New-York tribune., 1910-02-14
CIRCUS UNDER BIN.
Im1f Lac Practically Pre-
cents Leauing United States.
rFrom The Tribune Bureau

Washington, W Feb. 13.-Unless the Secre-
laTy OF the Treasury can see his way clear
10 hodlfy or suspend customs ruling
no American circus will go abroad until
thefe is another revision OF the tariff
several OF the "bigger-than-ever. greatest
Srahoest and most stupendouS shows under
one tent have made tentative bookings
TO visit Canada this season, but present
indications are that the boys and girls of
the Dominion will not have the pleasure of
following the band wagon. feeding peanuts
10 the elephant and screaming their de-
light at the antics Of the clown.
John NJ. Kelley, Of Barabco, Wis at
torney for enc of the biggest circuses, Is
IN Washington seeking TO convince the
Treasury officials that something ought
TO be done TO permit circuses 10 go outside
the territorial boundaries of the United
States without suffering tariff penalties.
lie feels that the Republican party owes
something to the elephant and ought not
TO oppose a short Canadian summer trip
for its mascot.
Nobody seems 10 know just how it hap
pened that the words mot including ami
mails" found their way into Paragraph 500
of the Payne law They are there how
ever. and their presence means that no
American circus manager would be fool
hardy enough TO take his show outside
OF American territory. Paragraph go
is in the free list Of the Payne law, and
its purpose is 10 provide for the free entry
into the United States of articles which
are returned 10 this country after export
without having been advanced'in value or
improved in condition.
This paragraph or the law mas closely
scrutinized when the Payne bill was before
Congress. II was discussed, and some OBJ
lection was made by Senator Dolliver TO
the return TO the United States free of
duty OF animals which were exported for
breeding purposes. Mr.. Delliver wanted
the phraseology of the paragraph amend
ed, and through an error the words mot
including animals" were inserted.
The use of these words means that all
domestic animals owned by circus must
pay the usual rates of duty when reim-
ported into the United States. Some OF
the larger circuses carry about four hun
dred horses. Although they are frequently
described on the bills as ''dashing Arabian
steeds,'' most Of them are plain domestic
horses from Texas or Oklahoma. and as
such are subject to tariff duties when they
seek TO re-enter the United States after
head or less are dutiable at $50 each, while
horses valued al more than $50 must pay
- per cent ad valorem. A dashing circus
charger. well gated and with back
broad enough to enable spry acrobsts 10
turn somersaults is frequently valued at
s., l,5t1. Such q horse would have to pay q
duty OF $50. II Is estimated that big
circus would be put 10 an expense OF up
mo ri nf in fnr the nrtViaepe
OF including a few Canadian cities in its
summer itinerary.
The Senate and House leaders, as well as
the officials Of the Treasury Department,
frankly say that there was no Intention OF
striking at circuses when the words mot
including animals were inserted III the
Payne Law. The customs experts have
been asked 10 examine the question care
fully with view to constituting Paragraph
5el more literally than the phraseology
seems to permit