The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-05-01
GLAZING DEMOCRATIC
BLUNDER

BLUNDER
One of the classic blunders of the
present administration is now before
Court of Customs Appeals, and a de
eision is looked for at an early date.
The court is expected to interpret
the meaning of the provision in the
Underwood Tariff bill proposing to
give a five per cent discount in Gus
toms duties on merchandise imported
in American vessels. Thus far h
clause has failed of its purpose, just
as the tariff measure of which it IS a
part failed to provide adequate rev
enue.
Enacted October 10, 1913, it failed
on its first test, and that test applied
too. by the then Attorney General less
than 80 days after the bill was signed.
No sooner had the tariff bill been
presented to the Secretary of the
Treasury for administration than a
doubt arose in his mind as to the val
iditv Of the FIVE per cent discount pro-
vision. He appealed for advice to
Attorney General McReynolds, who
is now on the Supreme Court bench.
The provision was pronounced inoper-
alive.
ssThe five per cent discount 20
American vessels cannot be given >
is the language of the Attorney Gen
eral quoted by the Secretary, "without
impairing the stipulations of existing
treaties between the United States and
various other powers, and consequent
" the subsection is imperative"
Acting on this opinion the Secretary
of the Treasury issued an order to
customs collectors, instructing them to
make no allowance of discount on du-
ties under this provision
Importers who had relied ON the law
appealed to the Board Of General APP
p~raisers Their ruling resulted in fur
Their confusion, and neither side being
satisfied, the case was taken to the
Court of Customs Appeals, more than
a year after the law had passed
The Democratic Committee report
on the five per cent provision defined
it as "a discrimination in favor of
American shipping, designed to build
up our merchant marine and keep at
home millions of dollars now being
paid to foreign vessels to carry our
products to foreign markets
Yet, although they fully realized the
tremendous Importance Of this measure
which they said involved millions of
dollars, they lacked the foresight to
consult their W Encouragement as
to the possibility of enacting it into
law.
They had a vague idea of what they
wanted, adopted a vague method of
trying to secure it, and by careless
guess work threw the whole matter
into the courts.
Furthermore, even if the principle
of discrimination had not been ques-
toned by the attorney general, the pro
vision was so clumsily drafted that
three different interpretations have
been placed upon it. Counsel for the
importers claimed one Interpretation,
government attorneys claimed another,
and the board of general appraisers
furnish a third different from all.
During the debate in Congress on
this provision, Republican members re
peatedly warned the Democrats that,
quite apart from its policy, its phrase
ology was meaningless and should De
corrected to become effective.
1t was so much breath wasted. The
majority stubbcrnly refused to accept
either caution, suggestion or amend
ment. The result has been that this
very important clause has thus far
proven mere useless verbiage, except
to cause litigation and expense to all
concerned. About the only purpose it
has served is to emphasize the fact
that the inefficient methods of Demo
cratic Legislators nave made it impos
sible for them to put even their own
ideas into effect.