Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-21

Purpose of the Section.
The section, therefore. regards, as the
law which preceded itIregarded. the trans.
portation of goods by sea. Its purpose was
to secure this to vessels Of the United
States by discriminating against transpor.
tation not In them. primarily. to the United
States; secondarily, and to prevent evasion
to contiguous country-Canada or Mexico
| The necessity of 1t to- the effectiveness OF
| the law Is obvious. Mere distance from the
| port Of Vancouver to an American custom
| house was as accidental to an importation
.nss way as mere distance from the por'
OF San Francisco to a New York custom
| house was to an Importation that way
| The essential fact to be regarded was tina.
| Vancouver was not in the United States
| and that Canada was q contiguous coun-
| try. That could be q means of evasion I,
| would have been useless to have Imposed
| e discriminating duty on goods brought to
San Francisco In foreign vessels and leave
| them free to go to Vancouver in foreign
! vessels and thence across the Intervening
| land to the United States.
The amendment OF the law which is made
| by section "a, therefore. continues it's OBJ
| 1ect while 1t strengthens and better secures
| H. II does this in two ways, II may re-
/ peat. by taking away the means Of its
evasion through the contiguity of Canada
ana Mexico and by repeating the statutory
exemptions from tie 10 per cent duty. The
special effect Of this repeal will consider
| hereafter.
l have considered your inquiry SO far as
| II the section only regarded mere trans
| Iortalion through Canada. We shall see
hereafter that 1t has r broader scope
In the second contention the words come
| Into the United States" are used as syn
onymous to imported. The language "be
ing the production or manufacture of any
foreign country not contiguous to the
United States" is urged only as descriptive
| Of the goods to which the duty applies
| The goods themselves it is commended
must take their denarfure he
| ttguous country in the strict sense of i'm
pcrtation az distinguished from coming
through 1t as an Importation from some
other country. / do not consider it neces-
| sary to detail the reasoning advanced to
support this view. 1 have already given
my interpl citation of the words come
| into" and tt at of the provision in which
they are contained, and it would serve no
purpose to make a circumstantial dissent
| from any other. / may say. however that
this view is given FEASIBILITY to by the
| exception that the duty shall mot apply
| to such foreign products or manufactures
as shall be imported from such contiguous
countries In the usual course of retail
| trade" It is said that the words Imported
| in the course of strictly retail trade in
| dlcate the rule. They are claimed to be the
| opposite of importation in the course of
| wholesale trade, and that the latter must
| be direct, as those by retail could be no
other way. But this does not follow. Such
construction would confine the rule strictly
| to the exception. whereas it may be broad
er-including importations strictly SO called
| those which take their departure from
! contiguous country if the other condi-
! items of the rule exist: II SO the exception
| has an adequate and proper Office. But it
| is not even necessary to go this far. ut
is matter Of common experience that
| savings and exceptions are often intro
| drced from abundant and excessive eau
| ton. And 1t would sometimes pervert the
| Intention of the author Of a writing IL
every other thing Of the same general
| tenor as that excepted should be regarded
as embraced in the general words" (Suth-
erland on Statutory Construction, Sec.
| 222).
It follows, thereforeE that the answer TO
your inquiry SO far as section y Is con. !.
| cerned depends "a upon the character OF
the vessel iii which the goods were car
ried to Vancouver; % if in foreign YES
sells, whether the goods were entitled by
ports of the United States upon the pay
| ment of the same duties as II, imported
| in American vessels. Il 20 y.
Imported In Rritish Vessels.
| I assume the vessels were not Of the
United States, but British, vessels and this
| brings me to your Standardization OF Au-
| gust II. In which you inquire whether sec
| ton % repeats sections 1928 to 1892 Of the
| Revised Statutes, and your communication
of September asking whether manganese
ore imported from Chile in the British bark
| Lurlie to Philadelphia is also subject to a
discriminating duty. as,
A law Imposing discriminating duties has
| been on the statute books in some form
from the time of the enactment Of the first
/ tariff bill.
| In the form Substantially it maintained
| until section % was passed it was inserted
| in the act of May %, 1924. Section Of
| that act was as follows:
Section 2. And be it further enacted,
| That an addition of ten per centum shall be
| made to the several rates of duties hereby
| imposed upon the several articles aforesaid.
| which, after the said respective times for
! the commencement of the duties hereby
| imposed. shall be imported in ships or ves-
sells. not of the United States: Provided,
| That this addition shall not be applied to
| articles imported In ships or vessels not of
the United States, entitled by treaty. or by
any act Of Congress, to be admitted on
| payment of the same duties that are paid
on like articles Imported in ships or vessels
of the United States"
This section. with unimpor.ant verbal
changes, became section ii of the act Of
1880 and section 2502 Of the Revised Stat
| utes. .-. -.
In section % there is a change. There is
| omitted from 1t the words 'by any act Of
! Congress" Does this repeal sectton 1923?
1t will be observed that there are no words
OF express repeal. The effects Of the acts
OF Congress are avoided, and this may not
be the same as to section 1925 as to Sec
| ton I'D and 1880, which grant exemption
| directly to Prussian vessels. However, CT n
sideration will be simpiified by reference
to contemporaneous legislation.
On the same day the Dingley bill YVES APP
proved an act entitled IAN act to authorize
the President to suspend discriminating du-
| ties imposed on foreign vessels and COM
merce" was approved shall hereafter for
convenience cali it the suspension act 1t is
as follows:
THAT section 1923 of the Revised Statutes
is amended by adding to the same the
following, to wit: Provided. That the Presi-
| dent is authorized to suspend In part the
operations of sections 4219 ind 1902 so that
foreign vessels from country imposing
partial discriminating tonnage duties upon
| American vessels, or partial discriminating
| import duties upon American merchandise
! may enjoy In our ports the Identical priv
leges which the same class Of American
vessels and merchandise may enjoy in said
| foreign country" =
| 1t will be observed that 1t recognizes
! the existence OF section 1928 and amends
1t and enlarges the Presidents power By
| 422S that could only be exercised when nc
| discriminating duties were imposed or laid
on American vessels. The amendment pro-
vtdes that the power, may be exercised to
| meet and respond toIpartial discriminating
| duties as weil-reciprbcatSHg the exact priv
| iege. though less than, total exemptions.
/ not ic A. ~