Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-11-10
Attorney General McReynoIds
Holds Act Mot Operative
and No Effort VIII Be Made
to Enforce 1t,
UNDERWOOD BELIEVES
IN LAW AS PASSED
Opposition Of Foreign Nations
to Provisions Of Measure Is
Responsible for Ruling Of
Legal Department.

fny NoRHiNa JOURNAL special tEAetn wfREf
Washington. Nov 9.--Attorney Gem
eral McReynolds has decided tnat the
subsection OF the new mrln law
authorizing discount of five per cent
on 1u goods imported in American
vessels is nulined by lts proviso that
nothing in this subsection shall bee
SO construed os 10 abrogate on Ia any
manner impair or AFFECT the prov-
slons of any treaty concluded between
the United states and any foreign ma
ton"
Secretary MeAdoo. OF the treasury
department. made public the attorney
generals opinion today and au-
uouuced with ii the collectors Of cus-
toms would disregard the subsection.
as they had been instructed to do on
oct 8. Entries held up pending the
decision now viii be liQuldnted. leav-
ing importers who insist upon the five
per cent discount to protest, with tho
right of finally carrying the question
TO the court Of customs appeals
This ends, for the present at least,
the long drawn out discussion over
tho proposed dinercntlal duty provi-
sion, the subject Of much debate IN
congress while the tariff bin was un-
der consideration.
MT McReyuolds said:
THAT the five per cent discount to
American vessels only, which was tho
primary object Of the subsection i'm
question, cannot be given without im-
pairing the stlpulatons Of existing
F !.
various other powers and that consc-
Qucntly the subsection by the ex-
pressed terms Of the proviso, is in
operative"
Twcnty-three nations have treaties
with the United States. under which
they claimed their ships had a right
to the dInereutial IN common with
American ships These included Great
Britain, Germany. France, Austria
Hungary italy Japan Belgium, Dem
mark, Greece, The Netherlands, Spain,
Norway ana Sweden
Several foreign governments. In
CiudIng those OF Germany France and
spain made strong protests to the
state department usainst the proposed
discrimination and there were some
Indirect threats of "a trade war if the
preference duty was enforced.
Efforts were made by some of the
administration leaders, Immediately
after foreign protests were received.
TO have congress repeal the provision.
Representative Underwood, chairman
Of the house ways and means conn
mittce ana the original champion Of
the clause however expressed him
self as opposed to such action and the
president did not urge It.
Allowance Of the discount to ships
eff those nations claiming Individual
rights with American bottoms would
have resulted i'm am estimate loss Of
8to,00O000 annually in customs du-
ties. This would have created de-
hclt instead Of u surplus iu the treas-
urE as has been estimated by the tar
in trainers
Importers who are dissatisfied with
the opinion of the attorney general
may protest 70 the collector of GUS
toms at the port Of entry who will
lay their objections before the board
of general appraisers IN case tho
boards decision is unsatisfactory to
the appellant the case may be car
fied to the court OF customs appeals
for Gnal dispositions