Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-14
Attorney General McKenna Listens
to Arguments.
Two TREASURY OFFICIALS COUNSEL
Messrs Carlise and Hamlin Repre-
sent Private Corporations.
B r I EFS TO BE FILED

hearing to parties interested in the uues-
ton involved in section % of the new tariff
act. Some days ago the Secretary of the
Treasury received information from the
collector of customs at Chicago that a
large invoice of teas and other goods from
Japan had been received at that port over
Canadian railroad, and asking whether
the 10 per cent discriminating duty pro-
vided for in section % applied to these
goods. The question was at once referred
to the Attorney General for an opinion
AT the request of the Boston and Maine
Railroad Company. however, the Attorney
General decided to give hearing today to
persons interested. Former Secretary Car
isle appeared for the Boston and Maine
railroad and Former Assistant Secretary
Hamlln represented the associated board Of
trade and the Merchants Association of
Boston. Mr.. Hamlin was the first speaker
MIR. Hnmlin's Contention.
The question, he said, was whether goods
shipped from China or Japan 10 points in
the United States through Canada were
importations from Canada within the
meaning of the statute. IN the case Of a
transaction, for instance, said he, of the
sale of goods in China to a merchant in
Boston, there was an Intermediary. The
transit of the goods, though they Nigh,
come in through Canada, was never inter
rupted. The goods, he insisted, could not
1alrly be said to be expectations from Can
ada- Mr. Hamlin cited a great many rul-
1rgs, botn of the Treasury Department and
the department of Justice in support Of
ms contention. In the case of goods going
.nroush United States territory in bond
from point in Canada to another point IN
canada, the solicitor of the treasury in an
exhaustive ruling, had decided that sub
entry Of goods did not constitute an i'm
ute e
He contended therefore that conversely
goods coming into the United States
.nroush canada In transit from another
country were not expectations from
canada. The decision of the above ones
tion. Mr.. Hamlin said, hinged unon the
construction to be placed upon these words
OF the statute: Come into the United
s.a.es s'as. from contiguous countries. He
goods in transit. The Century Dictionary
oenned from" as expressing departure
from point. These goods took their de-
Parture from China or Japan, not from
canada. AS well, said he, might it be con-
tended that a man travelling from New
YORK to Washington through Baltifore de
parted from Baltimore. The goods did rot
appear in the Canadian reports as exports
from Canada nor in our reports as imports
from Canada.
He cited as an analogous statute the law
requiring the deportation of Cinnamon ito
the country from whence" they came. In
constituting that statute the Attorney Cen
eral had decided the words from whence
he came meant his ultimate country of
departure (China), unless the Chinaman
had been naturaliZed by the dominion gov
ernment. 1t would be strange indeed said
Mr.. Hamlin, If the country through which
he came should be considered the country
from whence he came. And SO with goods
In bond. 1t was their place of shipment,
not point en- route, which must be con-
sidered. He spoke of the contract labor
law as offering another analogy. Laborers
unlawfully coming to the United States
must be deported by the carriers to the
place from whence they came."-
Object to Discriminating Duties.
Mr.. Hamlin also devoted some attention
to the old Cape of Good Hope statute to
show that the object of those discriminat-
ing duties was to compel direct trade with
the United States and eliminate the profits
Of the middleman. Mr.. Hamlin argued that
the statute. as shown by it's history, relat-
ed only to vessels, and ventured the asser-
tion that it had been placed in the statute
at the instigation of vessel owners. To
this, however, the Attorney General de-
Injured, saying he understood that Senator
Elkins was it's author. And If vessels only
were meant, why, he asked, was contiguous
territory mentioned? Mr.. Carlisle at this
point interrupted to urge that the words
vessels, whether for our ports or those of
contiguous territory, qualified the whole
section. In conclusion, Mr.. Hamlin spoke
OF the vast Importance Of the construction
of the statute.
1t would require an hour, he said, for
him to begin to tell of the interests which
would be affected by an adverse ruling
ana though such a ruling might ultimately
be reversed by the courts, the ruling itself
would do an immense amount of injury.
The west, northwest, north and northeast
he said were just beginning to wake up
acter of this question. He asked that those
opposed to this suggested taxation be given
the benefit of any doubt
Mr.. Nimmo's Review.
Joseph Nimmo of New York, who is con-
nected with the bureau of statistics, asked
to be heard, and went into a lengthy re-
view of the subject. 1t had been war of
the transportation interests of the United
States and Canada since 1S4S. Canada had,
he said, deported herself not only as a gov
ernment, but as a railroad and canal cor
poration.
To the craftiness Of politics she had add
ed the tricks of business. She had built
the Canadian Pacific at cost of S215. 600. coo
to divert American commerce from Ameri-
can ships and American railroads. He con-
fessed that he did not know how this con-
troverted clause had got into the statute,
but he thought 1t was cunningly devised to
stop the present evil.
Mr.. Carlfsle's Brief Remarks.
Mr.. Carlisle, who had been called into
the case only last night, closed the hearing
with some brief remarks. If Section . did
not apply only to the vessels. he said, he
agreed with Mr.. Hamlin that the words
came into" meant imported. But he con-
tended that the whole statute related only
to goods imported in vessels of the United
States" The old statute did not meet all
the requirements. While it imposed the
discriminating duties on cargoes in vessels
not Of the United States Except where
treaty stipulations exempted them) coming
directly to the United States ports, 1t did
not touch goods brought in such vessels to
contiguous territory, and then shipped to
the United States. He argued that the
clause had been inserted to prevent just
such roundabout importations which now
escaped the discriminating tax.
He quoted from Senator Allison's expla-
nation that the amendment made no change
in existing statute except as to such goods
coming into the United States from con-
tiguous territory, which now escaped the
discriminating duty. Mr.. McKenna asked
II the last clause Of the statute exemptfng
such goods imported in the usual course Of
the retail trade did not initiate against Mr.
Carlfsle's construction, to which the latter
responded that the words such goods