Untitled

Wellington Independent, Volume XXII, Issue 2603, 28 November 1867, Page 3

A very strange proceeding on the part of the Commissioner of Customs has recently" been brought under our attention, which in the interests of business men cannot be allowed to pass unnoticed. During the recent session "An Act to alter certain Customs duties " was passed by the Assembly, which, amongst other things, enacted " that from and after the fifth d?y of October 1867 the duty levied on roasted coftee should be fivepence per pound." This Act did not receive the assent of his Excellency the Governor till the tenth of October, and was consequently not in force till that date. On tho 7th of October a leading business firm in Wellington passed entries for, and paid duty on, 3584 pounds of coftee, at the rate of threepence per pound. They were assured at the time by the Custom House authorities that no instructions had been received to charge any higher rate, and the coffee was therefore taken out of bond on the understanding that the full amount of duty had been paid. Six weeks elapsed, the coffee meantime was sold at a price calculated on the lower rate of duty, but on the 13th November, the firm, to their surprise, received a letter from tho Deputy Collector of Customs stating that the duty chargeable upon the coffee was fivepence per ib., and calling upon them to pay the difference, amounting to a sum of £30. On the same day the firm replied that having already paid the legal amount of duty due, they therefore declined paying any more. On the 1 21st another letter was received from the Deputy Collector, in which he says that the reply of the firm had been laid before the Hon. the Commissioner of Customs, who had instructed him to inform them " that the question of law was perfectly clear and that legal proceedings would be taken to recover the additional duty." He at the same time euclosed a copy of " The Customs Tariff Amendment Act" for their information. This appeared so unreasonable to the firm, who, on tho faith of previous representations made to them, had been selling coffee from the Gth of October to the 13th of November, on the assumption of threepence being the duty, that they again declined paying, and intimated their readiness to defend any legal action that might be taken to recover the amount.

We cordially agree with the Commissioner of Customs " that the question of law is perfectly clear." On the 7th of October the Act imposing the increased duty had no existence. It did not become law till the Governor had assented to it, which he did not do till the ]Oth — three days after the coffee had been purchased. The legal duty on coffee on the 7th was threepence a pound, and the Custom House officials had no power to charge more. Besides this, they stated that threepence was the proper duty, and as such received it, so it is clear that the present demand has been made by our economical and grasping Government as an after-thought. The injustice and absurdity of this demand are equally palpable It is unjust because it would inflict pecuniary loss on a trader who, having paid a certain duty on goods, sells them at a proportionate price, and cannot now recover the difference from his customers ; it is absurd because it is made without a shadow of foundation, either in law or precedent.

Moreover the ease shows in a strong light the incompetence of the Government to transact business in a proper manner. It was perfectly practicable for the Act in question to have received the assent of the Governor before the date fixed upon for it to come into operation. As the case stauds the Government have contrived to bungle a very simple matter, and they now seek to atone for their culpable stupidity by the infliction of a glaring injustice.