The San Francisco call., 1897-09-22
CAUSED GREAT SURPRISE.
Washington Lawyers Declare That
the Attorney General Has
Made Mistake,

WASHINGTON, d. e., Sept. N.-The
opinion OF Attorney General McKenna on
section % of the tariff act was a great sur
prise to most of the officials in Washing
ton, who had oxpe cted that he would take
the view that it imposed the 10 per cent
additional duty on goods imported
through Canada. Several first-Class law
yers with whom The CALL correspondent
talked tonight. as well as some politi-
clans, expressed the opinion that the At
torney-General had made great mistake.
Colonel J. T. Evans of San Francisco, who
is we'll known in Washington as an ex-
pert on customs laws, voiced this senti-
ment when he said:
"Ther re was ab-oIutely no reason why
the Treasury Department should have
called upon the Attorney-Genersl for his
opinion in this matter, as it seems to me
that 1t would have been wiser for him to
have replied to Secretary Gage that the
construction OF section 90 did not rest
with the Attorney-General nor with the
Treasury Department. 1t is surprising to
me that the question should have been re-
ferred TO HIM a all. and it is ameZ Zing that
a good lawyer such as Mckenna is re-
puted to be- should hBve undertaken to
re nder an opinion as to a rate OF duty,
when he could have avoided the responsi-
biHsy, as he should have done, by reply
ing that the general board of customs ap-
praisers was created bg act OF Congress
especially for the purpose of settling the
rates of duty to be imposed. 1t was or
this board to construe section %, and the
dissatisfied party could have appealed to
the United States Circuit Court OF Ap-
peals. The people of California will GER
tainly be greatly disappointed with Mr..
MckennaS Interpretation OF the section,
especially as 1t appears TO be gratuitous."
Some politicians here who do not appear
to De especially friendly 10 McKenna say
that his opinion may have been Influenced
by his desire to dispel the idea that he is
a Corporation man" 1t is generally con-
ceded that Mr.. McKenna Will be NOM
mated 10 succeed Associate Justice Field,
and it is known that Senator Morgan and
others. who have been fighting he Pacific
railroads, Will oppose his confirmation on
the ground that il would not do TO ap-
point any more lawyers on the Supreme
Court who have a tendency to favor rail-
roads. They say that McKenna is anx-
i0us to appear as an 'anti-railroader."
Bat it is only fair TO the Attorney Gen
eral 10 say that the best judgment among
the lawyers is that MCKenna gave his
opinion i'm partially and judicially, with
out anv ulterior political motives. 1t is
not believed, however, that the opinion of
the Attorney-Gener settles the matter,
for the question will undoubtedly be
raised by a Collector of Customs and
tested and settled in the Federal courts,
as provided by the statutes.
Senator Eikins said to the CALL CORES
poadent tonight: The decision was a
isappointment. l am willing to admit
that had part in the adoption of Sec
tion %. The end is not yet. At next
winters session of Congress a strong
effort will be made to repeal the Canadian
Pacific bonded privilege"
"Will the matter now become ques-
ton for the courts 10 determineP" was
asked.
Senator E.kins replied: al have not in
vestigated this phase of the matter. II
the opin ion had been the other way it
certainly would have been tested in the
courts"