The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-08-24
THAT DISCRIMINATING TAX.

The New York Times accurately re-
marks that if the attorney general is
to construe the provision, trickily in
relating to goods imported from for
eign countries not contiguous that
come into this country from contiguous
countries, he can do nothing but sus-
tain the tax. Mr. Carlisle and Mr..
Hamlin have made ingenious argu-
mentS, but they are the refinements
and distinctions with which lawyers
try to make uncertain that which is
plain and clear to the ordinary under
standing. There is no possible ques-
ton as to the intent to tax goods so
coming into this country, nor of it's
purpose to shelter our Pacific roads
from the competition of the Canadian.
1t has been said that it was the work
of Senator Elkins and also that it was
done by our own Tawney in behalf of
the st. Paul and the Northwestern
roads which connect with Pacific roads
and, probably, wish to have the Ca
nadian's freight forced to go over their
lines. If this is true, Mr. Tawney's
zeal for the farmer was simply dust
raised by him to conceal his service
ability to the railways
But the Times insists that the at
torney general must construe the pro-
vision with reference to the section of
the constitution that prohibits con-
gress from giving preference" by ''any
regulation of commerce or revenue to
the ports Of one state over another"
1t cites five ports in that state that
receive imports from foreign countries
through the contiguous" country of
Canada, and it insists that the tax of
10 per cent levied on goods thus ar
irving gives to Atlantic ports a prefer
ence over the interior ports adjacent to
Canada. The same condition exists
here. st. Paul is a port of entry pre-
cisely as is Tacoma, Seattle or Port
land. In contemplation OF law it Dor
ders the ocean as they do. It's mer-
chants have the same right that the
merchants Of those cities have to make
direct importations from foreign coun-
tries by any Of the avenues Of COM
merce that reach st. Paul. If they
prefer the Canadian to any of the
other Pacific roads, they have the right
to use it that Seattle importer has to
patronize the Japanese or American
line of steamers. If the latter can re-
ceive his tea from Japan in foreign
vessels free exempt from this discrim-
has to pay it because his tea arrives
also in a foreign vessel that moves on
rails, the latter port of ST Paul is dis
eliminated against, a preference" is
given the port of Seattle over the port
Of st. Paul.
But we have no reason to expect that
the attorney general will give weight to
this distinction. In fact the case is set
tied. He has already decided, in the
case of the importation of 800, 900 worth
of diamonds, imported by a New York
firm from Europe, reaching the con-
signee from Montreal, that the tax of
10 per cent must be paid. He will
hardly reverse his judgment now that
a larger interest is making protest.
Nor is there any reason to expect re-
lief until the whole act in which this
bit Of tricky legislation is embodied is
completely wiped out The interests
that secured its insertion are too in
fiuential with congresses capable Of
warrant expectation that congress as
now constituted will repeal the pro-
vision.