The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-20

ON COAL
StackabIe Gets q
Ruling From
Dunno.

In an opinion given by United states
Attorney j. j. Dunno yesterday to Col
lector Stackable it was held that no
drawback could be allowed on coal used
for fuel on board steam vessels engag-
ed in trade between this port and the
Atlantic coast. The opinion is the out
growth of troubles of the Helen Brew
er with which the collector of customs
has been deeply concerned lately, and
clears up several other matters which
had been perplexing sea captains re-
Gently.
AS to the Helen Brewer Mr.. Dunno
| holds that she did not sail upon a for
eign voyage and that the collector of
| New York so held. In this connection
| he says:
THE Acts of Congress divide all navi-
cation into three classes: foreign trade
coast!ng trade and fisheries. So far as
! foreign trade is concerned, our vessels
| compete on equal terms with the vessels
| of all nations; but the privileges of the
| coasting trade are, pursuant to our pub
! lie policy, expressly reserved to our own
vessels; and this reserved trade is known
as the coasting trade. Coasting trade,
then, might be defined as that trade from
| which foreign vessels are debarred by
section 1871, u X. TO Wit, trade
from port of the United States to
another port of the United States
Trade between an American port and a
foreign port, or between two foreign
ports, trade which is open to the world,
is foreign trade; and that trade between
any two points of the United States,
wherever those points may be, trade
which is reserved exclusively for our
sells, and in which foreign vessels
cannot compete or engage is coasIIng or
coast-wise trade. Coasting trade is trade
carried on between two points within the
same collection district of the United
States, or between two points within diff
ferent districts of the United States; and
not only in U. S. R. S. Section 4347 but
also IN all our treaties, we find coaSting
trade distinguished as that domestic
trade from which foreign vessels are ex-
cluded-we find the exclusion of foreign
vessels from the carrying trade from one
port of the United States to another port
of the United States" fully recognized. 1t
is thus plain that the common argument
that a voyage to Hawaii is not a coast
ing or coast-wise voyage because not
along the coast of the United States is
futile, since coasting trade is not limited
to vessels proceeding along the coast of
the United States"
In conclusion the United States Attor-
ney says in his opinion:
1 may add that TIE exceptional privi-
lege of drawback is not permitted to
merchandise shipped 20 places within the
jurisdiction of the United States, except I
in the specifically limited exception men !
toned in the paragraph under discussion q
And to illustrate the class of trade in 7
which the vessel is employed, and unless
of all of these conditions T
may be clearly predicated of the apph- /
cant for drawback, the drawback must
be denied; and should any doubt obscure G
the clarity of the application. then, too,
must the drawback be denied. Draw Z
back, in other words, is the mere Great q
ure of the statute. and cannot be permit /,
ted save in the cases and subject to the s
limitations prescribed by Congress. 7
When, for instance, it is said that other [
conditions being satisfied, registered Z
steam vessels are entitled to drawback, I
this is not because such vessels are reg n
stered steam vessels at all, but because
Congress has seen fit to say and ordain b
that such vessels may enjoy the priVi- b
ege; and for precisely the same reason +
are other classes Of vessels debarred. In A
orief Congress could have granted draw a
pack to any selected class of vessels,
and denied ii to any other class; there Is
10 matter of right in drawback; 1t is
oure matter of grace; and, therefore,
10 ground for complaint may be
BASED upon the grant of a privilege
o one class of vessels accompanied by al
he denial of the like privilege to an w
,ther class of vessels. Compare Gust
Reg, 1899, Art. S0S.)
1 have the honor to call your at
ention to the following decisions:
l. No drawback is permitted on mer-
handise shipped to Porto Rico. .
In passing it will be noticed that the -
nsular cases were not decided until May n
Z 1901. I'll
2. No drawback is permitted on mer- NJ
handise shipped to the Philippine ISL !"
nds. w
3. No drawback is permitted on mer-
handise shipped to Guam.
4. No drawback is permitted on mer-
handise shipped to Tutuila n
N~'~l