The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-07-06
RETURN OF CUSTOMS DUTIES.
Questions Growing Out of the Dc
Linn Case Decision.

Linn Case Decision.
The Secretary Of the Treasury recently
asked Robert J. TraceweH, Comptroller
Of the Treasury, for an opinion on ques-
tons Of law involved in the return OF
customs duties paid by shippers on goods
brought into the United States from Por-
to Rico between the date of the TaJifiCa-
ton Of the Treaty Of Paris and the date
Of the passage Of the Foraker act MI
TraceweI has already decided that the
Treasury has no funds available at pres
ent from which to return duties levied IN
Porto Rico. but the opinion requested by
Mr.. Gage is on questions Of law involved
in the return Of the customs duties col
Iected in this country, and is distinct
from the decision Of Nr TraceweH last
week.
The United States Supreme Court decid-
ed in the case Of Elias s A de Lima
which was one Of the so-called insular
hat these duties were illegally. lev
led Secretary Gage Is confronted with
the duty Of returning their money to the
shippers lie wants only TO keep within
the law in the matter. and. while protect
ing the Government rights, to make the
oDeratfon as easy and expeditions as pos
sibIe for the merchants
There are two questions OF importance
In the first place the Secretary Is IN
certain whether there Is any appropriation
available for this purpose. and IN the sec
ond place he wants to know WhelheF
claimants are to be driven into the courts
and compelled TO put their claims INTO the
form Of judgments. or whether the re
f,rrdz. can be made on the showing OF the
records OF the customs officers II titI (
* no fund available. the claimants " III
have to wait for Congressional acuHh AsAt
winter II this difficulty IS overcome al"
the records Of the department are 70 Ds
taker. . 5. proof of payment. the neI ei'<' ~ -
viii not have to wait Ions iof 'ii7''
money To- ars
-,,1zzlfrc IS evidenced by the fact that tlie
49, General. who was first asked to
go the Secretary with an OPINION
T.-,,,e5 off on the plea taat It dld not
r,ronerlv come unGe. his juTisaIctioh-
,rba claims amount to something over
- 1fo ooo one claim, that on which the
oTfnion is asked. is for $555, 10. ana IS
-,-es.,,te5 by La Sales s. Co Another Is
for. So. 2fS.52.
On Tune p the Comptroller of the Treas
,,,-v- rendered an opinion on the claims Lot
md on goods sent from the United
SITS into Porto Rico. The Supreme
curt in the Dooley case, decided that
tI,.es were illegal Mr. TraceweH ruled
80 +bara was no money TO pay these
claims. and that the shippers wouId nay (
n ask Congress for SPECIAL appEop ID
t=oD He based his decision in part on the
Ground that there were neither customs
T,o-+e. nor collectors in Porto Rico at the
! time the duties were levied; the taxes
vya-e imposed by the military authorities
/ in control. and the money had been spent
/ in r,,bfic works and other necessities Oh
| the island
! tn case yFtcl3 now comes up IS the re-
verse Of the DooIey case The duties were
| :~,,,,ead at American ports by the resu-
- rogIec+ors. The money went into the
treasury. There gre complete Official rec
! 80 If every payment. To return the
/ money is a simple proposition compared
! Nth the other class of cases The same
! ~aaeors which make it impossible to re
! I'D tn the shippers who sent goods into
/ Porto Rico and paid tariff to the military
| authorities 90 not apply to these claims
/ The question turns upon the application
/ of the raflInding clauses Of the DlnSley
law and the Rtfunding act Of March >
1879 If if is believed that these are broad
| enough to cover the situation, the opinion
| of the COMPTROLLER will be contrary to -he
one delivered in the Dooley case 1t IS eX-
Dected that the opinion VIII be ready or
Monday
Many claimants have begun TO apply at
the eleventh hour. Duties Wa not be re
turned unless they were paiC under pro
| test. The protest must have been made al
| the time of the payment and IN accord
| gucr with the method prescribed by stat
r4te The protests which are now coming
| in VIII avail nothing
| Short-Tern Bonds Bought.
The Secretary of the Treasury thi:
| morning purchased SLIGO 4-per cent shoT