Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-02-18
Cuban Reciprocity
AND
The Favored Nation

NdtlOn Clause-NO Bar TO CUBAN Rec
iprocity,' Willett & Gray's circular TO
January 80 publishes the following:
In an opinion rendered by Professo
John Bassett Moore of Columbia Uni
versity 1t is clearly shown that tn,
most favored nation clause" in trea
ties with other nations, does not stant
In the way of tariff concessions to Gu
ba. Professor Moore was formerly as
sistant Secretary Of State, was Coun
sellor to our Commissioners who ne
gOtiated the treaty of peace will
Spain In 1898 and is conceded to be
a leading authority on international
law. The main parts Of Prof. Moore's
opinion follow:
The general design of the most ia
vOred nation clauses, as they are ex
pressed In various treaties, is to es
tablish the principle of equality OF
treatment.
"The design of the parties being to
secure equality of treatment, by inhib
iting the exercise of Partially for the
interests of one nation over those Of
another, the test of whether this prin.
ciple Is violated by the concession Of
| advantages to particular nation, Is
not the form in which such concession
Is made, but the condition on which 1t
is granted. The question is whether
1t is given for a price, and whether
this price is in the nature of a sub.
stantial equivalent, and not of a mere
evasion.
ms principle Is clearly stated IN
an opinion gwen by Mr.. Olney, as Az
.orney General november 10, 1883 as
W tne operation Oh the tarlli Ia" OF
august z" 1899, Whlch put salt on the
liee lls'' win the proViso that uutles'
AT the rate eXlsting prior 10 the pas,
sage OF the ACT should be colected
on sat imported from any country
Mnether independent OF dependency
which imposes uuty upon SAT- eN'
porteu from the united states. Inc
me German Government having
claim that German SAT- was, by VIZ
tue OF the most favored natlon clause,
ehtltled TO free admission into the
united states, although American SAT-
was subject 10 duty In Germany, Mr..
olney, eter stating that that clause
had, from the foundation OF our Gov
eminent been invariably construed by
the United states as permitting com
mercial concessions to country
"hlch are not gratultous, but are In
return Tor equivalent concessions, and
10 which no other country is entitled
except upon rendering the same
equivalent, said:
The form which the provisions of
our recent tarin Act relating to salt
may nave assumed Is quite inmate
rial. II enacts, In substance and eff
feet that any country admitting
American salt free shall have its own
salt admitted free here, while any
country putting duty upon American
SAT- snail nave its salt dutlable here
uhder the pre-existing statute.
Germany OF course, is entitled to that
concession upon returning the same
equivalent CTwenty-one opinions OF
the Attorney General 80 81, S3)
In some cases, the conditions are
aitoge'her so special ana exceptional
that no third country Is IN position
10 IuiHil theih' ana IN such cases no
ques.oh uhuer the most favored ma
uoh clause can In any event properly
arise'
reauy Illustration OF TINS may De
lounu III 'he treaties by whlch special
,eIa''oiS Vi RECIPROCITY WIN Cailada
naNo az times Deeh createu-the urea
.ics Win Great britain OF June oth'
ioo4' anu May sun 1911. In bo'h
cases concessions as 10 'he nsherles
were coIipiheu WIN commercial con
''SS'ons n'o'e VI iess eNtehslNe' blehu'
gu WIN 'neSe was Tue eIenent Oh pro
pInqul'y' Which Is universally ADMIT,
tcu 10 cons'tu'e Naliu Brouhu OF
concession. NO thlrd country was
suppose" 10 ne ehutled uhder the
liost 'aNoIeu hatioi clause 10 auNal'
tasca 'n"S s"iheu ny the CONTRACTING
parties ny hutuai purchase' nor couId
any 'niru 'ouhtr! nave oHeTeu an
equ l lor theni' a.,
opec'ai CONDITIONS OF ponllCal ma
lure 10 great extent FORMED the IA
s,s VI tne reciproclty treaty between
Ine Sn''eu suites ana the ha"aiiah
,s'an"s' Cohc'uueu january "u'h, 100
IL wen Nho"h that the gu
prelne NourI Oh Tue ohitea o'a,es' III
sur o'ousn' 70 recover oach uuties'
ueclueu that the commercial advah'
ass sven Wy t"ls t,ea.S 70 ha"ailan
po'u''s w cue ohl.eu States couiu
hot pe c'aiiIieu uhuer 'he most FAVOR
ou hat'oh causes III the treaty between
'ne 'n''1u o'a,es anu pehiha'N' 'he
eo"l' ho,u'hs .ia' .hose cIduses' al
thoush tney ooiseu the contracting
pal'''s ~ aEoIu hos'''e OF uiscriiniha'
tive ltslsldtloH, were not lnlenueu 10