Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-02-20
HOSTETTER'S
STOMACH BITTERS

STOMACH BITTERS
phrase Including the trade between
the Atlantic and Pacific ports of the
United States"-such a phrase, upon
your theory, would be mere idle and
vain repetition. Sections IL and IL
assume the existence of these two
trades, but include both within the OPP
Grafton of the same rule.
Dual Condition.
This does not mean that the spe-
clflc identity of either trade Is oblit-
Grated: 1t does not mean that the one
is merged into the other; or that the
word Including" makes foreign
trade" out of trade between the At
lantic and Pacific ports of the United
States" In other words, 1t does not
follow that because the statute in
cludes trade between the Atlantic
and Pacific ports of the United States"
within the operation of these sections,
therefore that trade loses its own in.
dividuality, and becomes a part of
foreign trade" blackburn, j., in
Pound VS.. Plumstead Board of Works,
l.. II. Z Q. b. 194). But when we
turn to paragraph 415, we note not
only the absence OF the word "includ.
ing" but also the presence Of the high
ly suggestive word or That Is to
say this paragraph, while subjecting
both classes of trade to the operation
of the same rule, yet distinguishes
between those trades inter sese. and
opposes the one to the other by EN-
ploying the language engaged in
trade with foreign countries, or In
trade between the Atlantic and Pa
cific ports of the United States" This
section -, by the way does not ap'
pear to authorize the payment OF
drawback of duties. T. d. $1,000, Dec,
s, 1900.
Paragraph AIS. then. establishes a
mere privilege which is not to be ex'
tended beyond the limits clearly jus.
titled by the strict language employ
ed. Its operation is restricted by the
class of use to which the coal is put
by the class of vessel using the coal
and by the class of trade in which
the vessel Is employed; and unless
satisfaction of all OF these conditions
may be clearly predicated of the appli
cant for drawback. the drawback must
be denied; and should any doubt OBJ,
scure the clarity of the application
then, too. must the drawback be de
MED. Drawback, in other words. is
the mere creature of the statute, and
cannot be permitted save in the cases
and subject to the limitations, pre-
scribed by Congress. When, for in
stance, 1t Is said that, other condi
tons being satisfied. registered steam
vessels are entitled to drawback, this
Is not because such vessels are reg
istered steam vessels at all, but be
cause Congress has seen fit to say and
ordain that such vessels may enjoy
the privilege: and for precisely the
same reason are other classes of yes
sells debarred. In brief, Congress
could have granted drawback to any
selected class of vessels, and denied
II to any other class; there Is no mat.
ter of right In drawback: II is a pure
matter of grace; and. therefore, no
ground for complaint may be based
upon the grant of privilege to one
class of vessels accompanied by the
denial of the like privilege to another
class of vessels Compare Gust. Reg.
1899, Art S0S).
A Limited Exception,
may add that the exceptional priv.
ilege of drawback Is not permitted to
merchandise shipped to places within
the jurisdiction of the United States,
except in the specifically limited ex,
ception mentioned in the paragraph
under discussion. And to illustrate
the understanding of the Department
as to the scope of that exception-to
illustrate the settled adjudication by
the Department that outlying lnsular
possessions of the United States are
not either Atlantic or Pacific ports
OF the United States, | have the honor
to call your attention to the following
decisions:
l. No drawback Is permitted on
merchandise shipped to Porto Rico.
T. II. 22l57. April II, 1900; T. d. 22.
lT2. April 49, 1900; T. d. 221S3, April
25, 1900.
In passing it will be noticed that
the Insular Cases were not decided
until May 81, 1901.
2. No drawback Is permitted on
merchandise shipped to the Philip,
pine Islands. T. d. 22157, April II
1900; T. ID. l221S3. April 25, 1900, quail.
flied reversal of T. d. 22157; T. d.
2S2S7, Sept. 25, 1901, total reversal of
T. ID. 22157
1t will be observed that the Insular
Decisions interviewed between T. D..
22157 and T. d, 232S7.
3. No drawback is permitted on
merchandise shipped to Guam T. d.
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