New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-04-11
IN FAVOR Of RECIPROCITY
Court of Customs Appeals Rem
ders important Decision.
Favored NATIONS" RULING
Case Involved Payment of Lower
Rate on Spirits from France
than from England.

WASHINGTON. April I0.-The Court OF Gus
toms Appeals to-day rendered decision
on the rate o. duty which should he inn
posed on whiskey imported from Eneiano
ana France The point involved is the
same raised in opposition TO the proposed
Canadian reciprocity agreement by those
who asserted IT was practically forbidden
by the favored nations clause.
A. u shaw & Co. finn OF New YORK
importers protested payment or duty on
vhiskey from England at The rate OF y %
q gallon. holding they were entitleo 10
rate of 81 80. which is imposed on whlsKe!
and Other spirits from France. The essence
of their claim that under the most
favored nation clause with Great br''d'h
importations from England are entitled 10
10 entered at the same rate of duty leVleu
upon such merchandise wnen impor'e"
from France and the other countries Win
which similar treaties have been executed
The action of the customs authorities III
refusing 10 extend the lower French duty
to imports from England was sustained.
The treaty with England was negotiated
IN 1915 and indefinitely extended IN M
The treaties with France, Italy and Ger
many. forming the basis of the importer
claim, were put into effect by the Presi-
dent under the tariff act Of 1897. Under
the last named treaty, in view OF reclpro-
cal and equivalent concessions the rate
on whiskey from France was fixed at 81 20
a gallon The court holds that by its terms
the treaty is one OK mutual consideration
and concession.
The importers claim was that the con-
ccssion Of the lower rate OF duty TO France
was a special favor. within the purview OF
the treaty with England. The court in its
decision says:
We think that in logic or effect the neso-
tiation OF a treaty upOn consideration
does no Violence to that treaty pIoVisiyV 90 !,
WITH England. The reciprocity treaty with
France is one founded upon mutual consio-
erations. This country gave considerations
for the considerations given III eNcnahge
therefor by France If this country shouio
coucede 10 Great Britain without conSdera-
ZION what ii has conceded 10 France Tor con-
fideration II would not be concedns 10 -hs
lard favor II conceded to the other C0uh,
try. buf il would be cOnceding 10 EnSIan
more than il conceded TO the other countr!
because England in such case gives no CON
alteration FOR the concession lor winch
France gave q consideration
The extension OF the 81 80 rate upon splr'
itous liquors in this case TO England VIII,
out any mutual concession therefrom Woulo
he conccding not what was conceded
France, nut something more than was con
ceded France. and therefore cannot of
within the purview of the most favored ma
ton clause of the treaty with his BritannlC
majesty without consideration, winch mas
not been given.
~ the treaty with England is not self
executing, or II IL has not been executed
BY tho legislation of Congress noted, the
question is not one for the courts, put IL
rolitical one for the legislative and eXecu
tive departments OF the government.
The Customs Court also decided the cast
involving the shipment of Philippine Good'
In favor Of the United Cigar Stores Com
pany. 1t was held that goods which arr
entitled 10 be entered free of duty may
now be sent ny small vessels from th'
Philippines Islands 10 the large ports o.
Hong Kong and Shanghai and there tran
shipped ny lighter from the small vessels
TO the large vessels bound for the United
States. The government commended thai
the PEOPLE OF the Philippine Islands were
entitled 10 this free duty only where the
goods left the Philippines in the same yes
sells in which they arrived IN the United
States