Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-09

or in any manner impair or affect the
provisions Of the treaty of CONNER
cial reciprocity concluded between the
United States and the republic of Cuba
on the nth day Of December, 1902. or
the provisions of the act OF Congress
heretofore passed for the execution of
the (same1 treaty of commercial reci-
procity concluded between the United
States and the republic OF Cuba on the
18th day OF December, 1902, except
as to the proRiso Of article 8 Of Csaidl
the treaty Of commercial reciprocity
concluded between the United States
and the republic Of Cuba. which pro-
vfso is hereby abrogated and repeal
ed"
1t Is therefore very clear that the
act Of December Il, 1908, has not been
repealed. And the commerce court in
the case above referred to makes very.
clear the point that a treaty provision
may fail and yet the act Of Congress
carrying the treaty into effect will
still continue in full force until ex.
pressly repealed
As to the meaning and effect. Of
this provision of the act Of 1908, there
is no longer any question, for Con-
|gress itself by attempting to repeal
the proviso in Article, s of the treaty
has placed an Interpretation upon it
in full accord with the opinion already
published in the United States Tobac-
CO Journal. which in substance is as
follows: That as long as the treaty
is in force and this act Of December
II. 1903, remains unchanged the re-
|duetion of duty. on Cuban sugar can
not be greater than 90 per cent below
the rates of the tariff law of 1897.
Therefore on March /, 1914, when
the new rates on sugar go into eff
feet, Cuban sugar will actually have
to pay rate of duty per cent high
err than the duty levied upon sugars
imported from all other countries.
This condition Of affairs will result
in the abrogation of the Cuban reci-.
procity treaty by Cuba, unless Con-
gress in the meanwhile passes RENEE
dial legislation. As the abrogation Of
the Cuban treaty means the loss Of
the 90 per cent preferential duty now
paid on Cuban tobacco you can see
how vitality interested the tobacco
trade as well as the domestic produc-
ers of sugar are in this question.
Before going into the question Of
remedial legislation it will be well to
consider just what Congress, when it
attempted to abrogate the proviso in
Article s of the treaty actually did.
In the first place Congress expressly.
states (Section ABB that nothing in
this act contained shall be so con-
strued as to abrogate the treaty OF
commercial reciprocity concluded
between the United States and the
Republic OF Cuba. therefore that LAM.
guage of Section B which says Sex
cept as to the provisions of proyiso-.
of Article of said treaty, which pro-
.viso is hereby abrogated and re-
pealedp must be construed as an
amendment of the treaty, If all por-
tons of Section 4 are to be given the
full force of law. ~ 3
This view is upheld by the decis-
ion Of the supreme court above ref
erred to (U. s. 202, p 563l which
says, 9" 1t is the meaning of Con-
gress not the meaning of the Conyen-
tfon /. we are to ascertain. s 1t was
open to Cuba to reject the legisla-
ton" 80
Again the court says:
THE treaty was a reciprocal ar
rangement and intended to go into
effect coineidently in the United
States and Cuba. - This coinci-
dent operation is the very essence
of the convention"
Speaking of the power of congress
over this subject the court says: 4
1T was certainly competent for
Congress with the consent of Cuba)
to have given the treaty RETROSPECT
tive, immediate, or prospective oper-
alton" -. .s.H -s&ss
1t is therefore to be. seen that be-
fore this change in the Cuban treaty
can take effect it will be necessary to
nave the proposed change in the
treaty accepted by the Cuban gov
eminent. >.
But the supreme court in this case
goes even farther and lays down the
necessary steps to, be taken before
such a change can be given the
force of law.
\ Briefly outlined, these steps are as
follows: The acceptance of the
change. by the Cuban government
Then appropriate legislation by the
United States Congress and the
Congress of Cuba to carry out this
change and then this to be followed
by proclamations issued simultane-
onsly by the presidents Of the United
States and Cuba. Ten days after
this is done, the proposed change
goes into effect.
1t will not do to say that because
this particular amendment is a,
concession to Cuba and beneficial to
her alone therefore no action by her
is necessary.
The supreme court in this same de-
cision settles this point.
THE treaty, it may be admitted,
was intended as a beneficial conces-
sion to Cuba. But the conditions in
the United States were also to be
considered. 1t is true that the
act of December II Q903) deals en-
tirely with importations from Cuba,
but it is those which would have the