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IMPORTED HORSES HELD FOR DUTY. New York. April 5. Crowing out of the importation of five Kuglish race horses that arrived here last week on lioard the steamship Minnehaha a question of importance to horsemen has arisen in relation to the payment of duty on registered animals consigned to a citizen of the Cuited States but not actually owned by him. The law permits registered stallions and mares to come in free when the "importer" is a citizen of this country, and the question as to who is an importer within the meaning of the law Involve* about ,200 in this case. By arrangement made between F. C. Benson, of I»ndon, and S. L. Frank, of New York, Mr. Benson shipped to Mr. Frank the well-known race horse The Battler, by Clonmcll. out of Rhoda B. dam of Richard Crokers Derby winner. Orby. and four other thoroughbreds to be sold here for racing or breeding. Mr. Frank did not purchase the horses outright, but agreed to sell them and share the proceeds with the Kuglish owner. When the animals arrived the customs authorities demanded payment of duty, on the ground thai Mr. Frank was not the "imiM.rter." but merely the agent of the British owner. Kronfcld. Saunders and Co.. custom house brokers, advised him not to pay it. and the case will go to the treasury department for decision. If the ruling there is against Mr. Frank, he will, he says, carry it to the courts, his lawyers. House. Grosman A: Vorhaus, having advised him to do so. The brokers say that in all their experience they nver had such a case as this one. There is no dispute as to the fact, but there is a big difference of opinion as to the law, due solely to the fact that Mr. Frank is not the owner of the horses. It is admitted by tt,c customs authorities that if he had bought the animals from Mr. Itenson they could come in duty free, and it is conceded on tite other hand that if Mr. Benson himself had brought them over he would have had to pay the duty, just as Sir Clifford Sifton had to pay on all the Canadian show horses be told by auction at Van Tassell ix. Kearneys last year. The Battler and the others consigned to Mr. Frank are now in the custody of the government. where they will remain until the question at issue in finally decided on bond given to cover the amount of the duty claimed. Meanwhile wise horsemen will act on the safe theory that it is not enough to have horses consigned to an American citizen when imported from a foreign country. The importer should be able to show that he is also the owner. i i i t ■ • 5 - I . I • J • . I i i ■ 1 . . c 1 - J
