The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-11-05
THE NEW AMERICAN TARIFF.

A novel yet important question has
been raised as to the exact time when
the new American tariff went into
force. Its importance may be inferr-
ed from the fact that, owing to the
rush of importations from every quar-
ter of the globe, to escape the increas-
ed rates of duties very large amounts
of money depend on the decision. The
tariff law was signed by the President
in Washington at minutes past 4
o'clock p. m. of the oath of July. An
entry of several thousand bales of
wool was made in the forenoon of
that day at the Boston custom house,
and the importer was compelled to pay
eleven cents a pound duty on the
wool, which before the law passed
was duty free. The entry was made
six hours before the law was signed,
and it would seem that the goods
ought to be allowed free entry. This
is only one of many similar cases.
Again the local time at Boston va
ries several hours from that of San
Francisco, and the question arises
what rule shall be established, so as
to place all on the same basis. The
law itself might have settled the one
point by specifying that it should
take effect from II o'clock of the day
of signing, or any other hour. And
also whether it should be according
to local time or Washington time
Considering the fact that there would
be a great strife to enter goods which
were formerly free, but which are
now heavily taxed, it certainly was
an oversight to have left the question
open to doubt, when it could so east
ly have been determined, and taken
out of the realm of controversy.
Commenting on this question an
exchange says "If the act took eff
feet from the moment when it was
signed, Chicago. San Francisco and all
western ports of entry would be entl-
tied to have until 1906 p. m. of their
local time to import under the old
law, which would be in violation of
the constitutional requirement that
all duties shall be uniform. While
the new act would be in force east of
Washington. the old act would be in
force west of Washington. But there
is no reason why standard time,
which is not established by Federal
law, should determine the moment
when the act took effect; the mean
solar time would be claimed. There
would be two different tariff acts in
force on the same day all over the
country; and in all cases customs Of
ficers would be called on to discrimi-
nate between entries made before and
after the moment of signing, whether
by solar or standard time. If frac-
tions of day were to be recognized
at each of the one hundred and thirty
customs districts with regard to the
moment when the act went into effect,
interminable and possibly insoluble
difficulties would arise. Moreover,
the law does not require any record
of the hour or moment when a bill is
signed, but only of the day. This is
an interesting presentation of the
reasoning by which the Treasury in
depreciation of the law is justified.
The final adjudication of the question
will be awaited with interest"
After the annexation of Hawaii
shall have been accomplished, this
question of settling by law the exact
hour when new tariff laww
shall take effect will be still
more important. An example will
serve to illustrate: A large
gress of the duty on sugar, rice, cot
fee, tea, spices, cigars, hemp, or any
other of the staple products of the
East Indies. Heavy cargoes of these
goods may be ordered by cable or 9th,
erwise, which could not be delivered
at New York or San Francisco in
time to secure the benefit of the
change made by law; but vessels OF,
utTeu W IlOholulu, anu eHteTeu dU lllt
American custom house here, might
reap the benefit of free entry, there
being five or six days difference il
steaming time between Honolulu anC
San Francisco. So far as duties are
concerned an entry of foreign goods
then made in Honolulu would carry
the same results as if made in New
York, 5000 miles distant, and on,
hour might decide a profit or loss OF