New-York tribune., 1898-01-28
DECISION on DISSEMINATING DUTIES
TIE CUSTOMS BOARD OF CLASSIFICATION GIVES
Az OPINION on SECTION p OF
THE DINGLEY LAW

TIE CUSTOMS BOARD OF CLASSIFICATION GIVES
AN OPINION on SECTION % OF
THE DINGLEY LAW.
The Customs Board OF Classification has decided
certain protests involving the construction OF the
much discussed Section 90 OF the Dngley tarin re-
latng to discriminating duties. The Board hoids
tina, the duties should not be levied. Arter the
passage OF the present tariff bill the attention OF
almost the whole country especially OF New-fork
and New-England. was drawn TO this section as IL
was feared that it involved . radical departure
from the legislation OF the last seventy years IN re-
gard discriminating duties on goods arriving IN
vessels Of foreign nations.
The language OF the section runs as folo~s;
That a discriminating duty OF 10 per cent ad
valorem. in addition TO the duties imposed oy law
shall be levied collected and paid on all goods
wares or mere ndise which shall De Imported IN
vessels not OF the United States (or which, De!ns
the production or manufacture OF any foreign coun-
try contguou9 TO the United states. snail come
into the United States from such contiguous coun-
try). but this discriminating duty snail not Apply
70 goods. merchandise which saali pe I'M
ported in vessels not OF the United States. entitled
al the time OF such importation By treaty or con-
venton he entered in the ports OF the Oniten
States on payment OF the duties as shall then
be- payable on goods. wares and merchandise I'M
ported in vessels OF the United States lnor to such
foreign products or manufactures as shall be I'M
course OF strictly return rade).'
The parcnthesizcd portions represent matter not
appearing in former acts These usually PROVIDED
simply .o- a Discriminating duty of 10 per cent on
goods imported In foreign vessels, but contained
p.oylso 20 the effect that such duty should not
apply 10 vessels exempted by treaty or act OF Con-
eress This proviso really nulliiies the section De-
cause every nation Of Importance was exempted In
one way another.
TIE recent apprehension regarding the intent OF
this section arose not only from the new matter
Inserted which was supposed to coTer goods i'm
ported through Canada out also because OF the
omission from the proviso OF the words or any act
OF Congress" The most important act Of Congress
on this subject is Section 422' OF the Revised Stat
utes authorizing the President TO suspend by proc
lanat:on the imposition of Discriminating duties on
the vessels OF any nation winch grants IKE pr!vi-
lescs ID our own ships InasInuch several ma
tons. notably Great Britain cnJoy exemption ohIy
by force OF this section and not by treaty many
me- Grants were alarmed est II snoni be ned NAT
Section i.-ZS was repeated oy secuoi - aiia ,me
exemption would no longer ne accorded, and com
M.erc- tc seriously disturbed thereby.
Early .n August Lass Attorney -tieaerai NJ henna
now Justice OF the Supreme Court, advised tle
duty should De levea On .ot o! dainohSSs sonsns
into he United states from canada. On september
70 wf & o IN dy af d mo-: 9's spp TO goods
re1chns ihis coIny Sy wa ot ar4 ne rher held
from 'chiiil' in British vessc at Phiade phia.
befor me Cassiiicsto Board OF United states
General Appraisers winch Is. in fact the customs
Court for the entire Nation. They were argued
with grca; care. by Charles $ Hamlin OF Bos:on
latc Assistant Secretary Of the Treasury appear
ing for the Importers. and w J. Gibson. counsel
for the Government before the Board and A s.
Tingle II Washington for the United states; The
Board consists OF Judge II. " Someryiile lis
chairman: Charles II. Ham OF Chicago ana George
c. Tirhenor of Iowa The opinion. which is long
and elaborate s favorable to the contention OF the
importers II is the work Of Judge SomerviIlei
After stating that the Board. being Judiclal
ho,lv Re
Tinted states Courts in customs cases is not free
to affirm pro iorma The Collectors decision. and
throw IN ne cour;s tie onus OF deciding the case
on its merits the opirion reviews the history ana
intent O. kindred legislation for the last century;
and SHOWS hv the statements OF the chairmen OF
the respective Congress committees having the
tariff biz IN charge that Congress INTENDED 10
make no substantial, cnanse from lis past policy re-
garding foreign shlppne The changes actually
made were designed the Board thinks. 10 prevent
cvasions of the law by vessels o, nations whlcn
nolt Al any time refuse to admit American vesseis
~ ther norts on the came terms their own.
l. is not yet known whether or no; the oecre-
tar, of the Treasury will appeal from the Boards
decision.