Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-09
RESOLUTION IN CONGRESS IoOPEN
RECIPROCITY With CUBAQUEST|0N
BY c. S. ALBERT.
IspecfaI Star-RuT!stIn g

In Correspondence
I any tariff law of the United States
subsequently enacted.
1T will be observed that this article
of the treaty gives all Cuban products
a preferential of 20 per cent below
existing or future tariff taxes fixed by
the United States.
This provision would take care OF
the subject If there was nothing else
in the treaty; but further on in the
treaty tobacco is exempted from this
provision, and with reference to sugar
it is declared that:
While this convention is in force
no sugar imported from the republic
of Cuba. and If the product of the soil
and industry of the republic of Cuba.
shall be admitted into the United
States at a reduction of duty greater
than 20 per cent Of the rates Of duty
thereon as. provided by the tariff act
of the United States approved July
"a. 1897.
Thus it will be seen that this para
graph In the treaty expressly declares
that the 30 per cent reduction given
to sugar shall go no lower, than 20 per
cent below the tariff schedule of 1897.
"The pending, bill makes no pro-
vision for 90 per cent preferential
for Cuban sugar below our general 25
per cent reduction on sugar, and the
treaty and act of 1903 expressly de-
clares that sugar shall not have, CON-
ing from Cuba, a reduction of great
er than 20 per cent from the act Of
1897. -. T..
Constituting, therefore. the two to-
gether, as we have the bill. while We
reduce sugar generally % per cent,
we are only reducing Cuban sugar 5
per cent below the rate under which
it now comes In under existing law
between March 1. 1914, and May l..
1915, when sugar goes on the free
list. %-."%
NOW. ! know that this is not what
the house. meant 20 do, and I know
that 1t Is net what the senate meant
to do. / am making this statement
after careful examination of the legal
questions involved, together with an
equally careful examination OF the
treaty and of the act of Congress of
1903, and after careful consideration
of both of them In connection with the
Underwood bill, in the earnest hope
that the conferees may correct this
mistake e-ss 40 sffsA = y Il
q Mr.. Hardwick was. prompted to make
these remarks by reason Of the con-
tention of Alonzo Hopkins Stewart of
Washing ton. COUNSEL for certain tobac-
CO trade publications. that the Under.
wood bilf unless amended would penal.
lie Cuban sugar and so result in the
abrogation of the reciprocity treaty
with an attendant loss to the Cuban
tobacco trade. ~ = g - = -, - = .:
In the closing hours OF the consid-
Grafton of the bill by the house and
senate confereest an attempt was
made to correct the defect thus shown
BY attempting to abrogate the proyiso
Of Article of the treaty. Since the
passage of the Underwood bill the SUI
gar and tobacco interests have been
that measure to the clos
est scrutiny. They. claim that in their
haste the conferees entirely forgot to
repeal the act of Congress giving ef-
feet to the reciprocity treaty and that
In the light of the decision of the su-s.
preme court in the case Of the United
States VS.. the American Sugar Refin-
ing Company, decided May %, 1906,
202 U. S. reports, page 563, Congress
failed in Its purpose to secure for Gu
ba reduction Of 20 per cent of the
Underwood rates. -.
s-.IF this ha ,-fruoss IL 10 oIoipood fhof
the Underwood bill only serves to give
the Cubans the years notice provided
for in the reciprocity treaty. 1t will
now be up to Cuba to signify whether
she. is willing to- continue to extend
from the United States a
preferential rate of from Is to 40 per
cent on about Sos, 100000 Of imports
while the United States places sugar
On the free list.
In discussing the matter this even
ing Mr.. Stewart said:
Il have most carefully examined
the same in connection with the de-
ciSion of the United States supreme
court in the case of U. S. vs.. Ameri-
can Sugar Refining Company Omitted
States 202, p. 563l and the decision of
The court of customs appeals in the
Cliff. Paper Company vs.. the United
States, and l find a condition which
may result very injuriously to the
tobacco trade as well as affecting su-
gar. -
The section of the new tariff law
relating to Cuban reciprocity Is as
follows:
Section 4B.-"That nothing in this
act contained shall be so construed as
10 abrogate or in any manner impair
Dr. affect the provisions of the treaty
If commercial reciprocity concluded
between the United States and the re-
public of Cuba on the 18th day of De
cember, 1902, or the provisions of the
act of Congress heretofore passed for
he execution of the same except as
% the proviso of article of said
,reaty, which proviso is hereby abro-
gated and repealed"
A careful reading shows that while
Congress proposed to abrogate the
,roviso in article of the treaty
which proviso is in the following