The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1909-08-05
CUSTOMS COURT
MUST WAIT TAWHILE
Insurgent Republicans Block
1t for the Present.
OFFICE SEEKER DISAPPOINTED
No Provision Made for the Payment
Of saInrIes-NO Effort 90 Organize
Body VIII BE Made Until Next ses-
sion of COngress-"Lnme Ducks" Of
House in Race for Berths.

The leaders in Congress who have
charge Of the conference report on the
tariff bill have been compelled 10 yield
another important point 10 the insurgent
Republicans.
The authorization Of a customs court
Of appeals has been practically nullihed
for the time being and until Congress
takes further action at the regular ses-
sion nothing can be done in an admins
tratlve way toward putting the machin-
cry Of this court IN motion.
|. The customs court provision was put
into the bill by the Senate Finance Conf
mittee. II was vigorously attacked IN the
Senate and the proposed salaries reduced
The opposition 70 the proposal was
formidable and vigorous.
Senator Clark OF Wyoming, chairman
OF the Judiciary Committee, led a fight
against It. and Senator Borah, Of Idaho.
generally recognized as one Of the ablest
lawyers in the Senate. opposed IL on the
ground that it was an implied assault
upon the Federal judiciary. and that It
had been created with definite object
in view OF having a tribunal 70 construe
the tariff law in a way Shat would be
satisfactory 10 the author4sof the law.
thing which the Federal cserts had not
/ been doing
Put Back in Bill.
When the tariff bill came from confer
ence IL was found that the salaries OF the
/ Judges and court officers had been re-
/ stored to the figures fixed by the original
/ report from the Finance Committee.
! This created much adverse comment. IN
view Of the fact that customs court
authorization had been put into the bill
/ by the Finance Committee. and the Sen
ate had made a marked reduction in the
salaries. The result was a threat 10
scuttle the tariff bil unless the salaries
We're reduced
The opportunity for the opponents OF
/ the customs court came when the urgent
deficiency bill was reported to the SEN
ate. While the tariff bin fixed the sal
aries. it wae left for the Appropriations
( Committee TO make the necessary pro-
vision 10 pay the salaries. After q Wig
! oroCs onslaught, led by Senator Bovah.
who offered an amendment reducing the
proposed salaries generally, the deficiency
bin was passed, bat the appropriations
for the customs court had been emascu-
lated beyond recognition.
Amendment Cut Out.
But the insurgents were not entirely
satisfied with having reduced the salaries
and when the urgent deficiency bill Went
to conference they renewed their fight.
with the result that when the report was
made 10 both Houses yesterday BY the
Iconferees. the Senate amendment carry
ing appropriations to pay salaries OF the
iJu6ges and other officers Of the proposed
lnew court was entirely eliminated.
In its place was an appropriation OF
S25.00O to enable the board Of general
Iappl aisers in New York 10 employ spe-
ciaI counsel 20 assist the government
in the prosecution Of appeals in customs
cases in the Federal courts.
On the face Of things II apeared that
there was no likelihood Of putting the
customs court machinery in motion IN
the absence Of appropriations 70 pay sal
cries. But In view Of certain reports thai
the court might be organized and pro-
ceed to business. relying on the next ses-
sion Of Congress TO make the needed ap-
propriations. the Senators who oppose !
the creation Of the new tribunal. led by
/ Senator Borah. went to the President
and TO the leaders in Congress and Sc
cured from them assurances that no ef-
fort would be made 20 organize the court
until after Congress had made q specific
appropriation 70 meet the expenses for
salaries, &c.
Trouble Feared.
Indeed, under the statutes there Is some
question whether an attempt to set the
machinery Of the new court in motor
on the part OF the executive department.
would not lead 20 serious complication.
Congress a few years ago passed a Law
I'm che form Of an amendment 10 The
general appropriation, forbidding IN,
heads Of departments from creating 6e
fciency Under the wording OF IN,
statute, which Representative Tawney
chairman OF the Appropriations Commit
tee Of the House. cited IN explaining tn,
situation, The executive department.
would incur the risk OF penalties fol
proceeding 10 incur expenses resulting fl
{ a dedcit, in the absence Of q specih,
appropriation.
Tire result OF II all viii be that IN.
customs court matter viii go over unit
the regular session Of Congress. and iti
opponents in the Senate believe that the,
will be able at that time to repeal tha
: part Of the tariff bill which authorizes
the new court.
Easy Jobs Lost.
The failure OF the customs court L
materialize viii be a great disappoint
ment 70 e number OF politicians who haC
; been looking forward to appointments.
According 20 the report which reached
Congress. many OF the places had beer
practically filed in advance. A number
Of statesmen" out OF Job We're slate,
by current rumor for seats in the new
customs court, and some Of them IN an
! tfcipation OK appointment had reali,