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Show DECIDES THAT TREATIES ARE Federal Judge in New York Interprets Tariff Law in Favor of Ships Flying Flag of the U: S. DISCOUNT OF FIVE PER CENT ALLOWED Importers Will Carry Case to the Supreme Court; President Presi-dent May Urge Repeal of the Subsection. NEW YORK, March G. A 5 per cent discount on all imports carried by ships of Amorican registry, as provided for in tho now tariff law, was granted to-da3r to-da3r by tho board of United States general gen-eral appraisers in an opinion given by Judgo B. S. Waite. The board held, that the favoring of American shipping was tho plain intent of congress in framing the statute, and that the allowance to American shipping did not impair tho treaties with foreign countries. The act allows a discount of 5 per cent' in duties on all merchandise imported, in vessels of American registry, reg-istry, provided that the granting of this j decision does not involve violation of any treaty. Tho decision, if it is -upheld by the higher courts, to which an appeal will bo taken, will affect four ships of the American line from Southampton to New York, two ships of tho Red Star lino and all coastwise vessels, which by law arc all of American registration. Claim of Board. The board further states that this is not a statute extending favor to any particular country, but rather an 'offer to all importers of all nations to make use of tho reduction allowed, to American Ameri-can shipping. Tho treaties involved, readi tho opinion, being in effect with Austria Hungary, Great Britain, Holland, Hol-land, Germany and' other powers, wore not self-executing and the question of their application was a political one uot within the jurisdiction of the courts. The contest over tho provision of the statute was begun about November, whou Attorney Gen oral McRcynolds informed in-formed port authorities that tho discount dis-count which was provisionally granted by the statute could not be allowed to American vessels without a violation of existing treaties between the United States and other powers. He therefore declared it inoperative aud instructed port collectors to make no allowance for ships of American registry. Several foreign governments had protested against the enforcement of tho provision. provi-sion. Protest of Importers. Attorney General Mclieynolds:s action was followed, by a protest from the importers, im-porters, which was filed with the board of general appraisers, who havo been considering tho case since last December. Decem-ber. Tho decision caused considerable commotion com-motion among tnc importers of Now York. "An Immediate appeal will be taken to tho United States court of customs appeals ap-peals In Washington," said a member of a law lirm who uro attorneys for several large importers in this city. "Our clients, cli-ents, who brought this action, aftor the opinion was expressed by tho attorney general last November, will not be satis-fled satis-fled until the case bus been appealed to tho United States supreme court, If necessary nec-essary " May Ask Repeal. WASHINGTON. March fi. If the courts finally sustain the ruling of tho board of xunoral appraisers that the 5 per cent discount must he granted Imports Im-ports in American ships under tho new tariff law, tho administration, in all probability, will undertake to have con-groBS con-groBS repeal the subsection of the law granting tho discount Several nations protested against the provision, and It was understood soon aftor the act went Into effect that repeal would bo sought. Opposition was expressed, however, by Representative Underwood. majority leader In the house, and other prominent figures at the capltol. and talk of repeal was dropped pending a decision by the courts. Attorney General McRcynolds advised tho treasury department on November 0 that the discount subsection was nullified bv the provision that "nothing in this subsection shall be so construed as to abrogate or in any manner Impair or affect af-fect the provisions of any treaty concluded conclud-ed between tho United States and any foreign nation." Thon Secretary MtvAdoo directed collectors of customs to dlnre-gard dlnre-gard tho subsection, eliminating tho Question Ques-tion from consideration as far as Washington Wash-ington was concerned until there is a final decision in tho courts, |
