The Providence news. (Providence [R.I.]) 1891-1906, 1897-09-22

be no other way: but this does not fol-
low. Such construction would confne
the rule strictly 10 the exception. where
a il may be broader including importa-
tions strictly so-called-those which take
their departure from q contiguous coun-
try II the other conditions Of the rule
exist. If so the exception has an ade-
cuate and proper office. But ii is not
even necessary TO go this far. 1t IS q
matter of common experience that saw
inGs and exceptions are often intro
duced from abundant and excessive eau
tion and il would sometimes pervert
the intention OF the author of writing
II every other thing of the same general
tenor as that excepted should pe re-
garded as embraced in the general
words Sutherland on statutory cor
struction, sec. 222).
1T follows. therefore, that the answer
to your inquiry so far as section y is
concerned depends upon the character
or the vessel in which the goods were
carried to Vancouver, If in foreign YES
sells, whether the goods were emitted
by treaty or convention to be entered
in the ports OF the United states upon
the payment Of the same duties a. II
imported in American vessels. assume
the vessels were not OF the United States
but British vessels, and this brings me
to your communication OF Aug. IL. in
which you inquire whether section ~
repeals sections 1923 to 1892 Of the re-
vised statutes, and your communication
OF Sept. ?. asking whether manganese
ore imported from Chill in the British
bark Lurie TO Philadelphia is also sub
ject TO a discriminating duty.
"A law imposing discriminating duties
has been on the statute books in some
form from the time Of the enactment of
the FIRST tariff bill. Section p differs
from the law previously in force in thai
there is omitted from ii the words by
any act OF congress Does this repeal
section 1873? 1t win be observed that
there are no words of express repeal.
Consideration of the effect of this on
section 1925 will be simplifed by refer
ence to contemporaneous legislation.
"On the same day the Dngley bill
was approved an act entitled An act
t. authorize the president to suspend
discriminating duties imposed on foreign
vessels and commerce was approved.
shall hereafter for convenience call it
the suspension act This act provides
that the presicSnt is authorized to sus-
pend I'm part the operations of sections
4219 and 2502 so that foreign vessels from
a country imposing partial dscriminat-
ing tonnage duties upon American ves-
stls or partial discriminating import du-
ties upon American merchandise may
enjoy in cur ports the identical privi
leges which the same class of American
vessels and merchandise may enjoy in
raid foreign country. 1t will be OBJ
served that IL recognizes the existence of
section apps. and amends 1T and en-
largcs the presidents power. by sec
tiOn 4228 that could only be exercised
when no discriminating duties were i'm
posed or laid on American vessels. The
amendment provides that the power
may be exercised TO meet and respond
to partial discriminating duties as we'll
reciproCatinG the exact privileges
though less than total exemptions.
This act is somewhat confused by its
references, but Notwithstanding this
confusion the act does recognize the ex-
istonce of and extends section 422S. and
il also recognizes section 2502. What is
the effect Of this? The act and the Ding
ley bill were passed on the same day.
and / do not think the order OF passage
is important IL they can be reconciled.
II either repeals the other II Is only by
Implication. The rule Of implied re-
poals is well established by n long line
of eases There must be more than diff
ference; there must be irreconcilable
conflict
After citing several authorities in sup
port OF his position, the attorney general
continues: Put the rule of repeal by
implication does not require us TO find
| Independence. II there is not irrecon-
| cilablr conflict the laws may exist to-
Rether AS w" have already seen, there
| Is certainly no irreconcilable conflict.
| Even n there was mere conflict in their
| language. mere in their purpose, this
| would have ~ yield 10 the Interpretation
| of the time and manner Of their passage.
| The suspension act was reported TO the
| house OF representatives, by the same
committee which reported the Dingley
Lill-was considered and passed -Nhile
that act was IN memory. 10 passed the
| senate while the Dngey bill was pend
ing in consideration, and was approved
| b. the president on the same day the
Dingley bill was. \ knowledge Of its
relations to that bill and its effect on ID