New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-08-15
THE DISCRIMINATING DUTY
A HEARING GIVEN BY ATTORNEY-GEN-
ERAL MKENNA.
ARGUMENTS BY EX-sECRETARY CARLISLE EX-
ASSISTANT SECRETARY HAMIAN AND
JOSEPH NIMMO.

ARGUMENTS BY EX-SECRETARY CAhLisLE. La
ASSISTANT SECRETARY HAMIAN AND
JOSEPH NIMMo
Washington. Aug H-Attorney General Mchehna
to-day gave "A hearing to persons Interested IN the
question involved in Section q of the new Iarir
act Some days ago the Secretary OF the treasury
received Information from the Collector OF customs
at Chicago that a large invoice OF teas and other
goods from Japan had been received al tha' po''
over a Canadian railroad, and asking whe'her the
10 per cent discriminating duty provided Tor III sec
lion % applied to these goods. The question WAS al
once referred the AttCrney-General Tor an opih-
ion. At the request OF the Boston ana Maine Kan
road Company however the,Attorney General de-
cded 10 give hearing to-day TO persons in'ereS'e
Elk Secretary Carlisle appeared for the Boston ana
Maine Railroad and ex-Assistant Secretary hamiih
represented the Associated Board OF Trade ana the
Merchants Association OF Boston MI Hd"'ii" was
the first speaker.
The question: he said. was whether goods shippe"
from China or Japan to points In the United States
through Canada were importations from Cahaua
within the meaning Of thu statute In the case ior
instance of the sale of goods in China to nner-
chant in Boston, there was no intermediary. Inc
transit of goods though they might come In through
Canada was never interrupted. The goons' ne III
sisted could not fairly be said to be explorations
from Canada Mr.. Hamlin cited many rulings potn
Of the Treasury Department and the Department Vi
Justice In support Of his contention In the case OF
goods going through United States territory In Dond
from point in Canada another point IN Cahana'
the solicitor Of the Treasury, In an EXHAUSTIVE ru'
ing had decided that such entry OF gooas uiu ho.
constitute an Importation within the meaning Vi
the statute He cOntended. therefore, that, con-
versey. goods coming into the United states
through Canada In transit from another country
were not expectations from Canada .
The decision OF this question. Mr.. Hamiin SAID
hinged on the construction TO be placed Oh the''
words of the statute, come into the Unted states
from contiguous countries" he suDH'.eu nc,
the words did not apply to goods In transit me
Century Dictionary" defined from as expressing
departure from point These goods took she!r
departure from China or Japan not from SaH
AS well he said, might II be contehdeo ''ia' '
travelling from New-York to Washington through
pa,,,rore "depar,ed" from Baltimore. The goods
did not appear in the Canadian reports as exports
from Canada nor in United States reports as I'M
ports from Canada He cited as an Analogous s'"'
ute the law requiring the deportation Oh Cfhanneh
ITO the country from whence they came. In co"-
strung that statute the Attorney General hao oe-
clded that the words from whence he came
meant his usual ultimate country OF departure
China). unless the Chinaman had been naturaHzed
by the Dominion Government. 1t would be strange
indeed, said Mr.. Hamlin, If the country through
which he came should be considered the country
from whence he came. And so with goods In bond
IL was their place OF shipment. not point en-
route which must be considered. He spoke OF the
contract labor law offering another analogy La
borers unlawfully coming to the United States must
be deported by the carriers to the place from
whence they came
Mr.. Ham!ln also devoted some attention to the
old Cape OF Good Hope statute to show that the
object OF those discriminating duties was TO compel
direct trade with the United States and eliminate
the profits Of the mddeman. lie argued that me
statute shown by history related only 70 vessels.
and he ventured the assertion that Il had been
oWneIs " To To this D however he Attorney
demurred. saying he understood that Senator Elkins
was It's author And II vessels only were meant,
why ne asked contiguous territory mentioned!
Mr.. Carlisle at this point interrupted g urge tnat
or or those of contiguous territory. qualified the whole
section In conclusion. Mr. Hamin spoke OF the
it Would require an hour he said for him to begin
tell Of the interests which would be affected by
ultimately be reversed by the courts the ruling T.
f "GSa aS n @oh and s
| were Just beginning TO wake up 70 recognoh 70, Oh
asked that those opposed to this suggested taxation
be given the benefit OF any doubt. l.. ....o..o,
with the Bureau Of Statistics asked to be heard and
went into long review Of the subject. 1t had been
ses snd Ca Canada Since s Canada had he said
deported herself not only as government; out as as
! politics she had added the tricks OF business she
coo to o0' Divert American Commerce from American
| ships and American railroads He confessed ina,
got into the statute. but he though, it cum
nngly devised to stop the present EVIL ~. ooso
only last night, closed the hearing with some brief
remarks. II Section % did not apply only to the
vessels. he said, he agreed with Mr.. Hamln that
| the words came into" meant imported. But he
| contended that the whole statute related only 10
| goods Imported In vessels OF the United States"
| The old statute did not meet all the requirements
! While 1t imposed the discriminating duties on car
goes in vessels not of the United States except
! where treaty stipulations exempted them) coming
directly the United States ports IL did not touch
goods brought in such vessels 10 CONTIGUOUS terri
| tory and then shipped to the United States. He
vent Just such roundabout mportations which now
escaped the discriminating tax. lie quoted from
| Senator Allison's Xplanation that the amendment
| made no change in existing statute except as to
such goods coming into the United states from
! contiguous territory which now escaped the dis
| eliminating duty.
! Mr. McKenna asked II the last clause OF the
statute exempting such goods imported In the usual
| course OF the retail trade did not initiate against
Mr. Carlisles construction TO which the latter re-
piled that the words such goods" must refer 10
goods imported In vessels not of the United States
pointed that there must have been In the
! minds OF the legislators who framed the clause
meaning for the substitution of the words came
! into" for imported" when applied to contiguous
| territory Mr. Carlisle asked II goods in bond from
! China could be considered goods imported from
| importations Then. Mr. Carlisle said. that fact
/ furnished an adequate explanation. II such goods
were not lmportations then the words came into
would have to be used
! The Attorney General gave Mr. Carlisle and Mr..
| Hamlin until Wednesday next to file their briefs.
BARON TON THIELMlNNS APPOINTMENT.
WASHINGTON Aug 1.-THE State Department has
f,fov hot DO btaI-