and after the date named in such proclamation for it to take effect, if the master, officer, or agent of any vessel of such foreign country excluded by said proclamation from the exercise of any commercial privileges shall do any act prohibited by said proclamation in the ports, harbors, or waters of the United States for or on account of such vessel, such vessel, and its rigging, tackle, furniture, and boats, and all the goods on board, shall be liable to seizure and to forfeiture to the United States; and any person opposing any officer of the United States in the enforcement of this act, or aiding and abetting any other person in such opposition, shall forfeit eight hundred dollars, and shall be guilty of a misdemeanor, and, upon conviction, shall be liable to imprisonment for a term not exceeding two years. [24 Stat. L. 82.]

This is from the Act of June 19, 1886, ch. 421, "to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes."

An Act To authorize the President of the United States to protect and defend the rights of American fishing vessels, American fishermen, American trading and other vessels, in certain cases, and for other purposes.

[Act of March 3, 1887, ch. 339, 24 Stat. L. 475.]

[United States fishing vessels denied rights in British North America -Retaliation.] That whenever the President of the United States shall be satisfied that American fishing vessels or American fishermen, visiting or being in the waters or at any ports or places of the British dominions of North America, are or then lately have been denied or abridged in the enjoyment of any rights secured to them by treaty or law, or are or then lately have [been] unjustly vexed or harassed in the enjoyment of such rights, or subjected to unreasonable restrictions, regulations, or requirements in respect of such rights; or otherwise unjustly vexed or harassed in said waters, ports or places; or whenever the President of the United States shall be satisfied that any such fishing vessels or fishermen, having a permit under the laws of the United States to touch and trade at any port or ports, place or places, in the British dominions of North America, are or then lately have been denied the privilege of entering such port or ports, place or places in the same manner and under the same regulations as may exist therein applicable to trading vessels of the most favored nation, or shall be unjustly vexed or harassed, in respect thereof, or otherwise be unjustly vexed or harassed therein, or shall be prevented from purchasing such supplies as may there be lawfully sold to trading vessels of the most favored nation; or whenever the President of the United States shall be satisfied that any other vessels of the United States, their masters or crews, so arriving at or being in such British waters or ports or places of the British dominions of North America, are or then lately have been denied any of the privileges therein accorded to the vessels, their masters or crews, of the most favored nation, or unjustly vexed or harassed in

respect of the same, or unjustly vexed or harassed therein by the authorities thereof, then, and in either or all of such cases,

It shall be lawful, and it shall be the duty of the President of the United States, in his discretion, by proclamation to that effect, to deny vessels, their masters and crews, of the British dominions of North America, any entrance into the waters, ports, or places of, or within the United States (with such exceptions in regard to vessels in distress, stress of weather, or needing supplies as to the President shall seem proper), whether such vessels shall have come directly from said dominions on such destined voyage or by way of some port or place in such destined voyage elsewhere; and also, to deny entry into any port or place of the United States of fresh fish or salt fish or any other product of said dominions, or other goods coming from said dominions to the United States.

The President may, in his discretion, apply such proclamation to any part or to all of the foregoing-named subjects, and may revoke, qualify, limit, and renew such proclamation from time to time as he may deem necessary to the full and just execution of the purposes of this act.

Every violation of any such proclamation, or any part thereof, is hereby declared illegal, and all vessels and goods so coming or being within the waters, ports, or places of the United States contrary to such proclamation shall be forfeited to the United States; and such forfeiture shall be enforced and proceeded upon in the same manner and with the same effect as in the case of vessels or goods whose importation or coming to or being in the waters or ports of the United States contrary to law may now be enforced and proceeded upon.

Every person who shall violate any of the provisions of this act, or such proclamation of the President made in pursuance hereof, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment for a term not exceeding two years, or by both said punishments, in the discretion of the court. [24 Stat. L. 475.]

SEC. 5. [Discrimination by foreign countries against United States products retaliation by President.] That whenever the President shall be satisfied that unjust discriminations are made by or under the authority of any foreign state against the importation to or sale in such foreign state of any product of the United States, he may direct that such products of such foreign state so discriminating against any product of the United States as he may deem proper shall be excluded from importation to the United States; and in such case he shall make proclamation of his direction in the premises, and therein name the time when such direction against importation shall take effect, and after such date the importation of the articles named in such proclamation shall be unlawful. The President may at any time revoke, modify, terminate, or renew any such direction as. in his opinion, the public interest may require. [26 Stat. L. 415.]

This is from the Act of Aug. 30, 1890, ch. 839. For other sections of this Act see the titles ANIMALS, vol. 1, p. 371; IMPORTS AND EXPORTS.

An Act To enforce reciprocal commercial relations between the United States and Canada, and for other purposes.

[Act of July 26, 1892, ch. 248, 27 Stat. L. 267.]

[SEC. 1.] [Passage of vessels through St. Marys Falls Canal - tolls.] That, with a view of securing reciprocal advantages for the citizens, ports, and vessels of the United States, on and after the first day of August, eighteen hundred and ninety-two, whenever and so often as the President shall be satisfied that the passage through any canal or lock connected with the navigation of the Saint Lawrence River, the Great Lakes, or the water ways connecting the same, of any vessels of the United States, or of cargoes or passengers in transit to any port of the United States, is prohibited or is made difficult or burdensome by the imposition of tolls or otherwise which, in view of the free passage through the Saint Marys Falls Canal, now permitted to vessels of all nations, he shall deem to be reciprocally unjust and unreasonable, he shall have the power, and it shall be his duty, to suspend by proclamation to that effect, for such time and to such extent (including absolute prohibition) as he shall deem just, the right of free passage through the Saint Marys Falls Canal, so far as it relates to vessels. owned by the subjects of the government so discriminating against the citizens, ports, or vessels of the United States, or to any cargoes, portions of cargoes, or passengers in transit to the ports of the government making such discrimination, whether carried in vessels of the United States or of other nations. In such case and during such suspension tolls shall be levied, collected, and paid as follows, to wit: Upon freight of whatever kind or description, not to exceed two dollars per ton; upon passengers, not to exceed five dollars each, as shall be from time to time determined by the President: Provided, That no tolls shall be charged or collected upon freight or passengers carried to and landed at Ogdensburg, or any port west of Ogdensburg, and south of a line drawn from the northern boundary of the State of New York through the Saint Lawrence River, the Great Lakes, and their connecting channels to the northern boundary of the State of Minnesota. [27 Stat. L. 267.]

"By proclamation of August 18, 1892 (27 Stat. L. 1032), the President, under the authority of the above Act, and because of discrimination against citizens of the United States in the use of the Welland Canal, enforced a toll of 20 cents per ton on all freight passing through the St. Marys Falls Canal in transit to any part of the Dominion of Canada. This was suspended by proclamation of February 21, 1893 (27 Stat. L. 1065), upon satisfactory assurances that equality with British subjects had been secured to citizens of the United States in regard to the use of the Welland Canal." Compilers' note, 2 Supp. R. S. 47.

SEC. 2. [Collection of tolls.] All tolls so charged shall be collected under such regulations as shall be prescribed by the Secretary of the Treasury, who may require the master of each vessel to furnish a sworn statement of the amount and kind of cargo and the number of passengers carried and the destination of the same, and such proof of the actual delivery of such cargo or passengers at some port or place within the limits above named as he shall deem satisfactory; and until such proof is furnished such freight and passengers may be considered to have been landed at some port er place outside of those imits, and the amount of tolls which would have accrued if they had been so delivered shall constitute a lien, which may be

enforced against the vessel in default wherever and whenever found in the waters of the United States. [27 Stat. L. 268.]

E. [Countervailing duty on imports receiving export bounty.] That whenever any country, dependency, colony, province, or other political subdivision of government shall pay or bestow, directly or indirectly, any bounty or grant upon the exportation of any article or merchandise from such country, dependency, colony, province, or other political subdivision of government, and such article or merchandise is dutiable under the provisions of this Act, then upon the importation of any such article or merchandise into the United States, whether the same shall be imported directly from the country of production or otherwise, and whether such article or merchandise is imported in the same condition as when exported from the country of production or has been changed in condition by remanufacture or otherwise, there shall be levied and paid, in all such cases, in addition to the duties otherwise imposed by this Act, an additional duty equal to the net amount of such bounty or grant, however the same be paid or bestowed. The net amount of all such bounties or grants shall be from time to time ascertained, determined, and declared by the Secretary of the Treasury, who shall make all needful regulations for the identification of such articles and merchandise and for the assessment and collection of such additional duties. [38 Stat. L. 193.]

This and the following text paragraph are from the Underwood Tariff Act of Oct. 3, 1913, ch. 16, § IV. Provisions similar to these have appeared in former Tariff Acts. See R. S. sec. 2502 and the notes thereto, supra, p. 75.

Certificate entitled to lower classification in excise rating.-"We find that the Russian exporter of sugar obtains from his government a certificate, solely because of such exportation, which is worth in the open markets of that country from 1 ruble and 25 kopecks to 1 ruble and 64 kopecks per pood, or from 1.8 to 2.35 cents per pound. Therefore, we hold that the government of Russia does secure to the exporter of that country, as the inevitable result of its action, a money reward or gratuity whenever he exports sugar from Russia, and we think it was from such indirect grants as this that the Congress of the United States intended to protect the manufacturers of this country, by authorizing the Secretary of the Treasury to make all proper regulations for the assessment and collection of such additional duties as were imposed by the collector on the sugars imported by the appellant." Downs v. U. S., (C. C. A. 1902) 113 Fed. 144, 51 C. C. A. 100, affirmed (1903) 187 U. S. 496, 23 S. Ct. 222, 47 U. S. (L. ed.) 275.

Exemptions from excise tax.- The Dutch law imposes on sugar, whether produced in or imported into Holland, an excise tax, and pays a bounty for the production of raw sugar, and a further 3 F. S. A.- 4

bounty for the production of refined sugar therefrom. It is further provided that sugar withdrawn for exportation to a foreign country, and actually exported, shall be exempt from the excise tax. While the bounty is primarily a bounty on production, the other provisions of the law have the practical effect of making it, from the standpoint of the other country, a bounty on exportation. U. S. v. Hills Bros. Co., (C. Č. A. 1901) 107 Fed. 107, 46 C. C. A. 167.

Additional duty on quantity entered only. The " additional" duty imposed on articles or merchandise imported into the United States and upon which an export bounty has been paid by the country of production, and which it is provided shall be 66 equal to the net amount of such bounty," is leviable only upon the article or merchandise which enters the United States, and in case of merchandise dutiable by weight and as to which the bounty as declared by the Secretary of the Treasury is also by weight, such as sugar, where the quantity entered at the custom house as shown by the official weigher is less than that shown by the foreign invoice, the "additional" duty, like the regular duty, is assessable only on the quantity so entered, and the cause of the

loss or shrinkage is immaterial. The mere diminution in the quantity of units of weight or measure of a commodity usually measured by such units is not such a change of condition "by remanufacture or otherwise," within the meaning of such section, as to authorize a resort to other than the usual means for ascertaining the amount of the additional duty. Franklin Sugar Refining Co. v. U. S., (1906) 142 Fed. 376, 73 C. C. A. 476, reversing (1905) 137 Fed. 655.

Conclusiveness of Treasury determination. It was undoubtedly the intention of Congress that the findings of the secretary as to the amount of bounties paid

by the foreign countries and collectable upon importation of merchandise as a countervailing duty should be final so far as any revision or examination by the courts is concerned. Franklin Sugar Refining Co. v. U. S., (E. D. Pa. 1910) 178 Fed. 743.

Where an assistant secretary of the treasury has issued a declaration, it will be presumed, in the absence of evidence to the contrary, that he was performing a duty in accordance with law, and that the declaration was properly issued. Franklin Sugar Refining Co. v. U. S., (E. D. Pa. 1910) 178 Fed. 743.

J. Subsection 1. [Discriminating duty on imports in foreign vessels, etc.] That a discriminating duty of 10 per centum 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 imported in vessels not of the United States, or which being the production or manufacture of any foreign country not contiguous to the United States, shall come into the United States from such contiguous country; but this discriminating duty shall not apply to goods, wares, or merchandise which shall be imported in vessels not of the United States entitled at the time of such importation by treaty or convention or Act of Congress to be entered in the ports of the United States on payment of the same duties as shall then be payable on goods, wares, and merchandise imported in vessels of the United States, nor to such foreign products or manufactures as shall be imported from such contiguous countries in the usual course of strictly retail trade. [38 Stat. L. 195.]

See the notes to the preceding paragraph of the text.

66

By an Act of March 4, 1915, ch. 171, § 1, 38 Stat. L. 1193, there was repealed so much of the foregoing subsection as imposes a discriminating duty of ten per centum ad valorem on all goods, wares, or merchandise imported in a vessel owned by citizens of the United States but not a vessel of the United States; . . . Any such . . . discriminating duties collected since the passage of the Act of August eighteenth, nineteen hundred and fourteen, shall be refunded, and any such forfeitures incurred are hereby remitted: Provided, however, That the provisions of this Act shall apply only in case that any vessel of the character above described after entering an American port shall, before leaving the same, be registered as a vessel of the United States."

Section 2 of said repealing Act provided that it should take effect immediately. The part of the repealing section omitted repealed a part of section IV J, subsection 2 of the Act of Oct. 3, 1913, ch. 16, given under the title IMPORTS AND EXPORTS.

DISCRIMINATION

As to Civil Rights, see CIVIL RIGHTS

By Carriers, see INTERSTATE COMMERCE

As to Employees, see LABOR

In Pilotage Fees, see PILOTAGE

Against Persons Wearing Uniform of United States, see UNIFORMS