New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-03-31
PRICE THREE CENTS.
THE NEW BILL TO GO INTO EFFECT BE.
FORE 1T BECOMES A LAW.


APRIL Is THE DATE FIXED IN AN AMENDMENT
AGREED TO BY THE WAYS AND MEANS COM
MIrTEE-THE INTENTION IS TO STOP
ANTrcIPAToRY IMPoRrATIoNs
Washington, March 30-Chairman Dingle:
and his colleagues Of the Ways ard Means Com
mittee will attempt to have the duties imposed
by the new Tariff bill go into effect before Il
becomes law. This novel and much discussed
policy definitely resolved upon at a meet
ing OF the Republican members Of the commit
tee held tonight The subcommittee. consist.
ing OF Representatives Grosvenor. OF Ohio Taw.
ney. of Minnesota. and Dalzell. OF Pennsylvania,
which was authorized to report upon the PROPOSE
tion. presented an amepdment which they had
written. and their colleagues instructed Mr. Gros-
venor to offer he amendment tomorrow in the
House. There is no doubt that It will be adopted
by party vote.
The substance Of the amendment as fol-
lows: That the duties imposed by the bill shall
be enforced and collected all goods imported
after April II and prior to the passage % the
act, not purchased or I'm transit prior TO ArrI l.
II creates a ler upon the goods thus imported for
the amount of the duties imrosed. and also
makes the importer and the person in whose pos
session the goods MAJ be found. II not a retail
"A
the duties for the excess imposed by the bill
above the amounts such articles may have paid.
It also requires customs officers to retain SAM
pies Of imported goods the end that the evil
dence of identification may be preserved 1t pro-
vides for bringing suits TO recover the duties.
both against importers and wholesale merchants,
and gives TO Circuit Courts Of the United States
full and complete Jurisdiction TO hear and de-
termine such actions and TO enforce the judg-
ment.
The QUESTION OF CoNSTITCTIONAL1rY.
The members Of the subcommittee had inves-
tigated the question of the constitutionality and
validity of the proposition personally and had
secured the opinions Of able lawyers. among
them the Attorney General Of Ohio. When they
presented 20 their colleagues the authorities on
which they propose to sustain the amendment
there was no dissent from their views.
Letters have poured in upon Mr.. pirgley and
his colleagues this week from importers asking
what proposed TO he done in the matter.
The first intention was to have the amendment
provide for enforcing the new rates on April ?.
two days after the bill is TO ne passed by the
House. but this seemed distinctly unfair 10
dealers who might have ordered goods before
that date. If importers place their orders
and get goods through the Custom House before
April ID. the amendment Will rot affect them.
but they will be obliged TO take their chances
in such attempts While there is much doubt
expressed by members Of Congress as 10 the va
dty of the proposed amendment. and as TO It's
acceptance by the Senate. II will doubtless have
the effect Of discouraging importations while III.
bill is pending before that body. Importers will
hardly care to run the risks OF the litigation In
which they might become involved
The chief precedent on which the Committee
relies TO sustain its action is decision of the
fnIrf ring of .
That act did not become law until August -,
1894. althOhgh the bill stated that the duties
therein imposed should be levied on and after
August ]. 1t before Congress. therefore.
nearly a month after the time fixed for its be-
ginning. and the House accepted the Senate
amendments without sendinS-the bill 10 confer
between the two houses. the intention, OF
the leaders To change the date OF its enforcement
in conference could not be carried out The Su-
preme Court decided in effect. however, as its
opinion is interpreted by the Ways and Means
Committee, that the rates of the act became
operative on the date declared by the act. al
though that date was twenty-eight days before
ii became a law. There also decisions by
State courts in cases involving taxation which
the committee will quote as authorities.
The theory Of the amendment was explained
by member OF the Ways and Means Committee
in these words: 1T only relates To goods con-
tracted for subsequent to the date on which the
bill passes the House and the importer Will make
all purchases with notice of the purpose or CON-
greas to impose and collect certain duties on
goods imported after certain date. In other
words he knows that goods which he imports
will be liable for higher rate OF duty, and.
therefore. he could not avail himself or rules
usually applica BILE TO bOna-tide purchases. The
law when enacted would simply relate back 10
and impose duties upon goods purchased Tor I'M
mort after the importer knew that such duties
We're to be imposed This will not be retroactive.
but retrospective legislation.