Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-06
CHARGES OF AN Ex-C0NSUL
J. Martin Miller Sees Trouble for
Uncle Sam.
CONGRESS MAY CONSIDER I
Invoices Are Certified by Uncle
Sans Agents, When Law Says
They Must Be Sworn To.

Special Dispatch to The Star.
NEW YORK, January 6.-J. Martin Mil
Ter, who returned to this country last No
venher with confirmed idea that the
consular service of the United States was
not what 1t should be, has had more to say
on the same subject. What he said, in
fact, involved the accusation that an ex-
ecutive order issued by President Roose-
welt last June was in direct conflict with
certain United States statutes, and those
consuls all over the world who are obey
ing the executive order are rendering
themselves liable to Imprisonment for
three years and a fine Of $4,000.
Mr.. Miller was the United States consul
at Rheims. France. in the heart. of the
richest champagne district, when the ex-
ecutive order referred to was issued. He
admits that he called the attention OF
the State Department to the fact that
the Presidents order was in conflict with
the statutes, and not long after that he
resigned his consulship, the resignation
taking effect on the last day of 1907. He
says he doesn't know whether the Pres
ident's attention has been called to the
fact that the executive order and the stat
utes are all at odds, but he does know
that the order has never been withdrawn
or modified.
''This thing said Mr.. Miller, "is a prai-
rie fire. and before it is extingushed it
will involve the National capital. have
knowledge that the matter will be is
cussed on the floor of the Senate before
the session ends. and should not be sur
prised If a commission to inquire into the
state Of the consular service generally was
provided for.
"on June. last Mr.. Miller continued.
president Roosevelt issued an executive
order which, among other things nulli-
fed sections 1715, 2Si3 and 5442 of the
Revised Statutes of the United States.
At least, the order supplants the statu-
tory laws OF the nation under the above
named sections, and consular officers all
the world over are violating this law in
obedience to the executive order.
Wording Of Presidents Order.
'The exact wording of the order relat-
ing to this is as follows: Paragraph 6s1
of the consular regulations of 1896 rela-
tive to swearing to the invoice is hereby
revoked The same order reads further:
AS rule consular officers shall not re-
fee of the shipper. purchaser, manufac-
turer. owner or his agent for the purpose
of making declarations to invoices, but
shall certify invoices sent to him through
the mails or by messenger
Section 1715 of this law" continued
Mr.. Miller, "reads like this: No consular
officer shall certify any invoice unless he
is satisfied that the person making oath
thereto is the person he represents HIM
self to be. that he is credible person
and that the statements made under
such oath are true: and he shall, there
upon, by his certificate, state that he is
satisfied.
Section 2S43. the third of the three
which Mr.. Miller says the executive order
assails, runs like this: No merchandise
subject to ad valorem duty belonging to
a person not residing at that time In the
United States and who shall have
actually purchased the same shall be ad-
mitted to entry unless the invoice is veri-
fed by the oath OF the owner or one Of
the owners certifying that the merchan-
disc was actually purchased for his ac-
count for the account of him
self and partners in the purchase;
that the invoice annexed thereto con-
tains a. true and faithful account Of
the actual cost thereof and all true
charges thereon, and that no discounts
bounties or drawbacks are contained in
the invoice but such as have been actual