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PARAGRAPH 470_PAINTINGS, ETC. (V) Retain the present provisions of paragraph 661, which provide that statuary and casts of sculpture for use as models or educational purposes only shall come in free.

(This for obvious reasons and of course irrespective of whether they are originals or the first three replicas or even copies. In fact, copies are mainly used in schools and very often in public museums and galleries.)

(VI) Retain the present provisions of paragraph 714 permitting the importation, without duty, of works of art, drawings, engravings, photographic pictures, etc. brought by professional artists, lecturers or scientists for temporary exhibition.

(These provisions should be retained for obvious reasons and irrespective of the restrictions set forth in the proposed new art paragraph of the free list.)

(VII) Retain the present provisions of paragraph 715 regarding works of art, works in terra cotta, Parian pottery or porcelain, and other antiquities, etc., imported for permanent exhibition at public institutions or societies established for art, education, or for a municipal or State corporation.

(VIII) Retain the present provisions of paragraph 716, providing for the free importation of works of art by American artists residing temporarily abroad, or imported for or to be presented to State, national, or other public institutions. But to meet the point raised by Mr. Hill as to copies, said paragraph should read as follows:

“Works of art, productions of American artists residing temporarily abroad, or copies of works of art made by American artists residing temporarily abroad, or imported by American citizens for their personal use, or made for or imported by or for a national institution or any State or municipal corporation or incorporated religious society, college, or other public institution, or for a public library, museum, or gallery," and then follow on with or other works of art.'

(NOTE.—This would limit copies to three classes: (1) Copies made by American artists. (2) That meets the point that foreign artists, who live more cheaply than our own artists, might multiply cheap. copies and flood our markets and shops with such cheap copies. (3) All such copies would be subject to duty as provided in proposed paragraph XII below.)

(IX) The present provision of paragraph 716, regarding articles in whole or in part molded, cast, or mechanically wrought," etc., should, to harmonize with the proposed general new free list paragraph, read as follows:

and except any article, in whole or in part, molded, cast, or mechanically wrought from metal within 20 years prior to importation, but not including replicas, copies or reproductions not exceeding three in number, made by the artist or sculptor who made the original, or from a plaster, wax, or other model made by a professional sculptor or artist which may be imported free of duty as provided in this act.”'

(X) Strike out that part of present paragraph 717 of the free list relating to works of art which have been in existence over 20 years beginning with the word “works” and ending with the word “processes,” and substitute in place thereof the new free list paragraph first above defined and numbered above as I. But retain that part of said paragraph 717 relating to other works of art (except rugs and carpets) in existence over 100 years.

(XI) Strike out of paragraph 416 of Schedule M, the paper schedule, the word "engraving” and the word “etchings,” which are to be taxed under paragraph 470 of Schedule N, suggested in the next paragraph, No. XII.

(XII) Strike out present paragraph 470, which imposes a duty upon paintings, sculpture, etc., of 15 per cent, and insert in lieu thereof the following:

“Copies of original works of art or paintings in oil, water, or other colors, of pastels or drawings and pen-and-ink sketches, except as provided in the free list forming part of this act; etchings or engravings forming part of a numbered or lettered edition above the number of 20; bronze, marble, stone, alabaster, or metal copies or replicas, or reproductions of sculpture or statuary above the number of three, 15 per cent ad valorem; the terms "statuary," "sculpture, paintings,” “etchings,” and “engravings' shall be understood to include and be defined in paragraph - of the free list forming part of this act.

(Under the present law, paragraph 416 of Schedule M, etchings and engravings, are taxed at 25 per cent ad valorem. The above paragraph proposes a general tax of 15 per cent ad valorem.)

Conclusion. The above suggestions, if adopted, would admit original statuary or sculpture that is a work of art made by a professional artist and three replicas of the same and etchings and engravings up to the first 20 copies or impressions, free. Additional copies

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PARAGRAPH 470—PAINTINGS, ETC.

or replicas would be taxed, as suggested above, at 15 per cent ad valorem, and would protect our bronze or iron and other metal workers and our trade engravers, trade sculptors, trade etchers, and lithographers, and trade printers from competition with similar workmen abroad.

A very important and essential protection would be accomplished by the enactment of the foregoing provisions in regard to originals and copies. One of the most frequerit complaints generally made, and one of the chief arguments before the then committee of the House in 1909 in favor of a specific duty of $100 on all works of art, irrespective of their age, was that it would tend to keep out forgeries. If the law be amended as above suggested, all importations of art will have to be accompanied by some prooi that they are original works of art, or else pay duty as copies. That will place the iear of perjury, with its serious consequences, before the eyes and in the mind of those who import alleged or pseudo works by old masters, which are in fact only copies, as origiral works of art. The law, as I have suggested it, uses for the first time that I have seen the words "original works of art."

The enactment of these paragraphs ought to be welcomed by all art lovers, art patrons, art buyers, critics, museums, galleries, and American artists generally, because it will do more than almost anything else to add the terrors of the criminal aw relating to perjury to the importations of forged works of alleged old masters. If the law be enacted as suggested, copies of old masters will havo, to be designated as copies, sworn to as copies, and pay duty as copies unless made by American artists or imported by American citizens for their personal use or for public museums, gal. leries, or institutions, etc. No more important step in the interest of American art or of the stamping out of the too common practice of importing forgeries or copies of old works of art as original works of art could be taken. Respectfully submitted.

JOHN QUINN, Counsel for the Association of American Painters and Sculptors (Inc.).

PETITION CONCERNING STATUARY FOR RELIGIOUS PUR

POSES.

The COMMITTEE ON WAYS AND MEANS,

House of Representatives, Washington, D. C. Sirs: The Dingley tariff of 1897 contained a provision for the free entry of statuary and casts of sculpture specially imported in good faith for the use and by order of churches and other societies of a religious, educational, or public character. This provision was so modified in the tariff act of 1909 as to deny free entry to statuary imported for religious institutions. The undersigned believes that this measure has imposed an unnecessary burden upon the cause of religion and respectfully petitions your committee and Congress to restore the provision in the free list for such statuary as it appeared in the tariff act of 1897. Respectfully yours, James J. Keane, Archbishop of Dubuque, Iowa; E. D. Kelly, Auxiliary

Bishop of Detroit, Mich.; James Schwebach, Bishop of La Crosse, Wis.;
James J. Hartley, Bishop of Columbus, Ohio; Edward P. Allen, Bishop
of Mobile, Ala.; James Davis, Bishop of Davenport, Iowa; Benjamin I.
Keiley, Bishop of Savannah, Ga.; Leo Haid, Bishop of North ('arolina;
John J. Monaghan, Bishop of Wilmington, Del.; Charles H. Colton,
Bishop of Buffalo, N. Y.; P. J. Donahue, Bishop of Wheeling, W. Va.;
John J. O'Connor, Bishop of Newark, N. J.; Charles E. McDonnell,
Bishop of Brooklyn, N. Y.

PARAGRAPH 471—PEAT MOSS.

PARAGRAPH 471.

Peat moss, one dollar per ton.

PEAT MOSS.

MEMORANDUM SUBMITTED BY WALTER DURBROW, NEW

YORK CITY.

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A duty of $1 per ton is levied on all importations of peat moss under section 471 of the Payne-Aldrich Act. It is respectfully urged that it should be placed on the free list, and inserting after the word “Moss” in section 630 so that the section shall read: “Sec. 630. Moss, peat moss, peat-moss mull, sea weeds, and vegetable substances," etc.

Peat moss is imported from the districts of North Brabant, Limberg, Overeisel, and Friesland in the Kingdom of Netherlands. There are great fields of this material in these districts; the moss extends from the surface of the earth 6 to 10 feet, and under that the peat is found to a depth of 12 feet. The fields are first drained of the water, because in any given quantity of peat moss 27 per cent is water even after the drainage. The moss is taken out in blocks with spades and brought to the factories in flatboats. It is dried in the open air during a period of 8 to 10 months, cleaned and pressed in bales weighing about 200 pounds each. The peat underneath is used in Holland for fuel after being pressed in bricks.

Peat moss is brought to this country and has been imported for a number of years. Table 37 on page 364 of the “Tariff Handbook" gives the following importations in quantity, value, duties, etc.:

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Peat moss and peat-moss mull are used in the United States for sanitary stable bedding for horses and cattle. It is noncombustible and acts as a deodorizer. The farmer, stableman, and dairyman use it to keep the air and surroundings of cattle and orses pure and clean. It is a saving in insurance as well.

In the “Mineral Resources of the United States," published by the Government for 1909, at page 432, Charles A. Davis, the expert, writing the article on the production of this material, makes the following cominent: “As bedding for horses and stock, this peat litter is serviceable and desirable and should be more widely produced and used than it is in this country.”

There is a domestic production in the United States of peat used as fuel, but the only firm manufacturing peat moss stable litter went out of business about 1910. In 1909 at its works in Garrett, Ind., it had made up 11,000 bales, equivalent to 1,254 short tons, but somehow or other, not thriving, the concern sold its bogs, so that there is no domestic article with which this imported material competes. As a matter of fact, it can not be sent very far from the seaboard. Its average unit value, as seen from the table (supra), in 1912, was $4.94 per ton. The freight rate from New York or Boston to interior points is in excess of the unit cost per ton, except probably in car-load lots.

This rate of duty was placed upon peat moss first under the Dingley bill and has continued since. There is no home production to protect, nor a competing article which fills quite the same place in what may be termed stable or agriculture economy. It must therefore resolve itself to a question of revenue tax.

Under the McKinley tariff law the Government charged the cost of weighing to and compelled its payment by the importer; such cost was then 3 cents per 100 pounds or 60 cents per ton. This has been changed and the Government now does its own weighing, which, if these figures obtain, leaves a net revenue to the Government, based on the importation of 1912 of about $3,355. It must be remembered that there are about 10 or 11 bales to the ton.

A great deal is heard these days about helping the farmer and those in kindred lines to use sanitary and hygienic methods. If the views of experts may be taken, the use

PARAGRAPH 472-PENCILS.

of peat moss conduces to that end and makes it very desirable to extend the sale of this article to business stables, stock farms, dairies, and farmers generally.

It is respectfully submitted that the placing of this article on the free list will help very materially to its wider distribution and use.

Walter DURBROW, 160 Pearl Street, Borough of Manhattan, New York City.

MONTAGUE LESSLER, of Counsel,

31 Nassau Street, Borough of Manhattan, New York City. JANUARY 24, 1913.

PARAGRAPH 472.

Pencils of paper or wood, or other material not metal, filled with lead or other material, and pencils of lead, forty-five cents per gross and twenty-five per centum ad valorem; slate pencils, covered with wood, thirty-five per

centum ad valorem; all other slate pencils, three cents per one hundred. See Geo. Borgfeldt, page 5224.

PENCILS.

STATEMENT OF PHILIP BEROLZHEIMER, NEW YORK, N. Y.

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NEW YORK, N. Y., January 29, 1913.

Schedule N, Paragraph 472, Pencils. The HONORABLE WAYS AND MEANS COMMITTEE,

Washington, D. C. GENTLEMEN: Labor in the pencil industry in the United States is four times as high as in Germany or Austria, three times as high as in England, and about 15 times as high as in Japan, where some 40 lead pencil factories have been established since that Government has put a protective tariff on Japanese made goods, and our export business to that country has been lost entirely since then.

The Eagle Pencil Co. states that they pay to the employees in their London factory $3.48 average, against $10.72 per employee per week here for the same grade of work.

Importations have increased since 1894 nearly nine times (see Government Statistics, Exhibit A, attached) in spite of the fact that a German maker started a factory and three other new pencil factories were established in this country during the last few years; and the Japanese pencil makers are just waiting for an opportunity to flood this market still more with their products. (See Exhibit C, Japanese made imitations of pencils.)

Nearly all material in connection with the manufacture of pencils has to be imported, or transported for long distances subject to duties, freight, and profit to the importer. (See Exhibit B, attached.)

Graphite can only be used from Mexico and Austria. This is a great disadvantage as compared with the Austrian pencil manufacturers, who have the graphite righ: at their door, in the same town in which the pencils are made (Budweis).

Cedar is brought from long distances, from the Pacific coast and the Southern States, and is subject to very heavy freight charges. The farmer has always benefited by fair prices for his wood, whereas the foreign makers are now using a great deal of cheap wood grown in their home market with short freight haul. I refer particularly to German, French, and Japanese manufacturers, who use alder, asp, and German linden at ridiculously low prices.

Exports of pencils, as shown in the Government reports, consist in reality of stationery novelties, the freight rate for pencils being 333 per cent lower than stationery, which goes under a class rate instead of a commodity rate. Most pencils exported are seconds, shipped to Canada, Mexico, and Cuba. Export business, which is now done to foreign countries by American pencil manufacturers, is mainly done from England, where two American manufacturers, The American Lead Pencil Co., and The Eagle Pencil Co., have, during the last few years, established branch factories with a view of regaining some of the export business, which they have lost on account of the high labor in this country.

An ad valorem duty without a specific does not secure a proper amount of duties, inasmuch as the basis of valuation in Germany and Japan is so ridiculously low, that a

PARAGRAPH 472-PENCILS.

considerable reduction from the present rate would bring to the Treasury scarcely any revenue.

If you consider a reduction of paragraph 472 necessary, we ask you not to eliminate the specific entirely, on account of gross undervaluations and frauds which were practiced. I will mention one fine of nearly $40,000 imposed on a foreign pencil manufacturer, under an ad valorem duty, as published in the Treasury Department Circular No. 40 of 1896. A reduction in this case would not benefit the consumer nor increase the revenue for the Government.

All of the undersigned interested in the manufacture of pencils are entirely independent. There is no trust or monopolistic combination, restiction of output, division of territories, or any other entangling alliance, and competition is free and in full force. We therefore ask that the present tariff be retained. Very respectfully, yours,

PHILIP BEROLZHEIMER. Also representing American Lead Pencil Co., Hoboken, N. J.; Joseph Dixon Cruçible Co., Jersey City, N. J.; Eagle Pencil Co., New York; Eberhard Faber, Brooklyn, N. Y.; Essex Lumber Co., New York; Houston & Liggett, Lewisburg, Tenn.; Hudson Lumber Co., Chattanooga, Tenn.; National Pencil Co., Atlanta, Ga.; C. Roberts Rubber Co., Newark, N. J.; Lippincott Pencil Co., Philadelphia, Pa.

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Exhibit B.- Materials which we use and on which duty is paid.

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Hon. JEFFERSON M. Levy, Washington, D. C.

Dear Sir: This a petition to represent your constituents before the Ways and Means Committee on Schedule N, paragraph 472, pencils, the hearings for which close Wednesday, January 29, 1913.

We represent over 1,500 employees of the Eagle Pencil Co., located at East Thirteenth and Fourteenth Streets, in this city, which district you represent in Congress, and would say that more than 5,000 people are dependent on us directly.. We have always received fair wages, which are now threatened by a possible reduction in the

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