Evening journal., 1897-03-31
WILL Be RETROACTIVE.
Tariff Measure to Be In Force
Before 1t Is a Law.
TO HEAD OFF IMPORTING soHEMEs

The Dingiey Bill Debate Continued In the
House Western Republicans Object to
Hides Being on the Free List Hoar's
Amendment to the Treaty In the Senate
Washington, March 81. - Chairman
Dingley and his colleagues OF the ways
and means committee will attempt to
have the duties imposed by the new tar
if bill go into effect before the bill be-
comes a law. This novel and much dis
cussed policy has been definitely re-
solved upon by the Republican members
of the committed The subcommittee.
consisting of Representatives Grosvenor
of Ohio, Tawney Of Minnesota and Dali
zell Of Pennsylvania. which was author
lied to report upon the proposition. pre-
sented an amendment which they had
written, and their colleagues instructed
Mr. Grosvenor to offer the amendment
in the house. The substance Of the
amendment follows:
That the duties imposed by the bill
shall be enforced and collected on all
goods imported after April Is and prior
to the passage Of the act not purchased
or in transit prior to April 1. 1t creates
a lien upon the goods thus imported for
the amount of the duties imposed and
Fl in whose possession the goods may be
+ found, if not a retail merchant or a car
/. rier, liable for the amount of the duties
or for the excess imposed by the bill
4 above the amounts such articles may
nave paid. 1t also requires customs Of
ncers to retain samples of imported
a goods to the end that the evidence Of
3 Identification may be preserved. 1t pro-
Vfdes for bringing suits to recover the
duties, both against importers and
f wholesale merchants. and gives to cir
cult courts Of the United States fun and
3 complete jurisdiction to hear and deter
mine such actions and to enforce the
4 judgment
As to Its Constitutionality.
The members of the subcommittee
had Investigated 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 to their colleagues
the authorities on which they propose
70 sustain the amendment there was
& no dissent from their views.
Letters have poured in upon Mr. Ding
ley and his colleagues this week from
importers asking what was proposed to
be done in the matter The first inten-
ton was TO have the amendment pro-
Vlde Tor enforcing the new rates on the
I'd of April. two days after the bin is TO
De passed by the house. but this seemed
distinctly unfair 20 dealers who might
nave ordered goods before that date
If importers can place their orders
and get goods through the customs
house before April Is. the amendment
viii not affect them but they will be
s obliged to take their chances in such
attempts. While there is much doubt
expressed by members of congress as
o the validity of the proposed amend
nent and as TO it's acceptance by the
senate, il win doubtless have the ef-
ect Of discouraging importations while
ne bill is pending before the senate.
Importers viii hardly care to run the
fsk of the litigation in which they
night become involved.
Precedent In the Wilson Act.
The chief precedent on which the
committee relies to sustain its action
decision of the supreme court.
Towing out of the Wilson act That
-ct did not become law until Aug.
8, 1894 although the bill stated that
he duties therein imposed should be
evied on and after Aug. l. 1t was
'efore congress therefore nearly a
Month after the time fixed for its be-
inning, and as the house accepted the
enate amendments without sending
he bill to conference between the two
ouses the intention of the leaders
change the date of its enforcement
conference could not be carried out.
he supreme court decided in effect.
owever rs its opinion is interpreted
the ways and means committee.
hat the rates of the act become opera
We on the date declared by the act. al
hough that date was 2S days before It
ecame law.
There are also decisions by state
ourts in cases involving taxation
'hich the committee will quote as au-
aorities.
Theory of the Amendment.
The theory of the amendment was
xplained by a member of the ways
nd means committee in these words:
It only relates to goods contracted for
lbsequent to the date on which the
Ill passes the house. and the importer
i'll make all purchases with notice of
ne purpose Of congress to impose and
)llect certain duties on goods import
after a certain date. In other words
2 knows that goods which he imports
iii be liable for higher rate of duty
nd therefore he could not avail HIM
If of rules usually applicable to bona
lie purchases. The law when enacted
ould simply relate back to and inn
ose duties upon goods purchased for
nport after the importer knew that
ich duties We're to be imposed This
III not be retroactive. but retrospec-
We legislation"
The Tariff Talk Continued.
Washington. March s1.-Party feeling