The Hawaiian gazette., 1897-08-31
LEGAL QUIBBLINC.
Attorney General MGKGlla Asked
to Interpret Tariff,
WHAT DOES imported" MEAN?
May Affect Oriental Trade
Via Vancouver.
Old Treaty With England Covers
the Point of Dlscrimina-
ting Duty.
WASHINGTON.

WASHINGTON. August 16.-Al-
though The Attorney-General has given
his iHtimation OF the nature OF his de-
eision with regard to the question of
the application Of section p Of the tar
if law 10 goods brought into this coun-
Try from Canada under Consular seal.
the belief is growing that it will be
favorable 10 the imposition Of the dis
eliminating duty. During the hearing
il was noticed that his questions to ex-
Secretary Carlisle were almost entirely
OF character TO bring out reasons for
a favorable decision. and while he ac-
knowledged freely his doubt as TO the
true construction of the section, it
seemed TO those who were present that
he was seeking for arguments to justify
2 radical protection.
Should it be decided that the discrim-
mating duty applies TO goods in bond,
then the shipments by way of Vancou-
yer would be seriously diminished and
consequently the commerce Of San
Francisco would be greatly benefited.
for teas and other Oriental products
would be brought 70 American ports
and shipped across the continent over
American railways. II is also remem-
bered that in his decision rendered
last week in regard TO the importation
Of diamonds al Detroit, the Attorney
General said: For the purpose of this
opinion, il is necessary to consider the
precise effect of the words come into
as distinguished from the word i'm
ported, if. indeed. there be any diff
ference in meaning"
The question Of the application of the
discriminating duty to goods trans
shipped in bond depends to a great ex-
tent upon whether there is such diff
ference in meaning or not, and wheth-
er the word from" a contiguous coun-
try is equivalent 10 the word
through
In some of the discussions concern
ing the question at issue there has been
. good deal Of confusion as to the class
OF goods which would be affected BY a
decision in favor Of the discriminating
duty. The question is not. as some
have surmised, whether goods coming
in ships ordinarily subject to duty
shall escape the duty through trans
shipment in bond. Mr.. Carlisle admit
ted to Attorney-General McKenna that
goods which came to Vancouver for ex-
ample, in vessels which rendered them
subject to duty were subject to the
duty whether transshipped in bond OF
not Indeed. one of the points Of his
argument was that the law was in.
tended 10 apply 10 those goods alone
and that its sole purpose was TO dis.
criminate against foreign vessels, with,
out reference to railroads in any way
The point at issue is whether good:
coming 10 Canadian port in a vesse
not subject TO the discriminating duty
became subject TO the duty by reason Of
entering the United States from Cana.
dian territory. Were this not the point
ar issue the question would hardly be
worth discussion by the railroads. as
the amount Of goods which would BIZ
subject TO the discriminating duty
could never be great, unless it should
appear that the ships of Great Britain
are not protected from the discrimina-
ton by treaty. in which event there
would be q marked change in the com.
mercial arrangements Of the United
States and Great Britain pending tbs
negotiation Of a new treaty.
Treasury officials, who have been un.
able to find any treaty provision or
this subject. except the article in tbs
treaty Of 1915, which protects from dis
elimination produce of His Britannia
Majesty's territories in Europe" hav'
no intention to press this interpreta
ton at present, although the question
may be brought up for decision later
when it will be possible to remedy tn,
evident oversight by the negotiation
and ratification Of new treaty.