The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-09-24

Many interesting circumstances are
coming @ the surface 70 show the eX-
tremes 10 which the administration has
gone and Is preparing 10 so to insure
the success of the gigantic naval demon
stratiOn. involving the voyage of nearly
4 score Of battle ships from the Atlantic
Ocean to the Pacific.
Another legal obstacle has been en-
countered which, if not overcome may
materially increase the cost of this I'M
precedented enterprise but in view Of
the course followed to this time, it IS
not TO be doubted that the administration
will ind "a means of overriding any mere
legal consideration in order to lessen the
expense OF the movement, and thus
obviate to a degree the criticism bound
10 come that the excursion of the feet
involves an extravagant expenditure Of
public money.
There IS reason to believe that concern
is beginning TO be felt in administration
circles over the prospect of allegations
that the law for the protection Of Ameri-
can shipping has been violated, and it
was said to-day that the whole subject
OF the legality Of the employment OF
foreign ships 10 carry supplies for the
feet from American ports 10 other Ameri-
can ports would be submitted TO the
Attorney General for his opinion.
New Obstacle Found.
The new obstacle mentioned is found
IN an existing law which imposes ton
mage and lighthouse dues on foreign
vessels engaging in the American coast
wise trade. The purpose of the law was
70 make 1t impossible for ships Of for
eign register to prodtably compete with
American ships between ports exclusively
within the territory Of the United states.
Subsequently, a law was enacted prohib-
iting any vessel Of foreign register 10
carry cargo from one American port
70 another American port, but the orig
inal law was not repealed.
It is understood that the Department OF
Commerce and Labor. the branch of the
government charged with the enforce
ment Of the navigation laws, held that If
foreign GOLFERS are TO be employed In
carrying coal for the fleet from one
American port 10 the other. they must
pay lighthouse dues and the tonnage
tax, amounting 70 81 per net ton OF
the vessels carrying capacity.
May Seek Repayment.
The administration has already en-
pIoycd foreign golfers 10 carry coal for
the fleet from one American port to an
other. If these vessels lind that they are
obliged TO pay tonnage and lighthouse
dues. they viii insist that they be COM
pensatcd for the additional cost. which.
IN the aggregate. would increase the
amount OF the coal contracts enormously,
and in some cases make the price of
transportation equal 10 or greater than
that asked by certain American ship
owners.
The statutes provide also for the pay
ment Of tonnage and light dues by
foreign vessels entering American ports
from foreign ports. but these payments
are not enforced in such cases on account
Of reciprocal arrangements between the
United States and foreign nations. There
has been no reciprocal arrangement. how
ever. 20 suspend the enforcement Of the
law requiring the payment OF tonnage
and light dues by vessels of foreign reg
lister engaged In the American COastwise
trade.
The administration, il is understood.
overlooked the existence Of these laws
when il directed the Navy Department TO
employ foreign vessels to transport coal
from one American port 10 another.
President Gives Reasons.
In deciding that foreign vessels might
be so employed. the President took on
the ground that he had authority to do
so under the law which permits the en-
ployment Of foreign vessels TO carry sup
plies for the army and the navy when
ever he finds that the cost OF carrying
such supplies in American bottoms viii
be excessive and unreasonable. The dis
COvcry that the tonnage dues and light
dues acts were stiu in force has given
new phase To the matter Of the en-
ployment Of foreign ships, some Of which
are already on their way from American
ports 70 other American ports with car
goes Of coal Tor the battle-ship fleet.
Another cause for complaint by Ameri- !
can shipowners and by those interested
IN the encouragement Of the American
merchant marine is found in what seems !
10 be case OF preferential treatment
accorded those employing foreign vessels /
10 carry coal for the fleet This alleged !
preference lies In the fact that ia the |
bids for transporting coal purchased /
some time ago. the bidder for q contract |
who intended 10 use American vessels 1
was required to give the names Of such /
vessels in his bid. whereas, if forclen I
vessels were 10 be used the bidder was /
not required 10 furnish the names of /
these until notified by the Navy Depart |
ment that it was ready to utilize their |
services
American Shippers PInint.
The objection to this method is that
the bidder who intends 10 use foreign |
vessels can charter any such vessel that /
happens TO be available when the Navy /
Department Informs him that the coal /
is ready for shipment, while the bidder |
using American ships has 10 make hts /
arrangements prior 10 submitting his bid /
IN order TO be able TO comply with the
requirement that the names Of American
vessels 10 be used must be furnished
with the bid.
When the administration first began To
give consideration to means by which
II would be able 10 lessen the force
OF the criticism that the fleet demon
stration would require a tremendous ex-
peuditUre Of public money. it encountered
the legal objection to the employment of
foreign vessels in the transportation of
the fleets coal supplies from American
ports on the Atlantic Coast 10 American
ports on the Pacific Coast.
This objection was voiced in an opinion
said 70 have been rendered by Secretary
Stratus of the Department OF Commerce
and Labor. who held, upon the advice of
the Bureau Of Navigation, a branch Of his
department. that the employment Of for
eign vessels in carrying cargOes between
American ports was prohibited by the
eoastwise navigation laws. The matters.
IL said. formed the subject of a confer