New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-06-28
CONGRESS HAD TO ACT.
CHban Treaty, 1t Is Decided, Did
Not 10 Into Effect Till Then.

BOARD 40 Of the Emitted States General APP
rrsisers arounced yesterday 4 decision regarding
the when the treaty between the United States
snG Tho Republic Of Cuba went into effect Under
-1.s treaty, Cuban products admitted TO the
United States at reduction OF % per cent in the
regular tariff rates. IN Article XI of the conTen-
;loa it Nes provided that the Publications should
bs exchanged az Washington before January 81,
7'fa. and that the treaty should so into effect on
me ;eatl Gay after ratification The necessary &c
zion uot tsReI- within the period stated. how
ever. aUi d.. A resolution OF March 49, 1905 the Sem
rte " Tie United States added Article XI
tAese This convention shall effect
Lati tlc same shall have keen approved by the
congress. j WAS not until December Il, 1903,
f-st Congress passed carry the provisions
Il the convention into effect. although the treaty
s-ad been signed on December j.. 1892. In the act
81 December Il. 1893. was provided that when the
President OF tEe United States should have
<eiVed satisfactory eyidence that the Republic Of
'nb4 had made provision give full effect to the
Articles o. the convention he should be authorized
10 Issue as Proclamation, and mat ''thereupon
tne tenth day after the exchange of Publications
the REDUCTION allowed under the convention should
be n effect.
II "as commended by certain importers that the
PROVISIONS OF the treaty went into effect on April
II, 1903. ten days after the exchange of ratiica-
lions, on March 81, 1908. The question was heard
On protests filed by A. E Hutchinson & Co. and
other importers. The protests overrued. and
-he board holds that the treaty not go into
feet prior 10 its approval by Congress.
The opinion of the board is written by General
Appraiser Sonerville. formerly a judge of the Su-
IRENE Court Of Alabama. He points out that il is
not necessary 20 decide whether the treaty went
INFO effect December Il, when the act was
passed, days thereafter, as declared by the
proclamation Of the President. That point was not
before the board in the present case although II
IS likely 10 come up in the future. The present
case, also, Will doubtless be appealed ultimately
10 the United States Supreme Court. He says in
part:
Some difficulty arises from the apparent repug-
nancy OF certain clauses contained in the act Of
congress approving the treaty, which in one
aspect. seems from its own language to indicate
Alat u shall not go into effect until President
mas received and passed the evidence required
70 be considered by him. and which must be salts
factory 10 him, showing that the Republic of Cubs
ndq made provision TO give fun effect the ar
Tioles Of the convention Nevertheless # declares
that, fhereupon, on the tenth day after the ex-
change OF Publications of such convention the re-
ducton OF the rates Of duty provided for shall take
erect The treaty was actually ratified March
81, 1888, about nine months before the act OF Con-
Eress was passed. We are. nevertheless of opinion
that the provisions Of the treaty could take
erect until the time fixed by the resolution of the
Senate, OF March ls. 1893. which declared that this
convention shall not take effect until the same shall
reference to futurity and the language the reso-
luton, having become part Of the treaty
speak for itself. This follows from the general
rule often declared by the courts that a RETROSPECT
tive operation will never be given to law required
by express command or by necessary implicatio