Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-09-01
PERpttxiHa QUESTIONS
Arlss Over ths iatsspretatlon o. The 10 ~
Csnt. Discriminating Duty.

washington, Aug. 3O.-lnvOIved IN
the question of the Interpretation II
section % OF the new tariff law With
regard to the 10 per cent. discriminate
ing duty on foreign goods coming into
the United States from Canada or Mex
leo, which Is now before the attorney
general for decision Is another ques-
ton of equal II not greater magnitude.
This other question has almost entire
~ escaped public notice. but 1t is CIV
ing the treasury great concern. 1t was
referred to the attorney general by
Secretary Gage for Interpretation along
with the other features of section 2.
which are in controversy.
1t involves the question Of whether
the discriminating duty of 10 per cent
does not apply to all goods imported
In foreign vessels landing at United
States Forts which are not exempt from
discriminating taxes by express treaty
stipulations. The question arises from
another slight deviation from the
language of previous provisions in sec-
ton % which II made Intentionally
would seem to indicate that it was de-
signed to discriminate against three
fourths OF all the big trans-A Atlantic
and trans Pacific steamship lines rs
well as many South American lines.
In all previous laws the section cor
responding to section % of the new law,
after providing for the 10 per cen.
discriminating duty on goods imported
in vessels not flying the United States
flag, provides that this discriminat-
ing duty shall not apply to goods, wares
or merchandise which shall be imported
In vessels not OF the United States, en-
titled at the time of such importation
by treaty per act of Congress- to be
entered in ports of the United States
on the payment OF the same duties as
shall be then payable on goods. etc,
imported in vessels of the United
States" The new law omits ''acts oi
Congress" and substitutes "conven-
ton" so as to make 1t read not exempt
by treaty or convention"
1t is in pursuance of an act of Con-
gress (section 422S) that Presidents in
the past have by proclamation ex-
empted the vessels of many countries
from this discriminating duty. The
question now before the attorney gen.
eral is whether the omission Of the
words "act of Congress" does not re-
peal section 422S. If it does. it will
strike a tremendous blow at all foreign
lines now exempt by Presidential proc
lamation and confine the exemption
strictly to the vessels of countries with
which we have treaties granting such
exemptions.
The vessels OF countris which could
not be affected by an adverse decision,
that is, countries with which we have
treaties covering this specific subject
are: Sweden Germany, Austria, Brazil,
Belgium. Danmark. Italy. Greece, Chilli.
Argentina, Hayti. Hawaii, Holland.
Russia and Turkey. Several Of these
countries have no merchant marine
sailing to American ports. The coun-
tries now enjoying exemption from dis
eliminating duties either wholly or in
part under proclamationsis issued in pur-
euance or section 422S of the Revised
Statutes, are Great Britain, France.
Spain, Portugal, Japan. Nicaragua
and Mexican.
OF course the largest class of vessels
which might be affected are the Eng
lish lines which come to the United
States not only from British ports, but
Oriental countries. India. South
America and in fact from every coun
try on the globe. II British vessels
should be thrown back upon their
treaty exemptions. which are contained
in the treaty Of Washington, the goods
of all British vessels sailing from the
ports except the territorial possessions
in Europe. would have to pay the addi-
tional 10 per cent. tax. More than that,
all goods shipped in vessels not the
products or manufacture of Great
Britain's European possessions, even
though shipped from English Scotch or
Irish ports. would be subject to the dis
eliminating duty as the treaty gives
exemption only to such goods.
An adverse decision would. therefore,
affect the Cunard. the Anchor, Arrow,
Trans Atlantic and other transatlantic
lines to that extent: the French Line, the
Phelps Lire, running to Mediterranean
ports, the two Portuguese freight lines
Except products of PORTUGAL. several of
the South American lines, including
what are known as the Green Line d
steamers. the Japanese, the. Canadian
Pacific and the Oriental and Occident
steamers on the Pacific, besides hundreds
of tramp steamers.
A curious question would arise in the
case of the French Line were an advG rse
decision rendered. Before Gen. Grant is
sued his proclamation excepting the car
goes of French vessels by our treaty with
France. they paid a discriminating duty
of So. rs per ton and cargOes imported into
France by vessels of the United States
paid a discriminating duty of 20 francs
per ton. If section 422S is repealed. then
the question would arise as to whether 8
10 per cent. discriminating duty should
be imposed or the 1915 per ton provided
for by the treaty.
Should the attorney general decide that
section 1928 is repealed. by the new law.
of course the steamers of the severdi
lines plying between the United States
and foreign ports which would be affected
might escape injury by change of ma
tionality and flag to that of Belgium or
Holland Or some other county whose
treaty gives them full exemption.
FIRE At PORTLAND.