New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-09-20
THE DISCRIMINATING DUTY.
ATTORNEY Y-GENERAL MKENNA'S OPIN-
ION EXPECTED TOMORROW.
IT WILL. COVER ALL THE QUESTIONS WHICH
HAVE BEEN RAISED IN REGARD TO
THE MEANING OF SECTION %.

THE MEANING OF SECTION 90
[BY TELEGRAPH TO THE TRrBUNE.]
Washington, Sept. Is-At the Department OF Jus.
tice to-day 1t was said that the opinion OF the
Attorney General in regard to the scope and effect
OF Section p of the Dngley law would be
promulgated before Monday. 1t also learned
that the document was still undergoing final and
thorough revision, that when completed II would
cover all questions that have been raised respecting
the meaning scope and effect of the section. Some
OF these questions have doubtless been found more
complicated. perpexing and difficult TO solve than
Judge McKenna suspected when he took the sub
ject under advisement month ago. after hearing
oral arguments and receiving the written briefs OF
counsel
The utmost reticence in regard to the nature Of
The forthcoming opinion is observed by all the on
cals OF the Department Of Justice who know any,
thing about it. from the Attorney General down.
and therefore 1t would be presumptuous for any,
body outside to attempt to forecast 1t. And yet
there are some conclusions suggested by careful
study of the subject which may turn out TO be In
harmony with those reached by the Attorney.
General. Section - of the Tariff of 1897 pro-
ydes
That a discriminating duty OF 10 per centum ad
valorem in addition to- the duties imposed by law,
shall be levied, collected and paid on all goods.
wares or merchandise which shall be imported In
vessels not of the United States, which, being the
production or manufacture Of any foreign coun:
come into the United States from such contiguous
country. but this discriminatng duty shall not
be imported In vessels not OF the United States en-
bG entered in the Of the er,S rteS
states on payment of the same duties shall then
ported in vessels OF the United states, nor to such
foreign products or manufactures as shall be i'm
ported from such contiguous countries In the usual
course OF strictly retail trade.
This section. with two verbal exceptions has
formed a part of every general tariff law since
ls6i and is known as Section 2.5o2 Of the Revised
Statutes. The first exception relates to the bring
ing into the United States from contiguous coun.
tries OF goods, mercha ndise which were
produced in o;her foreign countries. Such articles
subject TO the discriminating duty OF 10 per cent
ad vaorem except when brought in In the usual
course OF strictly retail trade. This modification
OF the old law is entirely new legislation, and Il
would not be q violent assumption to say that tho
Attorney-Ge would hold that all the goods
wares and mercnaljse as indicated when brought
into the United States from contiguous countries,
whether transported through those countries under
consular seal or purchased from stocks held In
those countries. would be subject to the discrtmi-
mating duty imposed by Section q Of the act ap-
proved July "a. 1871
The other respect in which that section differs
from the act Of 1864 and subsequent acts consists
in the omission Of the words ANY act Of Con.
gress" after the words treaty or" and the inser.
ton in their stead Of the word Convention" This
Modification exceedingly important one.
and il doubtless raised some Of the questions which
the Attorney General is finding 1t SO dihicult to
solve The act Of May "a. lSaS known as Section
i22s Of the Revised Statutes. provided that:
Upon satisfactory proof being given TO the Pres.
dent by the Government OF any foreign Nation
that no discriminating duties Of tonnage or I'm.
nosts are Imposed levied in the ports OF such
Nation upon vessels wholly belonging to citizens
~ the United States upon the produce, manu-.
Tactmres or merchandise imported In the same from
the United States or from any foreign country the
tnai the foreign discriminating duties OF tonnage
and impost within the United States are suspended
and discontinued so far as respects the vessels OF
such foreign Nation. and the produce, manufact:
ures or merchan ndlse imported into the United
States from such foreign Nation or from any other
foreign country
IL the Attorney General should hold that this SEQ