The age-herald., 1897-09-22

portation as distinguished from coming through 1t as an importation from some other country. This view is given plausibillty to by the exception that the duty shall not apply to such foreign products or manufactures as shall be imported from such contiguous coun- tries in the usual course of retail trade. It is said that the words 'importsd in the course of strictly retail trade" in- dicate the rule. They are claimed to be the opposite of importation in the course or wholesale trade and that tn. latter must be direct as those by retail could be by no other way But this does not follow. Such construction would con- fine the rule strictly to the exception, whereas 1t may be broad ned-including 1mportations strictly -called-those which take their departure from a con- tiguous country if the other conditions of the rule exist. If so the section has an adequate and proper offc=. But even if not it is not necessary to go this far. It is a common experience that savings and exceptions are often intro tion. And 1t would sometimes pervert the intention of the author of a writing if every other thing of the sam- general tenor as that excepted should be re- garded as embraced in the general words. (Southerland on statutory con- struction sec. 222.) It follows, ther fore, that the answer to your inquiry so far as section 22 is concerned depends Q) upon the character of the vessel in which the goods were carried to Van couver; @, if in foreign vessels, whether the goods were entitled by treaty or convention to be entered in the ports of the United States upon the payment of the same duties as if imported in Ameri- can vessels.
 l assume the vessels were not of the United States, but British vessels, and this brings me to you communication of Aug. F, in which you inquire whether section P repeals sections 422S to 4232 of the revised statutes, and your communi- cation of Sept. ?, asking whether m2n- ganaze ore imported from Chill ia the British bark Lurlie to Philadelphia is also subject to a discriminating duty.
 IA law imposing discriminating dutes has been on the statute books in some form from the time of the ena ctmsnt of the first tariff bill. Section 22 differs from the law previously in force in that there is emitted from it the words "by ain act of congress- Does this repeal section 422S? It will be observed that there are TO words of express repeal. Consideration of the effect upon section 4228 would be simplfied by a reference to contemporaneous legislation. On the same day the Dingley bill was approved "an act authorizing the president to sus- pend discrimina ting duties on foreign vessels and commerce. was approved. I shall. hlowever, for convenience, call it a suspension act. This act provides that the president is authorized to suspend fin part the operations of sections 4219 and 4502 so that foreign vessels from a coun- try imposing partial discriminating tom mage dutes upon American vessels or partial discriminating import duties upon American merchandise may enjoy h our ports the identical privileges which the same class of American vessels amid merchandise may enjoy in said foreign country.
 It will be observed that 1t recognizes the existence of section 422S and amends it and enlarges the presidents powers. The amendment provides that the power may be exercised to meet and respond to partial discriminating duties as we'll as reciprocating the exact privileges through less than total exemptions.
 The act is somewhat confused from its reference, but notwithstanding the con fusion the act does recognize the exist ence of and extends section 422S. and it also recognizes section 4502. What Is the effect of this?
 The suspension and Dingley bills were passed on the same day, and do not think the order of the passage is im- portant if they can be reconciled. If either repeals the other it Is only by im- plication. The rule of implied repeals is we'll established by long line of cases. There must be more than diff ference-there must be irreconcilable conflict.
 After citing several authorities in sup port of his position, the attorney-gen- era1 continues:
 Section 22 and section 422s and amendments are not co-extensive in scope; in purpose. therefore, they may be the complements of each other. One prescribes rule, the other the condi- tion upon which and the agency by which 1t may be suspended. Each, therefore, has it's purpose-deinite and consistent. Section 422S might be a pro- yiso to section 22, and is in effect made