New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-07
LOEB WITHIN THE LAW
ORDER FROM WASHINGTON
Custom House Brokers to Bring the
PENNSYLVANIA Case to Court.

Collector Loeb yesterday explained his action in
closing the Custom House at 4:SO O'Clock on Thurs
day, thereby shutting out the cargo of the Ham
burg-American lrer Pennsylvania. after the sign
ing OF the tarin measure. John T. Rafferty,,
president of the National Association Of Custom
House Brokers. issued explanation in his turn.
telling why the brokers to bring the affair
into the courts soon as possible.
The Treasury Department" Collector Loeb said
ISSUED an order that all the houses in the
country should close at 43O o'clock. 1t thus
impossible for to keep open any later. / know
of only precedent for a later closing hour
such occasion. and that was when the Dingley
act OF 1897 was about to go into effect At that
time late vesse! was allowed extension Of
time. The only late vessel in this instance the
Pennsylvania. She did not dock until II O'Clock.
Il have consulted the legal department and II
tells me that there is absolutely no precedent for
allowing goods IN be entered before bona fde
landing has been made. The orders OF the Treasury
Department were direct and explicit and there
was nothing to DO but 70 comply with them
Captain II. Schmidt brought his manifest 10
the Custom House at 1890 a. m. yesterday. and
the brokers took their time about getting the
papers through. They made TO swear out
new declarations before they could file entries for
merchandise the delayed steamer Collections
will be made according TO the Dingley rates. as
on all other goods entered under the new tariff,
until the full schedules OF the new law have been
printed and distributed.
deducting the increased charges from the bonds
which must be deposited by the brokers. in
case OF reductions. by direct refundng OF the sur
plus by the Custom House One exception is made
in the case OF hides. which are TO come In free.
No formal charge was made against them in any
case
Mr.. Rafferty, put the OF the brokers and i'm
pOrters briefly and with emphasis.
The difference IN the duties' he said. ION the
cargo OF the Pennsylvania amounts to small fort
We shall certainly carry the case 20 court as
possible, entering protest when the
praisers make known the actual amount OF the
levy. II will probably take several months 10 get
the goods through. To slow that offered the
entries TO the collector before the tariff was
effective. had the entry clerk mark each
paper Refused and the hour at which it was
offered. Tho time varied from O'Clock last even
ing TO 10 so
"Our contention is Of course. that the importa-
ton was made when tho vessel entered American
As the ship reached her dock by II o'clock.
before the law went into effect, It would
10 be only fair to make allowance for the
fact that the Custom House not then open"
The business % the dsv az he Custom House
was very light Deputy Collector Raker said that
the receipts ~ t3s0.223 % the lowest since
he has been in the service The total receipts OF
the day before sI.l2'OoO. and since August
nearly every day has receipts OF at least
81 100000 The PennsylvsnIas passengers paid
only 1925 80 duties
by the importers who had hides in storage there as
hides the one free article in the new schedule
which the law might apply freely AT
Washington Aug. Sit said az the Treasury
Department to-day that protest in the case Of
the Pennsylvania would not be unique Several
such protests are expected. IN view Of the late
arrival OF vessels from European ports which were
not permitted enter their cargoes before the
Payne law went into effect.
Gil.
Loeb in declining 10 permit the Pennsylvania 10
enter her cargo, acting entirely within
sonable rights The regulations Of collectors OF
customs provide that the customs Offices shalt
be kept open for such hours may be necessary
10 transact the public business. This IS assumed
10 mean that the hours shall be reasonable bust
hours
Assistant Secretary Reynolds said to-day that
the case OF the Pennsylvania did not differ in
principle from other cases which had been decided
by the courts !n favor OF the government. AS
a matter OF fact. he said. Collector Loeb actually
did keep his Office open yesterday until O'Clock.
but that was done In order 10 accommodate i'm
porters who had been at the once for many hours
awaiting their turn for the transaction Of bust
To persons who reached there after ~
o. m. the once closed,
When the attention Of Assistant Secretary Rey
nolds was directed to the charge OF President
Rafferty, OF the New York Custom House Brokers
Association that while the Custom House in New
York was closed against the Pennsylvania. the
Buffalo with rich cargo. was entered at the
port OF Boston at s.a5 O'Clock last night, he said
that no action would be taken in the matter.
the collector Of a port the Judge in any case
the exigencies OF which may require late once
hours.