New-York tribune., 1901-12-05
ALL CLAIMS DE -H1D
cc1Ir,,ro Eop REFITNDING DUTIES UN-
DER SUPREME COURT DECISIONS.
Inv TELEGRAPH TO THE TRIBUNE.l

IsY TELEGRAPH THE TRIBUNE.l
Washington. Dec. 4.-Schernes TOT reiuho'hs
the tariff imposts collected on fhiippine anu
Porto Rfcan goods imported into the chi1eo
States prior to the decisions OF the eupreiHe
Court pronouncing such duties illegal ana re-
turnable have not only given rise to interesting
contentious and conflicting opinions among high
authorities but as yet Treasury officials nave
been unable to settle upon any definite plan OF
refund that is satisfactory to all importers
whose claims of illegal charges are not denied.
In August last at the instance OF the secretary
of the Treasury, Attorney General hno& WAS
asked 10 advise the Treasury Department feia
tive to the propriety of refunding duties ie'ieu
on Porto Rcan importations In cases "here ho
protest was made. Responding. the Attoihes
General set forth In opinion that al duties
Illegally collected should be returned u ''e
tr,oortar whether or not a protest was made
at the time the goods were ehteieo ih'o 'i''
country This opinion received by Secre-
+or,. caro- last Saturday Robert ]. Traceweli,
the Controller of the Treasury de'i'eleu "i
or;,io, that in accordance with the act of June,
IN 1900 only those duties collected by the gov
arnn,ant under protest could be returned. MI
TraCeyyeil ruled not that the duties pau w.
ont nrotest should not be refunded, out tdI 'eie
was no available appropriation from "hSn , s"e
department authorized TO settle 'he cari,' 1
The Treasury Department accepted the Son
opinion. il being a nnai!ty 50 iai a"
tho avDendture of Treasury funds is conceTheo.
And in compliance with his ruling clIcuia,
was sent Yesterday to collectors at all ohisea
States ports requesting a list of the ceI'iiteu
claims to be sent to the department oi al III,
porters who had paid duties under protest. lhis
afternoon il was decided to conhffn that COM
rnunication and at the same time require
certified list of all duties claimed by importers
who did rot have the foresight to protest against
the imposition of duties before a test case was
made ..or,-
Secretary Gage has determined to make every
effort to prevent working unnecessary nara
shin on any importer who paid the tarill assess
ment in good faith. Anticipating the receipt ol
the list of claims for refund OF duties "nici
were not appealed, Secretary Gage mas asheu
for an opinion from the Controller as TO the au-
thoriZation of rebating the non-protesteo Claims
under any existing statute. IT, in the opinion on
this direct point il is advised that the secretary
of the Treasury has right to make the re-
funds Secretary Gage Will recommend TO Con
gress that specific appropriation be mace au-
thorizing the settlement of claims for reoates as
Der the certified lists 10 be received from ths
limited States customs officers.
Since Yesterday, when the official estimate OF
duties collected on Philippine imports was pup
lished the process for refunding has been topic
of lively interest, and. believing that ultimately
all Philippine and Porto Rican tarin rebates VIII
be paid by legislative authority. or otherwise:
the authorities expect a prodigious amount OF
additional technical work for the customs diVl-
sion.