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minister shall devolve upon the Secretary of State, who is authorized and required to discharge the same. [R. S.]

Act of June 22, 1860, ch. 179, 12 Stat. L. 76; Act of July 1, 1870, ch. 194, 16 Stat. L.

183.

See the note to R. S. sec. 4083, supra, p. 60.

Sec. 4129. [Provisions of Title extended to other countries.] The provisions of this Title relating to the jurisdiction of consular and diplomatic officers over civil and criminal cases in the countries therein named, shall extend to any country of like character with which the United States may hereafter enter into treaty relations. [R. S.]

Act of July 1, 1870, ch. 194, 16 Stat. L. 183.

See the preceding R. S. sec. 4127. And see the note to R. S. sec. 4083, supra, p. 60.

Sec. 4130. [Definition of words "minister" and " consul."] The word minister, when used in this title shall be understood to mean the person invested with, and exercising, the principal diplomatic functions. The word "consul" shall be understood to mean any person invested by the United States with, and exercising, the functions of consul-general, vice consul-general, consul or vice-consul. [R. S.]

Act of June 22, 1860, ch. 179, 12 Stat. L. 76; Act of July 1, 1870, ch. 194, 16 Stat. L. 183.

This section was amended to read as above given by the Act of Feb. 1, 1876, ch. 6, 19 Stat. L. 2. Originally this section was as follows: "The word 'minister,' when used in this Title, shall be understood to mean the person invested with, and exercising, the principal diplomatic functions. The word 'consul' shall be understood to mean any person invested by the United States with, and exercising, the functions of consulgeneral, consul, or vice-consul."

The office of vice-consul-general was abolished by section 6 of the Act of Feb. 5, 1915, ch. 23, supra, p. 45.

See the note to R. S. sec. 4083, supra, p. 60.
Consul-general not a "minister."-

In In re Baiz, (1890) 135 U. S. 403, 10 S. Ct. 854, 34 U. S. (L. ed.) 222, it was held, under circumstances therein stated, that the consul-general of Guatemala and

Honduras in New York was not chargé d'affaires ad interim of Guatemala, or invested with and exercising the principal diplomatic functions, or in any view a diplomatic officer or "minister."

An Act To authorize the President to accept for citizens of the United States the jurisdiction of certain tribunals in the Ottoman dominions, and Egypt, established, or to be established, under the authority of the Sublime Porte and of the government of Egypt.

[Act of March 23, 1874, ch. 62, 18 Stat. L. 23.]

[SEC. 1.] [Jurisdiction of courts of Ottoman government and Egypt over citizens of United States may be accepted, and that of consular courts suspended.] That whenever the President of the United States shall receive satisfactory information that the Ottoman government, or that of Egypt, has organized other tribunals on a basis likely to secure to citizens of the United States, in their dominions the same impartial justice which they now enjoy there under the judicial functions exercised by the minister, consuls, and other functionaries of the United States, pursuant to the act of Congress approved the twenty-second of June, eighteen hundred and sixty, entitled "An act to carry into effect provisions of the

treaties between the United States, China, Persia, and other countries, giving certain judicial powers to ministers and consuls, or other functionaries of the United States in those countries, and for other purposes,' he is hereby authorized to suspend the operations of said acts as to the dominions in which such tribunals may be organized, so far as the jurisdiction of said tribunals may embrace matters now cognizable by the minister, consuls, or other functionaries of the United States in said. dominions, and to notify the government of the Sublime Porte, or that of Egypt, or either of them, that the United States, during such suspension will, as aforesaid accept for their citizens the jurisdiction of the tribunals aforesaid over citizens of the United States which has heretofore been exercised by the minister, consuls, or other functionaries of the United States. [18 Stat. L. 23.]

The provisions of the Act of 1860, ch. 179, 12 Stat. L. 72, here referred to, are incorporated into Revised Statutes in sections 4083-4091, 4098-4121, 4125-4130. The President issued his proclamation March 27, 1876 (19 Stat. L. 662), under this provision, suspending the jurisdiction of consular courts, as therein provided. See the note to R. S. sec. 4083, supra, p. 60.

[SEC. 2.] [Right to hold property in Turkey-acceptance of Turkish law by President.] That the President is hereby authorized for the benefit of American citizens residing in the Turkish dominions, to accept the recent law of the Ottoman Porte ceding the right of foreigners possessing immovable property in said dominions. [18 Stat. L. 24.]

See President's proclamation, 18 Stat. L. 850.
See the note to R. S. sec. 4083, supra, p. 60.

[SEC. 1.] [Keeping and feeding of prisoners in China, Korea, Siam, Turkey.] Paying for the keeping and feeding of prisoners in China, Korea, Siam, and Turkey, nine thousand dollars: Provided, That no more than fifty cents per day for the keeping and feeding of each prisoner while actually confined shall be allowed or paid for any such keeping and feeding. This is not to be understood as covering cost of medical attendance and medicines when required by such prisoners: And provided further, That no allowance shall be made for the keeping and feeding of any prisoner who is able to pay or does pay the above sum of fifty cents per day; and the consular officer shall certify to the fact of inability in every case. [32 Stat. L. 87.]

This is from the Diplomatic and Consular Appropriation Act of March 22, 1902, ch. 272. Similar provisions occur in prior appropriation acts: 31 Stat. L. 893; 31 Stat. L. 70; 30 Stat. L. 832; 29 Stat. L. 589; 29 Stat. L. 37; 28 Stat. L. 824; 28 Stat. L. 150; 27 Stat. L. 506; 26 Stat. L. 1061; 26 Stat. L. 281, etc., and are repeated in substance from year to year. The appropriation for the fiscal year ending June 30, 1916, is contained in the Diplomatic and Consular Appropriation Act of March 4, 1915, ch. 145, § 1, 38 Stat. L. 1125, and provides for prisoners in China, Chosen, Siam and Turkey," omitting however the last proviso of the text relating to prisoners who can, or do, pay the sum mentioned.

66

DISABILITY PENSION ACT

See PENSIONS

DISCRIMINATING LAWS AND DUTIES

R. S. 2502. For Merchandise Imported in Foreign Vessels, 75.

R. S. 4228. Suspension by the President, 76.

R. S. 4229. Vessels of Prussia, 77.

R. S. 4230. Termination of Privileges, 77.
R. S. 4231. Spanish Vessels, 77.

Act of June 19, 1886, ch. 421, 77.

Sec. 17. Suspension by President of Commercial Privileges to Foreign
Vessels Retaliation, 77.

Act of March 3, 1887, ch. 339, 78.

United States Fishing Vessels Denied Rights in British North America
Retaliation, 78.

Act of Aug. 30, 1890, ch. 839, 79.

Sec. 5. Discrimination by Foreign Countries against United States
Products Retaliation by President, 79.

Act of July 26, 1892, ch. 248, 80.

Sec. 1. Passage of Vessels through St. Marys Falls Canal Tolls, 80.
2. Collection of Tolls, 80.

Act of Oct. 3, 1913, ch. 16, 81.

Sec. IV. E. Countervailing Duty on Imports Receiving Export Bounty,
81.

J. Subsection 1. Discriminating Duty on Imports in Foreign
Vessels, etc., 82.

CROSS-REFERENCES

See CUSTOMS DUTIES; IMPORTS AND EXPORTS.

Sec. 2502. [For merchandise imported in foreign vessels.] A discriminating duty of ten per centum ad valorem, in addition to the duties imposed by law, shall be levied, collected, and paid on all goods, wares, and merchandise which shall be imported on vessels not of the United States; but this discriminating duty shall not apply to goods, wares, and merchandise which shall be imported in vessels not of the United States, entitled, by treaty or any act of Congress, to be entered in the ports of the United States on payment of the same duties as shall then be paid on goods, wares, and merchandise imported in vessels of the United States. [R. S.]

Act of June 30, 1864, ch. 171, 13 Stat. L. 215.

While provisions similar to the above section are contained in the Underwood Tariff Act of Oct. 3, 1913, ch. 16, § IV J, subsection 1, infra, p. 82, yet this section must be regarded as intended to be left in the statutes, since by the Act of July 24, 1897, ch. 13, which amended R. S. sec. 4228, given infra, p. 76, it is referred to and the President is authorized to suspend in part its operation.

Construction. In Gautier v. Arthur, (1881) 104 U. S. 345, 26 U. S. (L. ed.) 773, the contention of the government that this section imposed a duty on all goods

imported by foreign vessels, on such as were previously free as well as those already subjected to duty, was held to be a reasonable construction of the section

The policy of discriminating against the importation by foreign vessels at all, would seem to require that no distinction should be made between the two classes of goods. The encouragement of importa

tion by vessels of our country would be greater by extending the discrimination to all goods, than by limiting it to those upon which a duty was previously imposed.

Sec. 4228. [Suspension by the President.] Upon satisfactory proof being given to the President, by the government of any foreign nation, that no discriminating duties of tonnage or imposts are imposed or levied in the ports of such nation upon vessels wholly belonging to citizens of the United States, or upon the produce, manufactures, or merchandise imported in the same from the United States or from any foreign country, the President may issue his proclamation, declaring that the foreign discriminating duties of tonnage and impost within the United States are suspended and discontinued, so far as respects the vessels of such foreign nation, and the produce, manufactures, or merchandise imported into the United States from such foreign nation, or from any other foreign country; the suspension to take effect from the time of such notification being given to the President, and to continue so long as the reciprocal exemption of vessels, belonging to citizens of the United States, and their cargoes, shall be continued, and no longer. Provided, That the President is authorized to suspend in part the operation of sections forty-two hundred and nineteen and twenty-five hundred and two so that foreign vessels from a country imposing partial discriminating tonnage duties upon American vessels, or partial discriminating import duties upon American merchandise, may enjoy in our ports the identical privileges which the same class of American vessels and merchandise may enjoy in said foreign country. [R. S.]

Act of May 24, 1828, ch. 111, 4 Stat. L. 308; Act of May 31, 1830, ch. 219, 4 Stat. L. 425; Act of July 13, 1832, ch. 207, 4 Stat. L. 579.

The proviso at the close of this section, as above given, was added by the Act of July 24, 1897, ch. 13, 30 Stat. L. 214, "An Act To authorize the President to suspend discriminating duties imposed on foreign vessels and commerce."

R. S. sec. 2419 mentioned in the proviso above has been partly repealed. See the title TONNAGE DUTIES.

R. S. sec. 2502 also mentioned in the text is given supra, p. 75.

Provisions similar to those above given were made by the Tariff Act of Oct. 3, 1913, ch. 16, § IV J, subsection 1, infra, p. 82.

Purpose of section. The purpose of this section was to secure to United States vessels the transportation of goods by sea by discriminating against transportation in other vessels to the United States, and also to prevent evasion to a contiguous country. (1897) 21 Op. Atty.-Gen. 597.

It was the opinion of the Attorney-General that this section was not repealed by section 22 of the Dingley Act of July 24, 1897, 30 Stat. L. 151, ch. 11; and, therefore, it was held that where certain goods had come from Japan by the way of Vancouver, B. C., and thence by rail through the Dominion of Canada to Chicago in cars which at Vancouver had been duly sealed by a consular officer of the United States, they were not subject to a discriminating duty under this R. S. sec. 4228. (1897) 21 Op. Atty.-Gen. 597.

"Section 22 (Dingley Act, July 24, 1897, 30 Stat. L. 151, ch. 11) and section 4228 and amendments are not coextensive in scope; in purpose, therefore, they may be the complements of each other. One prescribes a rule, the other the condition upon which, and the agency by which, it may be suspended. Each, therefore, has its purpose- definite and consistent. Section 4228 might be a proviso to section 22 and is in effect made 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 conditions of section 4228 occur, and the President acts on account of them, resuming again if the reciprocal exemptions of foreign nations be withdrawn." (1897) 21 Op. Atty.-Gen. 597.

Sec. 4229. [Vessels of Prussia.] No other or higher rate of duties shall be imposed or collected on vessels of Prussia, or of her dominions, from whencesoever coming, nor on their cargoes, howsoever composed, than are or may be payable on vessels of the United States, and their cargoes. [R. S.]

Act of May 24, 1828, ch. 111, 4 Stat. L. 308.

Sec. 4230. [Termination of privileges.] The preceding section shall continue and be in force during the time that the equality for which it provides shall, in all respects, be reciprocated in the ports of Prussia and her dominions; and if at any time hereafter the equality shall not be reciprocated in the ports of Prussia and her dominions, the President may issue his proclamation, declaring that fact, and thereupon the section preceding shall cease to be in force. [R. S.]

Act of May 24, 1828, ch. 111, 4 Stat. L. 309.

Sec. 4231. [Spanish vessels.] From Spanish vessels coming from any port or place in Spain or her colonies, where no discriminating or countervailing duties on tonnage are levied upon vessels of the United States, or from any other port or place to and with which vessels of the United States are ordinarily permitted to go and trade, there shall be exacted in the ports of the United States no other or greater duty on tonnage than at the time may be exacted of vessels of the United States. [R. S.]

Act of March 1, 1869, ch. 54, 15 Stat. L. 282.

Sec. 4232. Repealed. This section was as follows: "The mail steamships employed in the mail-service between the United States and Brazil shall be exempt from all port-charges and custom-house dues at the port of departure and arrival in the United States if, and so long as, a similar immunity from port-charges and customhouse dues is granted by the government of Brazil."

Act of May 28, 1864, ch. 98, 13 Stat. L. 94.

It was repealed by the Tariff Act of Aug. 5, 1909, ch. 6, § 36, 36 Stat. L. 111. This last cited section was expressly saved from repeal by the Tariff Act of Oct. 3, 1913, ch. 16, IV S, given under CUSTOMS DUTIES, vol. 2, p. 888.

See the title TONNAGE DUTIES.

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SEC. 17. [Suspension by President of commercial privileges to foreign vessels retaliation.] That whenever any foreign country whose vessels have been placed on the same footing in the ports of the United States as American vessels (the coastwise trade excepted) shall deny to any vessels of the United States any of the commercial privileges accorded to national vessels in the harbors, ports, or waters of such foreign country, the President, on receiving satisfactory information of the continuance of such discriminations against any vessels of the United States, is hereby authorized to issue his proclamation excluding, on and after such time as he may indicate, from the exercise of such commercial privileges in the ports of the United States as are denied to American vessels in the ports of such foreign country, all vessels of such foreign country of a similar character to the vessels of the United States thus discriminated against, and suspending such concessions previously granted to the vessels of such country; and on

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