The Hawaiian gazette., 1899-06-09
ON DUTY CASES
A Ssli0Qs Proposal TO Test Sche.
dlle Legality.
PORTO RICO AND HAWAII
When California Was . Tsrritory-Preee-
dent Cited-Where Martial
Law Prevails.
PORTO RICO AND HAWAII

Dry Goods Economist.)
A movement is on foot to test the
validity of the tentative tariff sched-
ules prepared by the War Department
last November covering all importa-
tions into Porto Rico, including those
shipped from the United States, and
also the proclamation of the Treasury
and State Departments continuing in
force the preferential tariff schedules
of Hawaii upon American products.
The cases will attract much atten-
ton, not only on account of the COM
mercial importance of the interests in
volved, but because 1t is generally un-
derstood that the suits will be friend
ly," as the Administration is as anx-
iOus as the importers to secure a jul
sy. The outcome will be awaited by
American exporters with much inter-
est.
BASED UPON SPANISH TARIFFS.
II will be remembered that when
the United States took military pos
session of Cuba, Porto Rico and the
Philippines the War Department. as
sisted by the Treasury Department,
promulgated tariff schedules for ali
these islands. These schedules were
based upon the old Spanish tariffs, and
in the case of Cuba and Porto Rico
they have since been modified by ma
,terial reductions made at the sugges-
ton of Special Commissioner Robert
p. Porter, who visited the islands for
the purpose of investigating CONNER
cial and Industrial conditions.
The power of this Government to
provide the tariff referred to has not
heretofore been questioned, but it is
now alleged that the PRONUNCIATION Of
the treaty of peace between the United
States and Spain and the payment by
this Government of the $4,000, 900,
which was condition precedent to
the concessions made by Spain, have
operated to conclude the cession of
Porto Rico to the United States, and
that as the island is now a part of the
territory of the United States, the
products either of the island or the
Mainland transported from one to the
other are not liable to customs duties,
the Constitution prohibiting the col
lection of such taxes between the in
tegral sections OF the Federal terri
tory. sNk
HOW IT WILL BE TESTED.
For the purpose of testing this Ques-
ton plan mas been formed for ship
ping certain dutiable merchandise to
the port of san Juan, Porto Rico, and
after a formal refusal to pay duty
thereon, to tender such payment under
protest, after which suit will be
brought to recover the duties. The
defense OF the Government will be that
Porto Rico is still under martial Law,
and that until the civil laws are for
mally extended the Dingley tarin act
will not become effective in the island.
In turn, this point will be met by the
exporters with the contention that the
signing of treaty of peace was the
signal for the extension of the COM
mercial laws of the United States to
hnt
formally declared the civil authority
Of this Government must be supreme
in the territory acquired by cession
under the treaty.
AS TO HAWAII.
With regard to Hawaii similar
test Is to be made, but under condi-
tiOns even more difficult To defend.
The Hawaiian Islands having been
formally annexed without military in
tervention, the present Government of
the Islands is, therefore, civil, and,
though conducted temporarily by Ha-
waiians, is proceeding under the
American flag.
At the last session of Congress two
bills on this subject We're introduced
and met with various yicissltudes, be
ing finally smothered in the pressure
of legislation at the end OF the session
One of these measures extended all
the navigation and marine laws OF
the United States to the Hawaiian ISL
ands, while the other formally provid'
ed for the installation OF the Dingley
act At all Hawaiian ports, making the
coast line Of the Islands part OF th'
frontier Of the United States.
The failure Of these measures 10 be-
come laws has been taken by th'
Treasury Department as evidence tina
Congress did not desire the Dnglo,
act 10 be- extended 10 the Hawaiian
Islands. and therefore the orlgina
Hawaiian tarin Is sim In operation
Taking advantage Of this fac, Import