The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-09-22

ltUDtftaisDu-. sfflfll1 -n-tIllt1s
who take their departure frufn a con-
tiguOus country n the other conditions
Of the rule exlst. IL 50 the exceptIon
has an adequate and proper Office
But II Is not even necessary To -
this far. II Is a matter of common e.
pcrience that savings and excepfto01
are often introduced from abundaus
and excessive caution. and II wou14
sometimes pervert the Intention of thq
author of a writing N everything of th4
same general tenor a. that excepte4
should I've regarded as embraced IN the
general words. tsutheriand ON statu~
tory Construction. section 22s.D
1t follows. therefore. that the answer
Ia your inquiry So far az section q
Is concerned. depends n) upon the chaf~
acter ~ the vessel in which the goods
were carried 10 Vancouver; 90 N In
foreign vessels. these goods were enc
titled by treaty or convention 10 be en-
tered into the ports OF the tnite9
States on the payment of the sans
duties as II imported Ia American ses~
sells.
n assume the vessels were not ~ the
United States. but British ycsseis. an4
this brings me to your cvmmunication
of Aug L.. In which YOU inQuiro
Nhether s.ctloD ge repcals ssctioBs s1U
W f-"- ~ thS tfNtSfn rtatut's aun <o@t
communication ~ sept. . eskiux
whethsr manganese ore imported fr6X
chill. ia the British bark Lurie. 20 Pn4s
adelphia. II ais" subject I" a dsscfim-
iratlng duty.
"A law imposing Discriminating
duties was on the statute books in SOME
form from the tine ot the snactmrnS
~ the first tarin bill. section = dif-
fsrs from the law previously In force
IN that there u omitted from IL the
Word by AN act ~ congress Docs
this repeal section s22sf IL WIN be oo-
served that thete are no words ~ ex-
press repeal Consideration of the efs
feet ~ this on section i--s VIII he sim
pillicd by rcferrnce Z" Contemporaries
Gus legislation.
"on the same day the Dingiey bfIJ
was approved an act entitled An art
To- nuthoriz. the president TO suxp>n6
discriminating duties imposed on for
cign yesseis and commerce. was ape
proved. \ shall Therefore. for conveui-
enc.. consult the suspension act. The
act provides that the president In au-
thorized to suspend In part the opera-
tions of sections s.is and s5es SO that
foreign vess.ls from country impose
ing partial discrimination tonnage du-
ties upon American vessels. or partial
determination import duties upon
American merchandIs.. may enjoy in
our por,s the identical privileges which
ths sam. class of American vessels and
merchandise may enjoy In said foreixn
country. n VIII bs observed that Il
recognizes IN. existence of sertiou an
and amends N and suIarxes the presi-
dents power. Hy section <,eS that
could only be exercised when NO dis
eliminating duties were imposed On
American Vessels.
American vessels. The amendmene
provides that the power may be exer-
cis.d to- meet and respond to partial
discrimination duties as well. reciprv-
cstinv The exact privilege through less
than total exemptions
This act II somewhat confused by
Its references. hut notwithsta anding this
confusion the act does recognise tho
existence of and extends section <ze1.
and u also recognizes section s50e-
What - the effect of this The act and
the Dinglcy bill We're passed ON the
same day. and ! do not think the order
~ passage Is important n they can b
reconcilsd. n elther repeals the other
/ II IL only by implication. The rule OF
implied repeal is well established by .
lorg line of cases. There must be more
| than difference: there must be irrecon-
1 Aiitbir tbUUltN
After citing several authorities In
support of his position. the attorney
nsral continues: Section - and sec-
ton is,S and amendments are not co..
extensive in scope: In purpose. there
fore. they may be the complrments Of
each other one prescriber a rule. the
other the condition upon which and The
energy by which u may be suspended
Each. therefore. has its purpose. defi-
mite and consistent.
-. .tlon tsss NIGH, be a provIso to
section % and is In effect made 80 by
tn. suspension act. and as such proyi<o
~ Is certainly not rppugnant to section
y. The latter has iss operation COM
msncing with its passage. Continuing
until the conditions of section lses o.
cur. and the president act on account
Of them. resuming again n the recip-
rccm exemptions OF foreign nations
have been Withdrawn.
Examples " this are familiar In our
legislation. Tue pf vision IN the Ding
ley hill for reciprocity OF trade II such
an example Ind = that the duties of
thu act may be changed"
The attorney general then quotes
several cases In support of a conclusion IN
he reaches that where there is differ
ence In purpcse Legislative prov isionz
may be independent. and then continu-
ing. SAYS hut the rule Of repeal by
Implication does not require us 10 And
Independence. N there il not irrecon
| tilabls conflict laws NAV exist touef n.