The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-31
HOUSE WAYS AND MEANS COM
MITTEE DECIDES TO TRY
THE SCHEME,
DUTIES In EFFECT APRIL is.
MUCH DOUBT as TO THE LEGAL
ITY OF THE NOVEL
MEASURE.
FIRST TARIFF TALK IN SENATE.
Mr.. Allen, of Nebraska, Discusses
the Proper Limitsl OF Taxation
to Afford Protection.

WASHINGTON, March 30.-Chair-
man Dingley and his colleagues of the
ways and means committee will at
tempt to have the duties imposed by
the new tariff bill go into effect be-
fore the bill becomes a law. This novel
and much discussed policy was definite
ly resolved upon at meeting of the
Republican members of the committee
held tonight The subcommittee, con-
sisting of Representatives Grosvenor. Of
Ohio; Tawney, of Minnesota, and Dali
Zell, of Pennsylvania, which was au-
thorized to report upon the proposition,
presented an amendment which they
had written and their colleagues in
structed Mr.. Grosvenor to offer an
amendment tomorrow in the house
There is no doubt that it win be adopt
ed by a party vote. The substance of
the amendment follows:
That the duties imposed by the bill shall
be enforced and collected on all goods i'm
ported subsequent to April Is and prior to the
passage Of the act, not purchased or in transit
prior to April l. 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 amount of the duties
or for the excess 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 and gives to circuit courts of the
United States full and complete jurisdiction
TO hear and determine such actions and to
enforce the judgments.
The members of the subcommittee investi-
gated the question Of the constitutionality and
validity Of the proposition personally and Sc
cured the opinions of able lawyers, among
them the attorney general Of Ohio. When they
presented to their colleagues the authorities
on which they propose to sustain the amend
ment there was no dissent from their views.
Letters have poured in upon Mr.. Dingley
and his colleagues this week from importers
asking what was proposed to be done in the
matter. The first intention was to have the
amendment provide for enforcing the new
rates on the second 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.
II importers can place their orders and get
goods through the customs houses before April
Is the amendment VII 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
validity Of the proposed amendment and as to
its acceptance by the senate, it will doubt
less have the effect Of discouraging importa-
tons while the bill is pending before the
senate Importers wiA hardly care to run
the risks of the litigation in which they
might become involved.
The chief precedent CT which the committee
relies 70 sustain its action is a decision of
the supreme court growing out Of the Wilson
act. That act did not become a law until
Aug. q, 1894, although the bill. stated that
the duties therein inn 0sed should be levied
on and alter Aug. l. 1t was before congress
therefore, nearly month after the time fixed
for its beginning and as the house accepted
the sena,e amendments without sending the
bill to a conference between the TWO houses
the intention Of the leaders to change the cate
OF It's enforcement in d conference could not
be carried out. The supreme court decided
in erect, however, as its opinion is interpret
cd by the ways and means committee, that
the rates of the act became operative on the
date declared by the act although that date
was y days before it became law
There are also decisions by state courts in
cases involving taxation which the committee
will quote as authorities. The theory of
the amendment was explained by a member
OF the ways and means committee in these
words:
IL only relates to goods contracted for sub
sequent TO the date on which the bill passes
he mouse and the importer will make All
purchases with notice of the purpose of con-
sress to impose and collect certain duues on
gooos imported after "a certain date. In
other words, he knows that goods which he
imports Will be liable fer a higher rate of
duly and therefore he could not avail himself
OF rules usua--y apphca bic to bona fde pur
chases- The law when enacted would simplv
reldte back TO and impose duties upon goods
purchased for import faIteF me lmnorTsr go,
ma sech duties were to- be imposed This
WIN not be retroactive, but Retrospective .eg1s
latiOn. -N5-S