The San Francisco call., 1898-02-03

l fruit crop in California, and, if this was established In tne negative, he had no doubt courteous but firm representation would be made to the German Government with view to showing that it's action had been taken without a sufficient inquiry into the facts. He expressed hope that this was not a step in Germany's retalia- tory policy which had been referred to in recent utterances by distinguished German officials.
 Others members of the House For eign Affairs Committee expressed the view that this was a part of Ger many's retaliatory attitude toward the United States. Representative Alden Smith of Michigan, member of the committee, said:
 "The attempted exclusion of Ameri- can fruit from the German markets at Emmertch is not the first act of hos tility displayed by Germany. Under the Cleveland administration, when our markets were open to German exports, they dealt very unfairly with this country, excluding our beef from the markets of Germany on the false pre- text that it was unwholesome, when they knew our inspection laws were rigid and that Great Britain's law was equally so; and yet we exported large quantities of beef to England without the slightest objection on the part or that Government. Their present course Is unfair and unjustifiable from any standpoint and should be rebuked."
 Representative Barlow, who repre- sents the Sixth California District, one of the great fruit districts of the State. said that so far as California fruit was concerned, the German decree prohibit ing the importation of American fruit was mere pretext.
 California fruits" he said, "are sin gularly free from vermin or disease of any kind. So jealous are our people in their desire to keep our fruits free from disease that the delegation from the State is now advocating the passage of a bill which was introduced in the House by MT. Castle some time ago, providing for an inspection of all fruits, plants, cuttings, shrubs, etc, imported into this country. I look upon the ground given for pr. MiguePs decree as mere subterfuge. No doubt exists in my mind that it is purely retalia- tory measure"
 '"The reason advanced by the German Foreign Office" said Representative Hil- born of California, 'is the thinnest kind of pretext. Nowhere In the world is fruit so free from disease as in Cali fornia and nowhere is there more care taken to keep it free from disease of all kinds. We do not even allow fruit to come into the State from other States without inspection
 Other members of the California dele gation expressed similar views.
 Chairman Dingley looked over the Berlin cable and said: This is evil dently a device to prohibit the impor- tation of American fruits on alleged T. . lar prohibition of American pork. The importation seems to be prohibited on sanitary grounds, in order to evade the provisions of commercial treaties with Germany which give to imports from the United States equal privileges with imports from other countries. There js not the slightest ground for the allega- tion that California fruits are affected as charged; indeed, the evidence is con- elusive that they are especially free from parasites The United States would have much more ground for pro- hibiting the importation of German wines on alleged sanitary grounds than Germany has to prohibit the importa- tion of American fruit or American pork on such grounds.
 We have no objection to Germany putting whatever duty it sees fit on imports of any kind. That Is her own business. But when that Government undertakes to prohibit the importation of American products on sanitary grounds which do not exist in fact, 1t violates the spirit of our commercial treaties with that country. The Presi- dent, under the act of 1890. has author ity to meet just such discrimination as this"
 Dingley called attention to the fol- lowing provision now in force and ap- plicable to the present case: Section D. That whenever the President shall be satisfied that unjust dscrimina- tions are made by or under the authority of any foreign state against the importa- ton to or sale in such foreign state of any product of the United States he may direct that such products of such foreign states discriminating against any prod uct of the United States as he may deem proper shall be excluded from importa- ton to the United States. In such case he shall make proclamation of his direc- ton in the premises and therein name the time when such direction against impor- tation shall take effect, and after such date the importation Of of the ', articles lawful. The President may at any time revoke, modify. terminate or renew any such direction as in his opinion the public interests may require
 Senator Mills of Texas expressed the opinion that Germany's action was the logical sequence of our high tariff sys- tenn.
 T should not like to see American in terests suffer- he said, but we cannot expect anything else under the circum- stances"
 Senator Bacon of Georgia also thought the prohibition one of tEe re- suits of our tariff system.
 They have the power" he said, and I see nothing we can do to prevent their exercising It."
 Senator Elkins said: we may just as we'll have it out with Germany now as at any other time. There is no de- nying that we are fin commercial war, and we should fight 1t out on the lines they have laid down. I should go back at them on their own terms. I should prohibit the importation of their sugar."
 Senator Hawley pronounced the news very surprising and disagreeable, but he was opposed to harsh measures on the part of this country.
 We could retliate by prohibiting the importation of German cutlery" he said.
 Senator Hansbrough also opposed re- taliation, saying Germany would think better of her course hereafter. Sena- tor Gear expressed the opinion that Germany's action was due to fear of the San Jose scale, which Is, he said, oop,tno to he considered very danger