rro.ests . tnvn o,h.r norts .......... I. lo1
~ 1ouinq cases ON the suspended lisC and
! covered by decisions already made:
On consu'T'io Isdo OF "''' 80 s9i
Other eases suspnq y n 10 subjecti 4sGC
appeals on ecIdnS Eovenber l. 1851 .......... s37f
W. haro amended schedule showing the particu-