New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-10
IST. GALL APPEAL VOID
BOARD OF CLASSIFICATION DECIDES
AGAINST MIR. WAKEMAN.
,ANNUILED BY THE FACT THAT COLLECTOR
RrpwE11. ASKED FOR THE APPEAL
.. ONLY ON ORDERS FROM THE
TREASURY DEPARTMENT


The Board of Classification OF the United states
r,ereral Appraisers yesterday announced oeCi-
-, uorardrg the famous ST. Gall cases which
nil no ~ very great Importance to the importers
Of that line OF goods These cases form the Dig
rest fight in the somewhat stormy omclaI career
Of Appraiser wakeman AS soon as Mr. Wakemah
took office he decided that there had been whoIe-
sale undervaluations of embroideres from 81 Gaii
Switzerland He advanced the values heavily, and
che ,mporters appealed. General Appraiser Shar-
retts first passed on the appeal but ne ala not III
general sustain the heavy advances maze APP
nraiser Wakeman wished TO have an appeal taken
70 the full Board OF Reapprasement. but Collector
RidweI with whom the power of taking an ap-
neal Law declined TO appeal. Finally. under pres
sure from the Treasury Department Collector bo-
well did take appeal and, In the main. the nun
Board sustained Appraiser Wakeman. These ad-
yances increased the revenue from this class OF
goods according to Mr.. Wakeman, about 100000
a year.
The importers kept up the fight. however, and
appealed to the Board OF Classification of the Gen
eral Appraisers. This Board passes upon questions
of law The test before the Board was
brought by Loeb & Schoenfed. Their counsel. W.
Wickham Smith, contended that the appeal from
The decision OF Mr.. Sharretts Illegal because
the Collector had been coerced into taking an ap-
neal This view the Board Of Classification. In its
decision yesterday. sustained. The Board IN an
opinion by Judge Somervllle says that the law
hectares that Appeals may DC tdhtH W tV A"''
Board by the Collector when In his Judgment they
ought to be taken AS the Collector in this case
frankly declared that he did not think the goods
had been undervalued, and that he took the APP
peal merely direction of the Secretary of the
Treasury, II not in accordance with the law
-The last appeal TO the full Board of Reappraise-
.ment is therefore declared improper and the de-
Cison of that Board is nullfed.
This means that about $4,000 Of duties will be
returned TO the importers interested. Appraiser
Wakeman when informed OF the decision said
that it would not affect the policy OF his office.
He would go on appraising the goods according
TO the standard already fixed. and thought the
case would affect only the particular appeal 1t
future He had doubt that the Treasury De
partment would take an appeal from this decision
The opinion was written by Judge someryie;
The two other members of the Board, C3lonel
somervile first takes up the power Of the Board
OF CLASSIFICATION to review the proceedings OF the
of three members of the Board of United States
General Appraisers AS members Of the . genera
ty and the contention was made that a
sd oaf ye%f the
passes upon questions of law only, however while
Of goods Ssf Snd judge ds somsrye holds that
the Board Of Classification. under the provisions
Of june TO- issG is invested with jurisdiction CO.
extensive with that conferred on the courts by
fied the regularity, and TO pass upon the validity
of an appraisement made by Board OF three
General Appraisers. organized and acting under
the authority conferred them by Section l3 OF
the act He also says that the Collector OF Gus
toms is invested by law with the exclusive power
to order appeal from appraisement OF mer-
chandise made by single general appraiser. sitting
as Board OF Review.
condition precedent to the requirement or
jurisdiction by the Board is statement by the
Collector in proper form that he deems the reap
praisement Of merchandise made by single gen
eral appraiser 10 be too low; and this requirement
IS not complied with when the Collector orders the
reapprasement contrary TO his own Judgment I'M
der instructions of the Treasury Department.
The protests Of the importers are therefore sus-
tained