The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-03-31
THE LAW TO BE
RETROACTIVE !
The DINGHY Bill to be Enforced Before
Its Final Passage.
TO TAKE EFFECT AFTER APRIL IS.
An Amendment to that Effect Agreed
Upon by the Republican Members Of
the Ways and Means Com
mittee-Precedent for
Such Action

Dlngley ana MS colleagues or the ways
and means committee viii attempt to
have the duties imposed by the new
tariff bin go into effect before the bill
becomes a law. This novel and much
discussed policy was definitely re-
solved upon at a meeting of the Re
publican members Of the committee,
and a subcommittee consisting of
Representatives Grosvenor Of Ohio.
Tawney of Minneapolis and Dalzell of
Pennsylvania was authorized to re-
port upon the proposition They pre-
sented an amendment which they had
written, and their colleagues instruct
ed MIR. GrosvenoT to offer the amend
ment today in the house. There is
no doubt that it will be adopted by a
party vote. The substance Of the
amendment is as follows:
The duties imposed by the bill shall
be enforced and collected on all goods
imported subsequent to April 10 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 also makes the importer
and the person in whose possession
the goods may be found, if not a retail
merchant or a carrier, liable for the
dlAlDulil VI Alld huNAGaB VI lbA NAA1 0ANN7o
imposed by the bill above the amounts
such articles may have paid. 1t also
requires customs officers to retain sam
pies of imported goods, to the end that
the evidence of Identification may be
preserved. 1t provides for bringing
suits to recover the duties, both against
/ importers and wholesale merchants
Letters have poured in upon Mr.
| Dngley and his colleagues this week
/ from importers, asking what was pro-
| posed to be done in the matter. The
| first intention was to have the amend
ment provide for enforcing the new
| rates on the I'd Of April, two days after
/ the bill Is to be passed by the house
! but this seemed distinctly unfair to
| dealers who might have ordered goods
before that date. If importers can
place their orders and get goods
through the custom houses before April
/ Is the amendment viii not 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 to the va
lidity of the proposed amendment, and
| as to its acceptance by the senate, it
viii doubtless have the effect of dis
couraging importations while the bill
/ is pending before the senate. Import
ers wil 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 it's action
is a decision of the supreme court
growing out of the Wilson act. That
act did not become law until Aug. 2S
1894, although the bill stated that the
duties therein imposed should be levied
on and after Aug. 1. 1t was before
congress, therefore, nearly a month
after the time fixed for its beginning,
and as the house accepted the senate
amendments without sending the bill
to a conference between the two houses
the intention Of the leaders to change
the date of its enforcement in con-
ference could not be carried out. The
supreme court decided in effect, how,
ever, as its opinion is interpreted by
the ways and means committee, thai
the rates of the act become operative
on the date declared by the act, al,
though that date was 2S days before
it became law. There are also de-
cisions by state courts in cases in
! volving taxation which the committee
: will quote as authorities.
, The theory of the amendment was
/ explained by a member of the ways
A and means committee in these words
I 1T only relates to goods contracted fol
subsequent to the date on which tn,
q bill passes the house, and the importe
! will make all purchases with motto,
of the purpose Of congress to impos
and collect certain duties on mer
q chandise imported after a certain date
In other words he knows that good
which he imports viii be liable for
higher rate of duty, and therefore n
e could not avail himself of rules usual.
{. applicable to bona fde purchases. Tn
4 law when enacted would simply re
Il late back to and impose duties upol
O goods purchased for import after tn
i. importer knew that the duties were t
IS be imposed. This win not be retro
active, but retrospective legislation.
active, but retrospective legislation"