Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-07-28
DUTY ON HAWAIIAN GOODS
BETWEEN ANNEXATION AND TERRI
TORIAL GOVERNMENT.
board of Appraisers Decides Adverse
ly the Claim That Products Should
He Admitted Free.

| A decision was handed down yesterday IN
| New York by the board of classification Of
| the United States general appraisers in a
test case involving the right of the United
| States government to levy regular duties
under the Dingley tariff on goods coming
| from Hawaii. The New York Herald re-
ports the case follows:
| w. H. Crossman & Bro, the importers.
| claimed that, under the Constitution, no
| duties could be levied as Hawaii had be-
come a part of the territory of the United
States. The board overrules the protest.
The decision covers the period between
the annexation Of the islands by joint reso-
| lutions and their creation into regular
territory by recent act of Congress. The
status Of the Islands since they became
territory is not passed on. General Somer-
vile writes the opinion of the board.
The contention of the importers, says
Mr.. Somervile, is that, at the time of the
shipment and entry Of the goods. the Ha-
waiian Islands constituted a part of the
territory of the United States. and that. for
| this reason. they We're not subject to duty
under the Dingley act, but were entitled to
free entry. The right OF Congress to levy
these duties is denied, as being in conflict
with provisions of the Constitution. which
provide that all duties, imposts and excuses
shall be uniform throughout the United
| States. and that no tax or duty shall be laid
| articles exported from any state.
is commended on the part of the govern
ment that the federal Constitution does not
extend, ex proprio vigore. with all It's linn
| itations. to newly acquired territory not yet
admitted as state: that the power Of Con-
gress over the territories Is general and
penary to make such rules and regulations
for their government as. in their discretion,
that body may see fit to do.
"A further contention of the government
IS that until Congress. by special legiSla-
ton, extends the tariff and other revenue
laws over newly acquired territory and
establishes therein collection districts. with
ports of entry and clearance for vessels.
such territory remains a foreign country
for tariff purposes, and its ports not
domestic ports within the meaning of the
laws of Congress.
THE importers, on the other hand con-
tend that Congress Is the creature OF the
federal Constitutions: that 1t necessarily de-
rives all Its just powers from the provis-
ions of that instrument. and that while In
! egislating for the territories, it may prop
| erly exercise the combined powers of the
| general and of a state government, never
I theless the federal government is one of
| the delegated powers, and all of its legiS
| !ative authority must be exercised in Subor-
| dinaton to the principles and subject to
| the limitations of the Constitution.
''On these issues the decisions OF the
courts and the opinions of jursts are ap-
| parently in a state of conflict. if not of in
| extricable confusion. The question of the
I cons titutional powers of Congress over
newly acquired territory is conceded to be
one of great moment. Political parties have
divided on this issue. and question purely
constitutional thus becomes political in its
nature and consequences. 1t must finally
| be settled by authoritative decision at
| the hands Of the highest judicial authority
| in the land, the Supreme Court Of the
| United States. the final arbiter of all such
| disputed judicial questions In view of this
well-settled principle. and of the conflict of
| authorities. the board thinks it proper to
| override the protest and affirm the collect
or's decision, which is accordingly or
dered.''