Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1901-07-18

States Circuit Court of appeals in the case
of the United States VS.. the Hills Brothers
decided February s. 1901. unpub-
lished and, If appeal be taken from my
ruling to that body. it will he your duty
to facilitate ir every way a prompt and
final adjudication of such appeal.
Opportunity for review Of the question
was soon given by the arrival of cargo
of Russian sugar at Baltimore. Duties
were paid under protest, and an appeal
was taken to the board of general apprais-
ers. Acting on the suggestion of Secre-
tary Gage that the case receive early at
tention. the board, on April 10. last rend-
cred its decision. 1t held. first, that the
question whether country pays or be-
slows a bounty or grant upon the exporta-
lion of any article or merchandise accord
ing to section If the Dingley tariff, lies in
its initiative with the secretary of the
treasury. The board also held that II seems
that the decision of the secretary of the
treasury as to the amount OF any such
bounty or grant is conclusive and not re-
viewable by the board or the courts. The
board defined bounty" to he IAN advan-
tage or benefit conferred upon or Compen-
sation paid to person or class of persons,
the burden of which is borne, directly or
indirectly by the public treasury" It was
held that a grant" implies the comforting
by sovereign power or some valuable
character, upon corporation. person or
class of persons 1T involves the idea OF
a favor conferred by government, but does
not necessarily embrace the act of appro-
priating money out of tho public treas
ury." The decision held further that tn"
Russian government pays or bestowS u
bounty or grant upon the expectation of
so-called free sugar so as to work a
benefit or advantage to the exporter. Cen
eral Appraiser TChenor dissented, and
among other things, held that, the gu $
ton being in doubt, the doubt should he
resolved in favor of the importer Thus
the secretary OF the treasury was sustain
ed by the United States board of general
appraisers. The case is now before the
Circuit Court Of the United states for the
District of Maryland, on petition for re-
view, the importer having taken an apes al
from the decision of the board.
While the case has not had final judicial
determination, and the decision OF the Sec
rotary of the treasury as approved by the
board of general appraisers may yet be
overthrow by the courts, Russia has
nevertheless carried into effect its warn
ing that retaliatory measures would be
adopted in the event of an adverse decision
by the executive branch Of our govern
ment. The secretary of the treasury is an
administrative officer. 1t is his duty to
execute the law. otherwise the Constitu-
ton provides a punishment for him by i'm
parchment. 1t is somewhat different in
Russia, where legislative and executive
powers are combined
An order was issued by the Russian min
lister Of finance To take effect March go,
with intent to apply the increased tariff on
products manufactured in the United
States of North America. Among other
products affected are iron and steel wares.
manufactured and in tho rough tools, ma
chnery apparatus and models, gas and
water motors. sewing machines, loComo-
tiNes. steam velocipedes. etc.
Secretary Gage held that Russia paid a
bounty, only after long and exhaustive
study, and then most reluctantly. 1t would
no doubt have been pleasant for him TO
have held otherwise, owing 70 the cordial
and friendly feeling which has always ex-
listed between this country and Russia. but
thus the law is written. and as an admin
stratve officer he had on discret ton what e
ever. Mr.. Gage has hoped for a speedy
judicial determination which would end
the controversy and which would be suff-
GENTLY convincing should he be sustained,
to induce Russia to restore the forme r
status. 1t was therefore a nlatter of gree
surprise and keen regret that the Russian
Minister of Finance should have issued a
second retalatory order.
THIS was done to take effect June 90 1901,
and was communicated to this government
by Count Cassini as follows:
/ ne ltutTtl government IdNlllS ny u CIR
cular dated March ., 1901, applied article
500 of the American tariff to Russian Pc
troleum, the imperial government has just
Informed me that the Minister of Fnan, c
has taken the requisite steps for the appli-
cation Of the advanced rates Of duty to the
following American products entered into
Russia
/ l. White resin or colophon. gallpot
brewers pitch
@ Bicycles
! The increases amount to 80 per cent or
bicycles and to 20 per cent on resin.
The treasury departments order OF
March Q, to which exceptions were thus
taken, was not in a proper sense any order
at all. II was a letter to collectors Incl
dental to a decision of the board of general
appraisers rendered months before any
controversy with Russia However. IN,
secretary of the treasury has himself TOLD
of the petroleum decision, and his clear
and concise statement speaks for itself.
The value of our commerce with Russia
is about SlS,0o0,0c0 a year; that is our eA
ports IT, Russia may be placed at sh0u