The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-07-22
IMPORTANT TO TACIITSuEN
A Decision Affecting Commodore Wander.
bits Yacht COnquerOr.

WASHINGTON. July Ala decision Of erent
interest to all yachtsmen was rendered at tho
Treasury Department to day by Capt. Bates.
Commissioner OF Navigation. The case is that
Of the foreign built steam yacht Conqueror.
belonging TO Commodore f. W. Vanderbilt and
holding as papers only bill OF sale made in
England. The Collector at New York decided
that the yacht is Il foreign vessel. and not bs-
longing 10 foreign club is not entitled to the
privilege OF exemption from tonnage dues.
The dues were paid under protest and the
case came 10 the Treasury Department to-day
on appeal from the Collector.
The master Of the yacht, ]. I. Wood. and her
owner. Mr.. Vanderbilt. say:
We protest against the payment Of Slls a. light
money S:s. so measurement fees. exacted by the
Collie of Customs Mt New York. and paid July H.
pleasure yacht only and is engaged in no trade Of any
and therefore does violate law nor In any way
como under the navigation laws.
The following decision OF Commissioner
Bates sustaining the action OF the Collector
at New York was addressed to that officer this
This Office is in receipt OF your letter dated
Glass. as attorney for Frederick W. Wander
non, fees on the steam yacht Conqueror. q yes
s as M hsFQSs s' M
Mt your poIt july H.. is9l. Your DECISION
was i'll accordance with ruling IN similar
case by the Hon. G. Il. Morton. Commissioner
Of Navigation dated April >, 1857 !s. .16D, re-
lating to the foreign. built yacht Countess Duff
FERN. owned by an American citizen. In that
cnse he held that the yacht would be subject to
lipht money on enter inG any port OF the United
States. 1t was also in accordance " ith the in
s,ructlons embodied in the circular OF tho
Treasury Department. approved by tho
Hon. {. S. Fairchild, Secretary Of the Treas
ury. under date OF Oct. 2S. 1887. The
case is analos9Hs e that Of the yacht Na9ti-
ant Secretary of the Treasury. under date OF
June H. 1888 Is. $500 stated that as there was
regular importation OF the essel. no ground
wa. perceived for relieving the same from the
payment Of duty. Attention is invited also to
tho opinion OF the Attorney-Generul OF the
United States dated Aug. 10. 1875. to the effect
that undocumented foreign vessels are SUBJ
ject to dues under section i225. II. s.
In consideration OF these and other similar
rulings. published for the information OF Gus
toms officers and all concerned. OF the plain
provisions OF sections 4.225. Also. 1856 and 81
Of the Revised Statutes and OF the act of Aug.
8. 1882. your decision is hereby affirmed ex-
cept as to the over asso. sment OF dues reported
by YOU TO have been made through an error In
assessment. amounting To 81. will be refund
ed On cert filed statement. Please take action
acc rdingly. This office has heretofore de-
cidcd that the question whether such vessels
are omitted to the privileges of Yachts must be
determined by their marine papers. Circular
No, 81. Sept. 30. 1901
Tho Commissioner OF Navigation says he re-
POINTS. otherwise he would have sought an
opinion from tho law Off Ger OF the Treasury
before giving his approval OF tho action Of the
Collector.