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THJ3 JIOKHIEGr TIMES, WEDGES DAT, SEPTEMBER 22, 1897.
HIT? 00ES NOT APPLY
A Decision Against Section 22
of the Tariff Law.
IN 'PAY8k0P the importers
Attorney General Melvenim Hender.s
,111; Long; Expected Gj.hiinn on tin
3)lcrimlaittiiig Clause Goods in
Tratihlt Through American T;r
r ltoij- JlfcCupe 10 Per 'Cent 'Tux.
The long lowfced for opinion of the Attor
ney General was glYen to tlie public
yesterdu y .
It, has been under consideration for many
dajs ami lias tieoti SMtmttued to the Ticfci
don; thieearftwr Untie. Itwas not finally
deuMed to Ji-ake it public tintfl after the
concluded aftci lie recent reconstructiou
until a late hour yesterday morning.
The law ot fleet of the Government hold
that the diacHo.iuuUng duty provided for
In the 2S4 section of tlie new tariff law
does nt apply to goods coming into tlie
United Sutler through Canada, lie cites
various deciHous in support of nib contcn
tenUon and leaves the situation just as it
Mood bofou this claun; was. put into the
law, o far, at least, as it relates to goods
brought ir. by the Canadian Pacific road.
Tltte opinion was not readied until after
several hearings had been held and much
time denned to a consideration of the
law and the decisions of the Supreme .
Court. The opinion will he (satisfactory
to the Nw England roads which connect
witti the Canadian Pacific aud dhappoint
ing to the transcontinental lines that hoped
through an adverns decision to f-ecure the
long haul of the goods from Asiatic ports.
It it was a contest between the railroads,
as Iku. been asserted in some quarter?:,
tho3 roads that have been hitherto bene
fited wKl continue to derive that benefit.
Of corrfce.it It. not expected that every
body will be satisfied with the opinion.
Mr Elkiits and those witli him who be
lieve in a discriminating duty are of the
opinion mat the Attorney General bar,
not oorrectlv cunstrued the law, and it is
contended that inasmuch as it is a qites
ticMi about -w inch there i s a btrotig doubt it
MKHrid luw Ihm decided in Mich a wu;
that Htt appeal oould have been taken to
the courts Being, as it is, in fuvor of
the1norws,tltere will be no appeal taken
by Uteot, and it is Improbable that the
GtfverntttMtt will disagree with its legal
adviser and carry tne question into the
The CaMuct is satisfied with tit: opinion
'or. 1t was bmtad at the mating yev
terday, and had there been any material
dlscat tlie opinion would cither have not
been ruulgaied so promptly thereafter
or wotrtd probably have been modified Jn
Tie firti tew of Attorney General Mc
Kcaiw'e pinwu is at. foltou-f:
The Secretary of the Treasury:
Sir I have the honor to aoknowledge
the reoetK. of yoar oumttaiKiicauoti of
Avgttet lit. it I, not neceswary to quota
alt of It. Yon say:
"Oa the th iuetant I had the honor to
cmimM for your ctaurtderaxtou a ouy of
a letter received by m? from tHe Tr eaHtryV
epecial absent at Ogdetttfbtur.X. Y., wbtcta
Involved Uie qoneUoH whether, taxter ec
ttott 22 of UHf ih?w tariff act. a Hi
aimnMAmip doty of 1 0 per oral snouM be
a mam? opon ornate diamond or ought
imoUmi fjatteti States frwu the cuaUgvuM
tcrrtoory of Caawda.
"tifciee the rtatr of my tetwr aJw re
rofrad to. I bare recetwd from tb ool
toator of caatumr. ( Ctatcn.70 a rql for
latractiettfl as to Uie utmvtmttwmi of dia
crtiMtaalliijc tfoty, wader Um afanvt- pro
ri4oa of tew, apou oenaia K"o4. which
oaiai' from Jiui, vte VC(hivvt, it. C,
ua4 tbfuor prrr railroad tbrouali Canada to
ClUcapo Ttoear gouo arrivrti in CMcao
la ears, anafe at Vaacuavrr, B C, by a
UaHija talrc ooaiMlar of flew, noder
riryatkm, of toe depart meal, which are
lMMd avail Ibe trrat y of WaaMngtua . and
Voa imimre tiaU toece goods be auu
jooted fat a lateoal discriiniaaUng doty of
10 per eat?
A aaawer to yoar Inqairydettondsuixiu
tne InterpreUKiioa of . eectfciu ZZ of tlie
lMngtey tariff UH1 and its of foct oir sec
tiaa 422 S of the ReviMsl Statutes-
Seottoa 22 is an folhtws:
"Tnat a Hcritit(uatlng daty of 10 per
centum im! valorem, in addition to the
dirties liuiofed by law, shall be levied,
collected, and paid on all goods, wares or
merchandise wWch shall be imported In
vessels not of the United States (or which,
being tlie production or manufacture of
any foreign country not contiguous to the
United States, shall come into the.Unlteii
States from such contiguous country); but
this discriminating duty bliall not apply
to goods, wares or merchandise which
shall be imported In vessels not of the
United States, entitled at the time of
sechiiHortaUon by treaty or convention t
be entered in the ports of the United
States on payment of the same duties as
snarl then be payable on goods, wares and
merchandise Imported In vessels of the
United States (nor to such foreign prod
ucts or manufactures as shall be Imported
from such contiguous countries in the
usual course of strictly retail tradel.'
The matter in parenthesis is mine and
indicates the affirmative changes made in
Three plausible contentions are based
upon this seoUou, which as to strength
only differ In degree.
1. That the duty is a discrimination upon
importations In vessels not of the United
States, whether directly to the United
States or to a contiguous country and
thence to the United States.
2. A discrimination against importa
tions of goods-not in the ubual course of
strictly retail trade - from a contiguous coun
try, they not being the products thereof . In
this the character of the vessel is not Im
portant. 8. A discrimination against goods be
ing tlie productions of a foreign country
not contiguous to the United States, which
shall come into the United States from a
In this contention the words "come into
the United States' are used as designating
Under the firet and second contentions
tlie daty would not be imposed. Under the
third it would le. I hence select it as
a basis for consideration.
To support it it Is said that the section
lmpobes the duty in two cases, (a! when the
goods are imported In vessels not of the
United States, and to the United State:;
(b) when they are the production of a
country not contiguous and come Into the
United States from a contiguous country,
the character of the vessel in which they
were transported to the contiguous country
The urt-t ca,e we are not now con
cerned with, and the second is attempted
to be established by the following reason
ing: The goods which arc the subject of
inquiry are Chinese or Japanese prodBO
tiou, bonce the production of a foreign
country "not contiguous to the United
States." They oume into the United States
from Canada, a contiguous country, and
so it is urged that by the letter as well
as by the spirit of the statute they are
subject to the duty.
It is conceded that the Importation is to
the UnitcdjBtates -passage through Canada
being more movement only toward destina
tionthe latter being the United States.
This being so, it would seem that there was
ho reason to distinguish between that im
portation and what may he called in dis
tinction a direct one -why one should be
burdened and th?oMier not burdened when
the discrimination was not necessary to the
main purposeof. the law.
It is said that tne purpose of the amend
ment was to relievo the American trans
continental railroads against the competi
tion of the Canadian Pacific Railroad.
It may te admitted that this Is a strong
consideration, but, on the other hand,
it it urged that this competition is
a ixjncflt, and other American railroads
claim that the Canadian raciric Is a direct
advantage to them.
How Congiess regarded this conflict wo
have no ntatihoC knowing. There wascer
talnly no avowal, and' the only expressions
of memberf which we have indicate a dif
ferent purpose than one which might or
mlgtnnnt have been entertained, and whirl),
If li. had been euteruUned, it would win tlie
natural thing to have explicitly declared.
As there was no reason why the importa
tions -direct or indirect should be dis
criminated by different duties, 1 am not
disposed to think that it was Intended- To
o hold Would be to put a new purpose
in the law -destroying Its unity which
is not compelled by its lauguage or any
mischief wuicu we may say was in the
contemplation of the lawmakers to be
"me section therefore regards, as the
law whlcu preceded it required, the trans
poratiun or goods by sea. ltd purpose was
to secure this u ves3elsof tne United States
by discriminating against transportation
not in them primarily tj the United States;
secondarily, and to prevent evasion, to a
contiguous rountryt-Cnnnda or Mexico.
The necessity of it to the effectiveness of
thelawisobxioub. Mere dirtaniu from the
port ot aucouver u ah .Atneucan custom
house was as accidental to an importation
that way as mere distauce from the port
ot San l'rancisco to a Tscw York custom
house was to an importation that way.
The essential fact to be regarded was that
Vancouver was not in the United States,
and that Canada was a contiguous coun
try. "Hint could tie a means 01 uabiun. It
v.'ould have been useless 10 have imposed
a discriminating duty on goods brought to
San Francl&co m foreign eS"Is and leave
them free to go to Vancouver in foreign
vessels and thence across the Intervening
land to the United States.
U'uuamenduuutof. ineiavv whlchlsmade
by -ectloii -Z, therefore, continues its ob
ject while it strengthens and better secures
it. It does this in two ways, If I may re
peat, by taking away the means of its
evasion through the contiguity of Canada
and Mexico and by rejea!ing the statutory
exemptions from the 10 percentduty. The
special efrect of this repeal 1 will consider
I lave considered your inquiry so far as
if the section only regarded mere trans
portation through Canada. We sliall see
hereafter that it has a broader scope.
Iu the second contention the words
"come Into the United Stales" are uted aS
synonymous to imported. 'Ihc language
"being the production 01 manufacture of
any foielgn country not contiguous to the
United Suites" is urged only a descriptive
of the goods to which the duty applies.
The goods themselves, it is contended,
must take their departure from the con
tiguous country in the strict sense of Im
portation as distinguished from coming
through it us au importation from some
other country. I uo not consider It neces
sary to uelail the reasoning advanced to
support this view. I have already ghen
my interpretation ot the words "come
inio" and that of the provision 111 which
they are contained, aim it would ktvc no
purpose to make a circumstantial dissent
rrom any other.
I may say, however, that this view is
given plausibility ty by the exception that
the duty shall 'mot apply to sucu foreign
products or manufactures as shall be im
ported from such contiguous countries in
the usual Course of retail trade." It is
and tliat the words ''imported In the
Course of strictly retail trade" indicate the
rule. They are claimed to be the opposite
of importation in the course of wholesale
trade, and that tlu lettw mul be direct, as
UHe iy retail could be no other way. Hut
this does not follow. Such construction
would ooutiue the rule strictly to the ex
ception, wliereas It may be liromler In
cluding importations strictly, so-called -Uhv
wMcu take their deiwrtute from a
contiguous country, if the other condition
of the rule exl. IT no, the exception las
au adrquat and itfoper office, ilut it id
not even Heeeohary to so ih'n far. "'It Is
a matter of common -xprence that mv
log and exception are often Introduced
from aiwitdabaiexoiHlve caution Ami
it would HrtneiJiu iwrvrrt the MiteaUoa of
tne author of a wrtUac, r every other
tntag of U auue general traor as that
xovptd fbouJd be nvmted a "oibrHCfd
in u general word."- tint npfland on
Statutory Oanatraotton. 8c. 222.
It touowf, umwk-, mat the anawor
to your inoatry. so far a SqUm 22 is
concerned, depend (1 anon the character
of the vecl in widen tne w wen;
carried to Vancouver. (Si If in foreten
vearb. wnrtner tne good ere entitled
bj treaty or convention to h enteral In
the port of tne United State Mpt.it the
payment o tb same duUe as If imported
In American retoteki.
1 atMiu.e tne veateto were not ot the
United 8lat, but OrttUh vraaete, awl tills
brines me to our communication of
AuptMt 17. in which you inquire whether
Section 22 repeals Sections -122S to 4232
of the Merited Statutes, and your com
munication of September 2, asking whether
inanganeae ore, imported from Chile, in
Uie British hark Lurloe, to Philadel
phia, lb uho subject to a dlicrlmiuatliig
A lawinilKslngdiscrimiiiatiiigduties has
been on the statute books lu some form
from the time of the enactment of the
first tariff bill.
In the form (substantially) It maintained
until section 22 was passed It was in
serted in the act of May 22, 1824.
Section 2 of the act was as follows:
Section 2. And be It further enacted,
That an addition of ten per centum shall be
made to the several rates of duties hereby
ImpoK'd upon the several articles afore
said, which, after the said respective
times for the commencement of the duties
hereby Imposed, shall be imported Iu ships
or vescsls not of the United States; Pro
vided, That thlfc addition shall not be ap
plied 10 articlesimported in ships or vessels,
not ot the United States, entitled by treaty
or by any act ot Congress to be admitted
on payment of the same duties that are
paid on like articles imported in ships or
vessels of the United States.'"
This section, with unimportant verbal
changes, became section 14 of tne act o'f
1800 4and section 2502 of the Revised
In section 22 there is a change- There is
omitted from It tlie words "by any act
or Congress." Does this repeal section
4228? It will be observed that there are
no words of express repeal. The effects of
the acts of Congress are avoided, and this
may not be the same as to section 4228
as to section 4229'aud 4230. which grant
exemption directly to Prussian vessels.
However, consideration will be simplified
by a reference to contemporaneous legislation-
On the same day the Uingley bill was
approved an act entitled "An act to au
thorize the President to suspend discrimi
nating duties imposed on foreign ves
sels and commerce was approved. I shall
herearter for convenience call it the suo
pension act. It is as follows:
"That seertoi 4228 of the Revised statutes
is amended by adding to the same the
NOT ALWAYS UNDERSTOOD.
A fact often overlooked, or not always
undertoud,ls thitf -Kiwuen suffer as much
from diwrtssiag kidney and bladder troubles
as the men. Tlie womb Is situated
unci: or and very ctocc to the Madder ,aud
for that reason an distress, disease, or
liKxnv-fitiu- iiiatht-Meu hi the kidue.t,
back. bladder, or urinary pnsmge Is often,
by itrtMnlce, attributed to female weakness
or womb trouble of Mine sort.
The error Is e&sU made und may be as
entity avoided by setting urine aside for
twenty-four hours; a sediment or settling
Is evidence that your kidneys and bladder
need doctoring. U you have pain or dull
acting in the back, pass water too fre
iruenily. or .scanty supply, with smarting
or burning these arc also convincing
proofs ot kidney trouble. If you have,
doctered wittout benefit, try Dr. Kilmer's
Swamp-Root, the great kidney remedy
The mild and the extraordinary erfect will
emprise job. It stands the highest for Its
wonderful cures If you take a medicine
you should take the best. At druggists
fifty cents and one dollar. You may have
a sample bottle and pamphlet, both sent
free by mall. Mention The Morning Times,
and send your address to I)r, Kilmer & Co.,
Dinghanton, N- Y. The proprietors ot
thiB paper guarantee the genuineness of
THE $3 RATE
Doctor McCoy Makes This Extension Because of a False
Report He will Have No Misunderstanding--No Dis
appointment He Will, in His Own Way, Teach the
Lesson that Every Announcement Which He Makes He
Up to the first of September Doctor
McCoy gave all the opportunity or plac
ing themselves under treatment at the
rate of $3 a month. That all who placed
themselves under treatment were to bo
treated, not for one month, but just as
long as they needed treatment, at thin
rate. Doctor McCoy endeavored to make
as plain as he could. This was the
essential thing in the offer, the thing about
It that made it a splendid pfeca of benevolence-that
the $3 rate was given not
for a month, but that it was given to all
UNTIL THEY WERE CURED.
!'ow, as the month following this offer
passes, many of the patients who placed
themselves under treatment during August
ask as a special privilege that to which they
are plainly entitled, i. e., that they he
allowed to renew their treatment for a
second month at the S3 rate It Is from
them that Doctor McCoy learns that the
report that the S3 rate was given only
for one month was circulated.
Now, Doctor McCoy Is not accustomed to
being misunderstood, at least not upon
essential matters. He has tried to make
the lessons he has sought to teach very
plain. He has taught many lessons In
this city, but he finds that he has one
more to teach, and this lesson Is that
he means literally what he says in every
announcement. In order to make this les
son plain, he will continue the offer of
the $3 rate until the 1st of November
All uew putients plncliifr tlieui
wt'lve.s under treatment, and nil old
putleut.s -who renew their treatment
before November 1st, will be treated
UNTIL CUHED ut the rate of 93 u
month. This, uppllcK to nil dlbtuises).
HEARS AGAIN PERFECTLY.
V. U. Cooper, 14U0 X. V. uvr. nv.:
"I had been dear for over two years. My
trouble began with a buzzing noise in mj
left ear. Now l hear perfectly; the noises
In my left ear. have stopped, and I hear
as well as I ever did In my life."
HEARING SUDDENLY RESTORED.
Charles AruiMroiijg, 1037 1-2 llth
st. nw; "My right ear was stone deaf.
With it I could not hear one sound, never
mind bow loud. My left ear was alo quite
dear. After being under treatment some
ume, my hearing returned to me suddenly."
CAN HEAR A WHISPER.
Herthn liny Spott, 713 I st. hw
aged tMrtaan years. Her mother said:
"When liurtha was eighteen month old
she began to lose her hoarhig. Pile grew
deaf gradually, both ears being affected,
awl at one time her hearing became so
bad that I was obliged to take her from
school. Now she can hear a whisper."
following, to wit: 'Provided, that the
President is authorized to suspend In pait
the operation ot sections 1211t and 2G02
so that foreign vessels from :i country im
posing partial dit-crlmlnating tonnage uuties
upon American vessels, or partial discrim
inating import duties upon American
merchandise, may enjoy iu our ports
tlie identical privileges which the same
class of American vessels and merchandise
may enjoy in said foreign country.' "
It will be observed that- it recognizes
the existence of section 422y, and niuend-
it and enlarges the President's power. liy
1228 that could only be exercised when
no discriminating duties were imposed or
laid on American vessels. The amend
ment provides that the power may be
exercised to meet and respond to partial
discriminating duties as well reciprocating
the exact privilege, though less than total
This act is somewhat confused by its ref
erences. It refers to Section 2502 of the
Revised Statutes. That Is the same in
words as Section 14 of the act of 1890
(the Wilson bill), and this Is expressly
repealed by Section 34 of the Dlngley
bill -while Section 2502 is not mentioned,
but its provisions in exact Words are car
ried into Section 22. Ilut notwithstanding
this confusion the act does recognize the
existence of and extends Section 4228,
and it also recognizes Section 2502. What
is the efrect of this? The act and the
Dlngley bill were passed on the same day,
and I do not think the order of passage
Is important if they can be reconciled.
(Crane vs. Itceder, 22 Mich., p. 331.) If
either repeals the other it is only by
Implication. There are no words of ex
press repeal. The rule of implied repeals
is well established by a long line of cases.
There must be more than difference -there
must be irreconcilable conflict (Red
Rock vs. Henry, 106 U. ,S 596, and cases
cited), and "the presumption is stronger
against Implied repeals where provisions
supposed to conflict are in the same act
or were passed at nearly the same time.'
(Sutherland on Statutory Construction, Sec
tion 1C3; see also Endllch on the Inter
pretation ot Statutes, Section 45.)
Let ua apply this rule.
Sec. 22 and Sec. 4228 are both commer
cial regulations, and what the effect of
Sec. 22 would bo on the other if sub
sequent in time, and not accompanied by
legislative interpretation, is easily per
ceived to be different when contempor
aneous in time and so accompanied. In
Crane v. Recder (supra) two acts passed
at the same session of the legislature were
under consideration. The court said, speak
ing by Christiancy, J., ' It is not
possible to ascertain with certainty which
waB first passed by that body ( senate ),irr
which was first approved by the governor
though a loose Inference may be drawu that
the governor's approval of the special act
was communicated to the senate prior to
his approval of the revision. ' Roth
the revised statutes, as a whole, aud tin
special act In question were, however, a -J
proved by the governor ou the same day,
May 1 S, 181;; and which wasflrstactually
passed by the Legislature or flrht approved
by the governor we do not deem at all
material to the discovery of the legls! ltlve
Intent. It Is sufficiently certain that Ijotb
were practically under the legislative con
sideration at the same time, and were,
"properly speaking, contemporaneous acts,
and should be construed us such In arriving
at the intention of the Legislature."
In the case ot Payton vs. Most-ley
(3 Monroe) the court of appeals of Ken
tucky, speaklug by Judge Mills of two
"It Is true, as observed by the court
below, the expressions ot this latter act
arc very broad, and if it had not parsed
at the same session with the former, it
might, by theordlnary rules of construction,
be held to bo a repeal ot the former,
"But with regard to acts ot the same
session, we apprehend that the rules of
construction aresomewhat different. When
they are compared together, t hey ought to
be construed as one act on the same
CURED OF GASTRIC CATARRH.
Junien G. Clurlc, 3218 O ut. nw.:
"I had catarrh ot the stomach for three
years. I was troubled almost constantly
with nausea; and could nob-take solid food
at all. I was bloated up constantly and
belched up quantities t -of , gas. Now
my disagreeable symptoms are all , gone.
I can eat anything without" the leafet dis
tress, and consider myself completely
CURED OF ASTHMA.
Mrs. Jenny Smith, GOO 0th ut. sw,:
'I don't think anyone ever 'had Asthma
worse than I had It.
"I coughed incessantly, and was so short
ot breath that I could not lie down at
night; I have spent night after nlghtslttlng
up in order to get my breath.
"It was a year in July since I had my
last attack, and I feel that I am com
William Blake, 1102 Trinidad
ave. ne., cured of Deafness.
FATHER AND SON CURED.
Hubert Amniauu, 1001 V st. ne.:
''Doctors McCoy and Cowdcn have restored
the hearing of my sou -his right ear was
totally deaf and have also cured me of
very severe catarrh ot the throat."
HAD CATARRH THIRTY YEARS.
TVilllnm II. .Miller, 33K lUih st. no.:
"I had catarrh for years. My stomach
troubled 1110, too, very badly. If I only
drank water It hurt me. Doctor McCoy's
treatment has cured me. I have gained
eight pounds in weight."
Consultation at Office or by
McCoy System- o Medicine,
Doctor .McCoj'i h'ntiorm! 1'ractlce.
710 13th Street Northwest.
Oflice IIouk 9 to 11! a. m..-l to 5 p. m.,
C to S p. m. daily. Sunday, 10 a. m. to 4
subject; and the presumption 'iff so sudden
a change or revolution In the mindset the
legislature ought not to & hidulged There
ought to be au express repeal, or au ab
solute inconsistency between the two pro
visions, to authorize A -court" to sav that
the latter had repealed the former"
And the supreme ciilft of 'the State of
California, by Judge Sanderson, in Teople
vs. Jackson,-said ot two acts claimed to
conflict: "Both acts were passed upon the
same day and relate tb the lame subject
matter. They are, therefore, according to
a well-settled rule ot Interpretation, to be
read together, as if parts of the same act."
Section 22 and section 422S and amend
ments are not co-extensive la scope; in pur
pose, therefore, they may be tne comple
ments of each other. One" prescribes a rule,
the other the condition upon which and
the agency by which it rnav be suspended.
Each, therefore, lias its purpose-definite
and consistent. Section 4228 might be a
proviso to section 22, and is in effectmade
so by the suspension act, and as such proviso
it is certainly not repugnant to section 22.
The latter has its operation-commencing
with its passage, continuing until the con
ditions of section 422b occur and the Pres
ident act on account ot them, resuming
again it the reciprocal exemptions of for
eign nations be withdrawn.
examples or this are lamlliar in our
legislation- The provision in the Uingley
bill for reciprocity of trade is such an
example. Under that the duties of the
act may be changed. An example not so
direct, but of the same principle, is found
In the case of Russel vs. Williams, 10G
U. S. It would seem from the import of
language that a statute imposing duties on
articles was exclusive of prior ones, regu
lar or discriminating, whether they were
imported from or were the product of one
country or nnottr. It was held, neverthe
less, In Ruesel v Williams that a discrimi
nating duty on the iiroducts or countries
east of the Cape of Good Hope, when Im
ported from places west of It, was not
repealed by subsequent acts, though not
repeated in them or mentioned by them.
In this case it is true there was the distinc
tion between a commercial regulation
and provisions for revenue duties, but the
principle of tho case is that where there
Is dirrerence In purpose, legislative pro
visions may be independent- But the rule
or repeal by implication does not re
quire us to find independence.
It there is not irreconcilable conflict,
the laws may exist together. As we have
already seen, there Is certainly no Irrecon
cilable conflict. Even ir there was more
conflict in their lauguage-more in their
purpose-thls would have to yield to the
interpretation or the time aud manner ot
their passage. The suspension act was
reported to the House or Representatives
by the same committee which reported the
Dlngley bill was considered and passed
while that act was In memory. It passed
the Senate while the Uingley bill was pend
ing in consideration, and was approved by
the Prertdeaton the same day the Dlngley
bill was. A knowledge ot its relations to
that bill and Its effect on It must, there
fore, be attributed to tho legislature. "It
may be it was the later bill, for the Con
gressional Record shows that the Prusi
dent's approval of It was cohimunicated to
the Congress subsequently to that of the
Even a more extreme position might be
taken. It was held in Mead vs. Bag
nail and others, 15 Wis., 156, that "Where
the provisions of a statute which relates
to a particular class of cases are repug
nant to those of another statute approved
the same day, which is of a more general
character, the former must prevail as to
the particular class of cases therein re
ferred to." See also Endllch on the '-Interpretation
of Statutes," section 26, and
cases cited. It folio wa, Lhurcfore that sec
tion 4228 was not repealed by section 22,
and that the merchaudiseof both inquiries
Is not to be subjected to a discriminating
Philadelphia und Ketu'rn via B. & O.
Sunday next, S2.00. c21-5t,eni
Without Change of Cars,
(Delaware Bridge Route,)
Saturday, Sept, 25.
Special train will leave Pennsylvania
railroad station at 4 p. in. Saturday, and
will be valid for loturn pissago on all
trains until Septamber 27th, inclusive. In
cluding Bpecial train leaving Atlantic City
at C p. m. Suinlay.oxct pt'the New York and
Washington Limited und the Cougrea
t tonal LimitoJ.
RAIDING ADYANGED RATES
General Tumbling of Prices in the
Hear Spersalntors Commence "Work
Early nnd Their Active "Work Sud-
ly Affects. Mnuy Small DealerK.
Ncv York, Sept. 21. The bears were In
control of the stock market today, and for
a time almost a paulc reigned ou the ex
change The wild scenes of excitement
thai markHi the recent bull mo veni"nt were
repeated today with even greater Intensity,
the galleries ot tht exchange were packed
with crowds ot nnxlous spectators and
blghtseers, who shared the excitement of
the battle between the bulls and bars on
The opening gong witnessed an instant
attack oa the part of the bears, and realiz
ing sales considerably increased their
strength. As the market weakened any
number ut stop orders were reached, and
the pressure rontluufed on the part ot the
bc;rs. -The whole list surfered a heavy
decline with gas stocks leaving.
The grangers only yielded after consider
bte lesistance. There ivas no one cause
responsible for the decline, although there
were attempts ou the part of the bears to
create u, Cuban war scare.
In the afternoon there was a general re
covery from the lower prlces, but toward
the closi It went off again. The volume
of trading was the heaviest of the year,
transactions reachlug 875, 238 shares.
Within a. rew hours fully $20,000,000
was taKeu from the value of the stocks as
they had appeared In the quotations ut the
opening or tl- trading in the exchange.
That ninny firms were not rorced to ruin
is deemed remarkable. As It Is, however.
It Is certain that hundreds or amall specu
lators have lost their all.
New York Stock Market.
Corrected dally by W. B. Hlbba &. Co..
Bankers and Prokers. Membera of the
N. 5l. Btoct Esohauge. 1427 F strout.
On. lllzh. l.w CIos.
American Spirit U U - IZH.
Americar hi.irlt. ufd... 32S 3!jS 32 32.
Am. Sujrar Hoflncrv I51JJ 151X II3 H8-,
American Sugar pfu... H7 1I7,S" 1H 115.?,'
American Tobacco..... 8i lOtf SS Sis
UcMson. Tod. A H. F.. 1G 10 I5K I5
AtclL.Top.and '.F.pta.. 1 81? 82 S2,'
Baltimore i Ohio 20 'JO IB 1 1 .,
Kay State Gai i lH 11 11
Canada .Southern CO, KJJ 67,f SJIi
Cheiapvnl-oAOhlo :5 25f 21? 2t.V
u..i.u. isc l :s?,' ssji -a 3
Chicago, uur.d: liuincy. 10u liOJs 9SV 98-t,
CtilcaxoA Xorthw'n.... 129 -Jy I'M... lis
Uhlcairo Oas 107 ItolX I0i mH
C, M. & St. Paul 10D- lOOJi lS Di,
C. H. 1. und V Ji Wi VI 14
Consolidated Uas 227 21.7 215 22lWi
Del.. Lack. A "West. ltOV Pio,' 1 9 U9.S
uetawaro i Hudson.... L0 12U lib Ho
Erio !-. 7 1
oouoral Kiectrlc 30a !9?i Otii 30
Illinois Central ll0. 1',4 tU5,S 10ji
cate slioro 170i 1705 iTo 17a
Louisville A 'ahville.. tlf il IQfi 60
ilam.attan Utf KU 101 K5X
Mo. I'ucltlc. 37V4 37, 34 34v4
jl., lv. A T. pfd ii ai 3'.J 37?i
.itlon.U Lead Co i'H BSi 3'Ji.
.Sew Jersey Control...... "6 'Jas Uti U0
,ow Yoric Ccutral, 1IS.-3 U'W M ltle
.Northern 1'acinc iOa -Vi 10,; l'J?a
jiurtiiurn Picnic pfd.... 518 61S 52 &'-"'
OntirloA Wcatoru l 19J4 IS', IbV.
c'aeinciiail 3U .li? sli 3JAi
Phila. A Keauhijr. 27ft 2a 2o7i .(
southern Itailw.iy.pIU.. 3d 38 31 31
Texas Pacitlc 13h' 13?5 UK lfa
emi.Coal A Iron 32i 32-J 31 31Vi
Uniou l'ucmi '-? -Sy, U.Sf 217.
U..S. leather pt$' WX &$ U, (:
abash pTd '3 .. 23 2l 21
W heeling A Lako Erie, A -Oi v -
Wet. buionl'e!. Co.. .. 94 9 ; 91 91
The maffcec' yesterday auernoon liad a
terrific .-shake-up. AH over the loard there
was a Una decline, and In Sugar the drop
was something terrihle- The average for
the whole decline Is something over three
points. It is with pleasure that I call
your attention to the remarks made by Mr.
YV. E- Ilibbs on Saturday night for this
column, predicting just, this movement
In the market. The accuracy with widen
he det-crlDed die movement two days in ad
vance was really a most remarkable pleceof
foresight. It may be noticed, too, that
the attitude ot tnlf- column for the last
veek has heen also the right one, and that
on several occasions the advice has been
given to take profits and sell on any small
Commission people, especially those with
dtock ou weak margins, began to let go
early in the decline, yesterday, and the
short interest increased. The manipulated
specialties suffered more severely than thu
rest of the market in the process of general
decline. This fact only accentuates the
position taken heretofore by me that these
advances in special slocks have been
fictitious and purely the work of specu
Mr. Uibbs is of the opinion that today's
market will in the morning be .similar
to yesterday's, with declining prices. Lon
don vil) sell agtln, and the bears will
sell short. "When the short interest is con
siderable he believes that there will be
another upward push and that prices will
be better at the close than at thu close;
yesterday. In other words he is ot the
opinion tliat the bulls -the heavy end of
the street -have the market very nearly
under control, If not quite, and can force
prices upward at any time.
There was no news of special importance
yesterday. Tho spread of yellow fever in
the Soutn is a factor, and perhaps a more
seilous one than wis at first believed by
the North, though the chances of an epi
demic still seem small. A slightly lesscon
Udent feeling about the yellow fever situa
tion and. a, foolish belief In the scare dis
patches Moudav as to the American
ultimatum to Spain materially aided th
break. The foreign exchange market is a
matter of considerable importance. De
maud sterling yesterday was heavy at
4.54 a-i, but the conditions do not seem
to favor the gold Import thata largo Pection
of the street lias looked for. The sustain
lug influence of such importations can
probably not bo counted on for some time
It Is reported that the American Tobacco
Company Is negotiating Tor the purchase of
PHILADELPHIA mvm. BALTIMORE mvem.
Sunday, Sept. 26,
Tickets good on all tra ns
leaving- Sixth-street station 7,
8, 9 and 11 a. m,, and returning
on special leaving Phiiadeltihia
at 7 p. m. and all regular trains
same day except the Congres
the Leggr-tt & Myers tobacco business.
GoodXew York authorities believe that thu
rumor is probably true-
Mr. Prime says of corn: "I look for no
lush of corn until distant growers realize
25 cents and ueurby 30 cents. Cora
which has been flowing iuto market dur
ing the last thirty days put them In ex
cellent shape, und is the undercurrent;
which has given the country merchant
confidence in the future and the cause of
the splendid fall trade At no time lu
the history of the 1897 winter wheat crop
have the farmers been as reluctant to pari
with wheat as now They do not have
to sell and In some Instances are holding
for higher prices.
Sugar has now dropped down from its
highest figure 16 points. I am of the opin
ion that th' bottom has very nearly been
reached, and that If the general market
sliows any strength at all today Sugar
will start on its upward eourso again-
Not thorn raoific preferred was very
heavy yesterday. The other Pacific roads
at least showed 110 particular strength. It
is th" expectation of some people in the
street that the decision of Attorney Gen
eral McKcnna yesterday will have a tem
porary adverse influence on the roads
which compete with the Canadian I a
cific In an v way. This seems a very plaus
AYuniilngton Steele Kxuhnuge.
Sales -United States Electric Light, 83
at 113, 10 at 112 14: Pneumatic Gnn
Curlage, mo at 55: MergenUinler Lino
type, 40 at 117 3-4, 10 at 117 7-S.
IT. 8. 4's. It 1087 Q. J. m iiSK
U. 8. -i's. 10i ia Jffi
U.sU's. looiQ. p Jim iu
DISTltlCT OKOOLCMBIA UOXUT.
33 liOB "iC-j ear Funding" iHi
6s 1992 .e-year hUBdinM jcMd.. II
7s 19-J1, ' ater. Stock" carroHcy.. H3 ....""
TslSjU. " ator Stoelt" eurrouy. 112 ....JJ
"Kuinlinc"ciirr''ncv Xto't m
lis itog. :-:cs. i&ac-rooi J
Mot.lt. K.1925 us;
-Mer.ir.lt Coiir. ia
Met.lt It Cen. Indebtedness. ..A., lit '.'.ll'.
Met. HH Ccrt.Indebtednei...U.. ItoK Hi.
belt It it . lv.'l (
Kckincton ft Ito'a....
Columbia Kite's. I9U l'S
Wash Gas Co. Her A.o'n. M2-'27... ill ".'.'"
aah Uas Co. Scr II. Ss. l98!-'-JJ... llz .III'..
U. S. Elee. Light Debenture imp.
M-AN f jag
Chef..m l I'itt Tel 5's. Ib.iy4l mm
Ain Sec A Tr 3'a. I and A. IVOj.... H
Am Sec A 1 r -.'a. A ai'd O, 19ui . .. ltw
Wash .Market Co KttTs, 1602-1311.
J7.010 retired annually HO ...J..
Wash Market Co Imp 63. 12-27 :... 110
Wauli Market Co exfnlTs, llt-'27.. 1.0 .III"
Mfcsouic Hall Association &'. PJOd. lui
Wash Ltlnf latis. 1901 JJ'J"."
NATIONAL UAK STOCKS.
Bank of Washington
Metropolitan t$0 3tu"
Farmers' and Mechanics' 171 ...III
KcconJ jj$i ...HI
Columbia &j ' ,
C.iultal liv ll.lll
West End J01,-j ....JJ
Lincoln J.. J". I'll".
Ohio JJJ. "ii"
SAFE BEl'OSIT A.VD TIIOST COMPA.VIKi.
Nat. Safe Deposit and Trust 120
Wash. Loan and Trust US
Aniar.Security and Trust IU ....JJ
Wabh. Salo Deposit
Capital Traction Co
.. U8 120
Georgetown A Tcnnallytowu
GAS A.SD nLECratC UIOUT3TOCK3.
U.s. Klrctric Liirht ui
frrankliu -. 5s
Potomac bi ...III
(jeriii.tu American 200
National Union H " 14"
lUggs 8 " 'b'h
Lincoln fe, J
TITLE IXSUUANCE STOUKa.
Keai Estate Title...
Columbia Title. 5
.isi.lustou Titlo 2l
t'cnnsylvania ;.. to ......
C'Ucsauaakc. and Potomac. 63 IS
American Urapliophouo U sx
American Urapnuphoue, pfd lo n
Pneumatic Gun Cirnago 50 ,oi
Mcrgonthalcr Linotype 517't 119
Lauston Mouotypo UK IBjs
.islnnzton Market lu
Gioat Fls Ico 117 133""
Nor. & Wash. S.catuboat 109,
Chicago, Sept. 21. Lower English cables
and large receipts in the Northwest cauted
v. weak market Tor wheat today, the price
declining at one time - l-4c. telow yes
terday's close, rallying 3-4e. from the
bottom at the flnb-h. The decline lu Liv
erpool was equivalent to lal l-2c. Paris
was a shade easier, anil London cabled
that the French were reselling In that
market and buying deferred futures at a
The sentiment among local traders is
e-Ntremely Learisn, and with only a light
demand price were easily depressed.
There was no opposition to the tear ef
forts. The seaboard reported 30 loads
taken. The Mark lane Express estimates
the Russian exportable surplus this year
Loan & Trust Co.
OFFICE, COR. 9TII AND F ST3.
PAID-UP CAPITAL, ONE MILLION
Loans in any amount mad. oa
approved real estate or collaterals';
Interest paid upon deposits on
dally balances subject to check.
This compauyactsas executor, ad-
mlnlhtrator, trustee. agent, treasurer,
registrar and In all other fiduciary
Boxes for rent tn burglar and tire-
proor vaulto tor saro deposit and
6torage of valuable packages
JOHN JOY EDSON 1'resIdeLt
JOHN A SAV OPE Vice President
11. S. CUMMIN GB 2d Vice 1'rcsldent
JOHN R. CARMODY Treasurer
ANDREAV- PARKER Secretary
DDfinT'C CELKUKATED HATS
Livl 1 - 419 11th -t. n w sel-2in
Sunday, Sept. 26.
Tickets good on all trains in
both directions except the Con
at 64.000,000 bushels, Just about halt
what it was last year, and not much in
excels of the amount shipped rrom thaft
country during the famine year.
Chlcnco Grain nnd Provision Markel
Corrected daily by W. B. Hlbba 3, Co,
Bankeis and Brokers. Members ot Utt
N. X. Stock Exchange, 1127 F street
Open. I High. Low.
Mar. . ..
New York Cotton Alurkat.
OlMKt. Ill-it. Uw. Cloc
October .S9 ff.'g U7 BUS-
Noro.uber Ut fc&f. C17 C.J3-
Decttutber fcfifl k3 fcti e,50
January Hit -Jt 3 (L3fl
New District Uh tiding. v
Thu BcUngton tekutl beca wBt be t&a
next District buJdjMtf to be erorted. la a
few daysituw Hklm wtR be adwrUMKl ft-.
Tte fKtcftraUi went im to ike pcfates
etenuty The pteas for all tlt new ea
gine boun aad arhool 1nmm hare miw
been rt mpleUd bv tkr arcbttecw, aad
there remain oi jn Di-td t trafldtatgft un
dr cusMmptaiirn 1 Ij ti e two txttaMohi.
fir which plans ha- not hee a drawm. amA. ,
rH- one of Ibn aoaattate thm grewMl has
not yetheea cboaea.
"Why Nt Tak tho Ilest?
TTM rate la ao higher. Thr Pran3rhana
Railroad wlB mU uekeui to BaMtra and
retom next eoaday for $i.0. it to aap
proacbed mi uw exe-ttene? of Us wrrtca.
"My boy cane Mho rrom school oni
Cay with nto ttaad badly lacerated and
blcedlM?. aad sort wing grrat pain." says
Mr. K. J. Scball. -wiih Meyer Broa. Dru
Co..Sr. Louui, Mo. -I dreaned thu wound
&!Kt0!itKlCbamber:rtln'Faiu Balm freely.
All pain ceased, and lu a remarkably short
tune it honied, without leaving a 6car.
For wounds, sprains, 5veHrogs. and rbau
matfom.l know of no medicine or prescrip
tion equal to It. I conMder Ic a house
hold neceasity." The 25 and 50-cent slzei
Tor sale by Henry Evans, Wholesale aad
Retail Druggist, &3S F street and Con
necticut avenue and S street northwest,
nnd 142S Maryland avenue northeast.
To Baltimore a .d He:nni viu. 11. &O.
All trains Saturday, the 23th, and Sun
day, the 26th, good to return until Mon
day, $1.23. Ee21-0t,em
CORSON & MACARTNEY,
Mcmbera ot the New Turk fccoci Ex
change, 141'j F st. Glover Building.
Correspondents or Meisrs Moore Jc Schley,
No. b0 Broadway,
Bankers and Dealers m Government Bond.
Deposits Exchange Lo&n.
Katlroad stocks and Bonds and alt
securities listed on the exchanges of
r.ew 1'oik, Philadelphia. Boston and Balti
more Dough t and eoio
A specialty made or Investment securi
ties. District Bonds and all local Ball
road, Uas. Insurance and Telephone Utocz
American Bell Telephone Stock bouehl
ana sold- mhlS-tf
AMERICAN SECURITY I
S AND TRUST CO.
I Money to Loan.
o Thin company has money to lo&s.
fej on listed collateral securities a
m lowest rato or interest.
C. J BELL. President
W. B. Hibbs & Co.,
BANKEJIS and BltORER-S.
M .. beri N r V..r Slo KiC.x.inJk
1427 F Street
C01 respondents t
LADENBUKG. T1IALM-VNN A Ox.
Money to Loan
At 5 Per Cent.
on real estate hi 1). C; no delay; term
reason a hie.
HEISKELL & McLERAN,
iru-tt 100S F at, nw.
STEAM II OATS.
JTorfolk 5: "yashington
Every day In the year for Fortress
Monroe, Norfolk, Newport News and
all points South by the superb, pow-
erful steel palace steamers "New-
port News,' "Norfolk" and "AVash-
ington,' on the following schedule:
Leave AVashlngton 7:00 p. m.
Leave Alexandria 7:20 p.m.
.11.ve . , ...u..iwe ........ ....b..-i. a. m
Arrive Norfolk 7:30 a. m.
Airive 1'oru.imi' ih b:CU a. m
Leave roktsmouth C:50 p. m
lAiave Non'olk ..6:10 p. au
Leave Fort Mouroe 7:20 p. m.
Arrive Alexandria 0:00 a.m.
Airive AVashincton 0:20 a. in
Visitors to Cuamberlln's new hotel,
"The Hygela," and A'lrginia Beach
will find this the most attractive
route, insuring a comfortable night's
Large and luxurious rooms heated
by steam and fitted throughout with
electriclights. Dining room service la
a la carte, and is supplied from tho
best that the markets of AVashlngton
and Norrolk afford.
Tickets on bale at U- S. Expresa
office, 817 Pennsylvania avenue; 513
G19, 1421 Pennsylvania avenue; B.
& O. ticket office, corner 15th street
aud New York avenue, aud on board
Eteamers, where time table, map, etc.,
can also be had.
Auy other information desired wlfi
be f urnlEhcd ou application to the un?-
dersigned at the company's wharf,
foot or 7th st, AVashlngton, D. Cv
Telephone No- 750.
JNO. CALLAHAN, General Manager.