New-York tribune., 1921-04-18
Tariff Act Nav
Revive Issue of
Discrimination
Duties to Aid u. S. Merchant
Marine Can Be Provided
by Changing PhraseoIogy
of fUnderwoodBill of 1913
Frelinghuysen Has Plan
New Jersey Senator Would
Have Congress Legislate
for Treaty Abrogation

While no steps towards the applica-
ton Of discriminatory duties in favor
If American shipping as an aid to the
merchant marine situation have been
taken at this session of Congress and
no new legislation on the subject has
been announced, the matter must come
no in connection with the drafting of
new tariff act, shipping men say.
Former President Wilson's refusal
TO carry out the provisions of the
Jones bill requiring him to serve no
tce upon treaty nations of the inten-
ton Of the United States to terminate
restrictions on discrimination has not
been followed up by any action to
carry out the purposes of the act in
this respect. The ninety-day period
set by the act for the President to give
notice expired last September.
Frelinghuysen for Action
Senator J. S. Frelinghuvsen, of New
Jersey, in an address delivered re-
Gently before the League for Political
Education, pointed out that the Su-
preme Court has held that law passed
by Congress will automatically abro-
gate treaty, if it is in conflict with
the treaty terms. The Senator declared
that Congress should enact such a law
and that this would put the American
merchant marine on profitable and
tertan basis for the future.
n j
Tor in the Underwood Tariff Act of
1918, but the proviso is made that thev
shall not be effective if in conflict with
commercial treaties with foreign ma
tons. Ii President Wilson had COM
piled with the Jones act and served
notice OF the intention of the United
States to terminate it's treaty agree
nents IN this respect, the provision
Of the Underwood act would have auto
matleally come into effect at the ex-
plration of the period of notice pro
uded TOR, in some cases running to a
gear: Senator Frelinghuysen's sug-
sestlon, however, provides for a short
cut to the enforcement of dis
elimination.
Shipping men point out, however.
that an equally short cut can be So
cured by simply amending the phrase
elogy Of some of the sections of the
Underwood act.
Discrimination Provided
Ssctlon~ ID subsection l provides
that "a discriminating duty of 10 per
tsnfum ad valorem, in addition to the
duties imposed by law, shall be levied.
collected and paid on all goods, wares
or Merchandise which shall be import
an nyessels not of the United States,
orwhlch being the production or manu-
iatture Of any foreign country not con-
tiguous to the United States" The sub
section then provides for exemption
rom these provisions in cases where
existing treaty provisions act as a bar
BY omitting these latter clauses. it is
pointed out, the 10 per cent discrim-
aatng duty will become effective with
tae enactment Of the tariff bill.
In J ubsection 7 of the Underwood
scs it is provided that discount of 5
per centum on all duties imposed by
this act shall be allowed on such goods,
wares and merchandise as shall be i'm
ported in vessels admitted to resistra-
Ton under the laws of the United
States" except where treaty provisions
prevent. Omission of this section, as in
ne previous case, would make dis
cflmlnatlon in favor of the American
registered ship effective.