The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-01-18
Entry OF GOODS ON
SHIPS MANIFEST
BILL LADING UNNECESSARY.
eoraT UPHOLDS COLLECTOR IN AN
IMPORTANT TEST CASE

.,i..crv of Imported Merchan-
s;so Can BE Made TO the COnsfGnee
a., the strength of the Manifest
v,Ied BY the Ships Master--The
p.ttIe Ship Georgia Half Com-
,,e+ed-Other News OF Interest TO
shippers.
decision of much interest to ship
o,s and importers has just been
landed down by Judge Coke in the
United States Circuit Court, for the
corthern district of New York, which
,,stains the position taken by Collec-
cor St,anahan, of the New York port,
and the law division of the New York
custom House.
THE title of the case was Deroubert
&c Stranahan, and the question in
,olved was the right of the collector
of customs to permit entry and de-
livery of imported merchandise in the
ohsence of a bill of lading at the time
of entry.
The collector has always acted on
,no theory that, in the absence of an
diverse claim at the time, the vessels
manifest was sufficient warrant for al
,,,,,inq the consignee named therein
20 enter the goods without presenting
tho hill of lading. In this interpre-
tation of the law, Judge Coke con-
ours.
The facts in the case just decided
,,ero as follows: On Dec. 6, 1902, the
s+oor,sbiD La Touraine arrived at New
work having in it's cargo $50 gross
hon, combs. which, in the official mani
fost Of the vessel, verified by the mas
ter and filed in the Custom House
according to law, were consigned 10
5. Ghazal & Co. -
,o5,- Of the government and remained
tbaTe until Dec 26, 1902, when the con-
rienees made application to enter
,bep The collector, in the absence
of a bill of lading being presented
asked on what authority Ghazal d
Go. claimed the right to enter the
goods. and was referred to the state
nent in the ships manifest Where TINS
frm was named as the conslgnees, ana
to the oath wherein the master sWore
that the document was made up from,
and based upon, the several bills or
lading issued by him prior to the YES
sells departure from France.
Given the Merchandise.
In the absence of notice from any
other person claiming title to, or IN
terest in the shipment, ana upon an
arrangement being made whereby the
collector should be indemnihed IN the
event of his sustaining any loss or
damage by reason of the derVery ol
the goods to the consignees, entry was
allowed and a permit issued 10 them
tho duties had been DdlQ.
Three weeks subsequent TO the en-
try and delivery of the goods to Ghazal
g. Co, the plaintiff in the case, Paul
Deroubert, who held the draft drawn
by the foreign shippers of the goods on
Ghazal & Co. for the cost of the goods
presented to the collector the bill OF
lading which had originally been is
sued by the master of the vessel and
in which Ghazal & Co, were named Us
the conSigneeS.
This bill of lading bore no indorse-
ment or assignment by GhaZal & Co. Of
their interest in the goods, and the
collector accordingly refused to enter
tain the claim of Deroubert for the
loss of the goods. taking the ground
that according to the vessels manifest
which was subsequently confirmed 10y
the terms of the bill of aiding, the
title to the goods was alone with
Ghazal & Co, and that the delivery Il
them was lawful and proper by virtue
of the provisions of Section /, of the
Act of June 10, 1890, which provides
That all merchandise i'm.
ported into the United States, shall
for the purpose of this act, be deem.
ed and held to be the property of the
person to whom merchandise may be-
consigned"
Deroubert then sued the collector fol
the value of the goods, and the case
4ViA Haf It'd 1.
his opinion in sustaining the actor
of the collector, he says:
COnsiGnees the Owners.
The collector is an executive officer
his duties are ministerial. He is not
concerned with questions of ownership
OF goods which came into his posses
sion, he is not permitted to determine
disputed questions or title. He looks
TO the statute as his guide and finds
mat there a simple, effective and SEN
sble rule, which has, in substance
been the law for more than a century;
namely, that the consignees shall, sc
lar as the customs law is concerned
De deemed the owners of imported
merchandise"
In another portion of his opinion
Judge Coke says: Although the bill
OF lading is, perhaps, the best evil
uence of the right to make entry, it
- lot indispensable. II the Dill OF
Gdlng had been produced by the
plaintiff upon the arrival Of the goods
inherent situation would have been
presented, but even in that case it is,
al least, questionable whether the col
rector legally could have refused en-
Try to GhazaI &, Co.. they being adj
mlttedly the consignees named in the
Dlu OF lading. Upon the entire case
II IS thought that the plaintiff Is not
entitled to recover"
he course taken by the collector,
ana which has been judicially upheld,
Is IN accordance with practice which
was established by him about a year
ago when it was adopted after care
lul examination by the Law Division
oI the collectors Office. 1t was adopt
eu with a view of expediting, as far
as practicable, the public business and
eaNlhg importers from inconvenience
ana loss when there in the receipt
VI their bills of lading through the
The Battieship Georgia,
one of the largest vessels in the
World' the battleship Georgia, building
- me Bath Iron Works, Bath, Me-,
now about half completed. she
enormous in size, and is only equal
~ u ey three ships designed little
n ie than a year ago for the British
nayy. The Georgia is 435 feet long,
t |lu When finished win displace more
I'm I'm l4'50O tons, which makes her
va oo,t"9lhing heavier than any warship