New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-09-22
TENT or THE OPINION.

x,.osbir,,or Sent 2-Thc opinion of the Al.
,ornevGeneral first quotes Section q In fuIi' ana
then says
Three plausible contentious based upon tnss ds
section which. 10 strength oh! "''e' ~
That the du is dseTimnaSSn SIates %poR whether
,ations in yesseS n4t 9i ,es sne nr TO contiguous
country and thence TO the United States S, - goods
nS N S nHa toTse sTsf Of iPcty retail radel
from contiguous o3dntiS, yacrer Jney @ of the yes-
products thereof. In this the character u '"'
"a disnrimination against goods. being the
productions of a foreign country not contiguous t9
the United States which shall come into the C"''eo
States from contiguous country tT ..cor,a into the
United States are used as designating movemehns
dutyy would not be imposed Under the third It
would he. / hence select it as basis for CONSIDER
TO support it it is said that the section imposes
G in %e GsS eS 9 "a S MATn ned tS States and to
the United States (b) when they are the pronuct1n
o. country not contiguous; ana come o he
character OF the vessel in which they were trans
ported the contiguous country being indinerent.
The first case we not now. concerned with.
and the second is attempted 10 be esta6llshed py
Japanese production hence the production OF
gn SJ come mot nS b 10 Stes hG e4tsa om
Canada. contiguous country ana so II IS 1reea geo
statute they subject 10 the duty.
THE INTENTION OF CONGRESS.
II Is tndl u ~
States-passage through Canada being a mere move
ment only toward destination the latter being the
United States. This being 30, II would seem that
there was to distinguish between that
Importation and what may be called In distinction
direct one-wny one should be burdened ana the
other not burdened-when the discrimination was not
necessary to the main purpose OF the law IL is
said that the purpose OF the amendment was 20 ls-
lieve the American iranscontinenia railroads
from the competition of the Canadian rnSlnS an
Railroad. 1t may be admitted that ms Is strong
CONSIDERATION hut. on the other hand. Il IS urged
thar this competition is benefit, and other Amer
can railroads claim that the Canadan Facinc u a 4
direct advantage them. How Congress regarded
this conflict we have no means @ % o, 6y
Of members which have Indicate a different pur-
a and When II it had been entertained IL
would the natural thing to nave exphciuy oe'
As there was no reason. therefore, why the I'M
portatonsndirect or drect-snouId De ~
think that It intended. To so hold would ne to
new ParP0se II ihs ey s or s any mis-
chief which We may say was IN the contemplation
OF the lawmakers to be remeded ..o lon, ,,,,,,
preceded il regarded. the transportation OF goods oy
tinted states by discriminating against transporta-
ton rot in them primarily 10 me uhite1 y Sos.es:
eGGnqG eoGnryHGanadi or Mexco The necessity Of tS
the effectiveness Of Il he bsv aW mposed S discriminating
duty on goods brought 70 san Francisco in for
eoaver ctS foreign vessels and thence across the in
tervening land TO the United states: states ,ao ,v ss.-
op ne % tberefore continues rs object while II
strengthens and better secures Il II does tnls IN
Two Tavs viz by taking away the means OF eva
sion through the contguity OF Canada and Mexico
and by repeating the statutory eNeHHp'io"' i'"'''
the 10 per cent duty.
BROAD SCOPE OF SECTION o.
ha,o considered your inquiry so far as II the
soc,ion only regarded mere transportation through
Canada We shall see hereafter that II mas
broader scope.
In the second contention the words come into
~ Inn
ported The language being the production or
manufacture of any foreign country not contiguous
io the United States is urged only as descriptive
81 ~ the Goods TO which the duty applies. The
oo3s themselves II /. cOntended must take their
departure from the contiguous country IN the
coming through ii az an importation from some
other coGntTJ This view is given pla, sibty to BY
The exception that the duty shall mot apply TO
such foreign products or manufactures shall be
Imported from su,h contiguous countries =, IN ths
words imported in the course OF strictly retail
indicate the T ney in b are cosd Ssmsa % to ,.
sale trade. and that the latter must be direct. as
does de not follow Such construction would confne
the rule strictly to the exception whereas it may
those which take their departure from contig-
uoGs country Il the other conditions OF the rule
exist II cSs So the eNcep''o" mas an adequate ana
pRpt T. is not even necessary 10 20 this far TT
is a matter Of common experience that sayings
ana ana eTcessIve caution And it would sometimes per-
Vert the Intention OF the author OF writing II every
~ nor thing OF the same general tenor as that ex-
ccn,ed should be regarded embraced In the
general words" Sutherland on Statutory Com
struction. Section 222)
T. follows Therefore that the answer TO your IN.
auiry. so FAR as Section % is concerned. depends:
the character Cf the vessels In which
the goods we're carried To Vancouver.
Second-If In foreign vessels. whether the goods
vere entitled by treaty convention 10 be entered
in the ports of the United States upon the payment
OF the same duties as II imported In American ves-
sells. 80. . -
assume the vessels OF the United
States but British vessels. and this brings me to
v,ur communication of August II. in which you In.
ouire whether Section % repeas Sections 4.22S to
4 90 Of the Revised Statutes. and your communi-
cation OF September asking whether manganese
ore imported from Chill In the British bark Lurlie
10 Philadelphia Is also subject 10 a discriminating
duty ,,,,..,.~x ,.,o. 49,. 49,. -.
tho statute books in s1me form from the time OF
tho enactment OF the first tariff bill Section q dif
fers from the law previously in force In that there
- o,it,ed from II the words by any act OF Con-
gross" Does this repeal Section f22sy IL viii be
eehsspved that there are woris or express repeal
C'ns,Ieraton OF the effect OF this on Section 4223
will be simpfed by reference to contemporaneous
&c Sn the same day the Dingley bill was approved
an act entitled IAN act TO authorize the Presideng
TO suspend discriminating duties imposed on for
eien vessels and commerce" was approved l shp
bereafter for convenience call II the Suspension ac
This act provides that the President is authorzl
IN SUSPEND ir part the operations OF sections ~
and 800 that foreign vessels from COUNT
imposing partial discriminating tonnage duit
import duNes upon American merchandise NJ