The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1915-05-07
NOBODY CAN INTERPRET
LAW ENACTED BY
THE DEMOCRATS

One of the classic plumbers of the
present administration is now before
the Court of Customs Appeals, and
a decision 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 vessles. Thus far that
clause has failed in its purpose, just
as the tariff measure of which it is a
part failed to provide adequate re-
venue.
Enacted October Is, 1918, 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 ill been
presented to the Secretary of the
Ilessury for administration than
doubt arose in his mind as to the val
idny of the five Per cent discount pro-
vision. He appealed for advice to
Attorney General McReyn olds, who
is now on the Supreme Corrt bench.
The provision was rrono, need in
operative
"The FIVE per cent discount to Amer
lean vessels cannot be given" is the
language of the Attorney General
quoted by the secretary, without i'm
pairing the stipulations of existing
treaties between the United States
and various other powers, and con-
sequently the subsection is inopera-
tive"
Acting on this opinion the Secre-
tary of the Treasury issued an order
to customs collectors, instructing
them to make no allowance of dis
count on duties under this provision.
Importers who had relied on the
law appealed to the Board OF General
Appraisers. Their ruling resulted in
further confusion, and neither side
being satisfied, tire 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 own Attor,
ney General as to the possibility oil
enacting it into law. They had q
vague idea OF what they wanted
adopted a vague method of trying tc
secure it, and by carless guess WORK
threw the whole matter into tht
courts.
Furthermore, even if the principle
of discrimination had not been Ques
toned by the Attorney General tn,
provision was so clumsi1y drafted
that three different Interpretation!
have been placed upon it, Counse
for the importers claimed one inter
probation, government attorneys
claimed another, and the Board o
General Appraisers furnished thirC
different from all
During the debate in Congress oil
this provision. Republican member
repeatedly warned the Democrat
that, quite apart from its policy. it
phraseology was meaningless AM
should be corrected to become effec
tive.
1t was so much breath wasted. TIL
r majority stubbornly refused to accep
= either caution, suggestion or amend
ment. The result has been that thi
very important clause has thus ia
proven mere useless verbiage, excep
, to cause litigation and expense to a
, concerned. About the only purpos
it has served is to emphasize the fac
: that the inefficient methods of Demo
. cratic legislators have made it impo:
. sible for them to put even their ow
ideas into effect.
: The old-time slave knew that h
y was a slave The slave of toda