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

"a discrimination against importa-
tions OF goods. mot in the usual course
of strictly retail trade) from a con-
tiguous country. they not being the
products thereof In this the character
OF the vessel is not important
ga discrimination against goods
being the productions OF foreign coun-
try not contiguous to the United States
which shall come into the United states
from a contiguous country.
In this contention the words. come
into the United States, are used as
designating movement only. Under the
first and second contentious the duty
would Tot be imposed. Under the third
ii would be; hence, select il as a basis
for consideration.
1T is said that the section imposes the
duty in two cases-when the goods are
imported i'm vessels not Of the United
States and 10 the United States; when
they are the production OF a country
not contiguous and come into the United
States from a contiguous country, the
character Of the vessel in which they
were transported to the contiguous
country being Indifferent. The first case
We are now concerned with and the
second is attempted to be established
by the following reasoning: The goods
are Chinese or japanese production;
hence the production OF a foreign coun-
try not contiguous to the United States.
They come o,o the United States from
Canada, q contiguous country, and so
1t is urged that by the letter as well as
by the spirit Of the statute they are sub
ject TO the duty.
1T is conceded that the importation Is
TO the United States, passage through
Canada being mere movement only
towards des nation. the latter being the
United States. This being so. il would
seem that there was no reason to dis
tinguish between that importation and
what may he called in distinction di-
rect one-why one should be burdened
and the other not burdened-when the
discrimination was not necessary to the
main purpose OF the law. II is said that
the purpose of the amendment was to re-
lieve the American transcontinental rail-
roads against the competition of the
Canadian Pacific railroad 1t may be ad-
mitted that this Is a strong consideration,
but, on the other hand, II is urged that
this competition is a benefit. and other
American railroads claim that the Cana
dian Pacific Is a direct advantage 10
them.
How congress regarded this conflict
we have no means Of knowing. There
was certainly no avowal. and the only
expressions Of members which we have
indicate different purpose than one
which might or might not have been en-
tertained. and which II II had been en-
.
thing 10 have explicitly declared. As
there was no reason therefore why the
importations. direct or Indirect should
be Disseminated by different duties. I
am not disposed 10 think that It was in
tended. To so hold would be 10 put a
new purpose in the law, destroying its
unity. which i9 not implied by its lang
uage. or any mischief which we may say
was in the contemplation Of the lawmak-
ers TO be remedicd.
I'm the second contention the words.
come into the United States are used
as synonymous 60 imported. The lang
uage. being the production or manufac-
turc OF any foreign country not COntigu-
Gus to the United States Is urged only
ns descriptive OF the goods 10 which the
duty arpliec. The goods themselves. 1t
is contended. must take their departure
from the contiguous couptry in the strict
sense ~ importation as distinguished
from coming through IL as an importa-
tlon from some ether country. This view
is given plausbility 20 ny the exception
that the duty shall not apply 20 e1
'orcigu prCducta or manufactures - hall
be imported from such contiguous coun-
tries I'm tho usual course OF retail trade.
that the duty shall rot apply 90 such
N is said that the words Imported in the
coursa Of strictly rC,ail trace indicate
the rule. 1ncy are claimed 20 be the
opposite OF Importation in the course 81
wholesale trade. and that the latter
must be direct, as those by retail could