New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-05-09

ofihe laws DO k-ov Of ANY authority Of law
practice by which tho $50 vas d.inanei Of John az
lor r. demandcd by Mr. Butler, but by
Mr. oyt for him. a. seiore stated nor dli VIZ Buuer'n
nv District Attorney. eonon OF Ms ss-~n 70
any compromise but they we're conditions made by NJ
Hoyt and The sums named by HIM. which IN my Judge
nesi were erirssagasuy high
Whether ii required " lecture from Mr.. Hoyt
to induce Mr. Butler to receive these fees, which
he had exacted from the importing merchants with
ont the authority of law. must be left to inference;
bot 1t Is certain that be- did receive them and passed
official rceep ts for the Tho enormity OF the
bills Of cost rendered against the Government by
the District Attorney. and other officers otihe court.
may be seen by few examples, which are selected
from ia" great mass vi others of a similar char
acter.
In 1852 a; the Jure Term of,he District Court the
costs On one motion or judgements against Lee,
Babcock Co. ~ bonds. amounted 81 go ~
On the 2jth OF the sane month, one motion for
Judgements again't Gibson, Post Gibson, on
- 81 81
On the .., September OF the sam- year. on one
~ bond. NEUTRALITY-SUSPICIOUS.. sa752
ANS, el,son Posi- / Z; .'.,...... s5is4
r lee Co On y bond, .....'............ 2,544i
u b.. .an,e hou.e on u bond, 3s5s u
On the 8h Of April l8i0. one motion against Fraa-
81 bond. S,ls7 s.
.on. on I6 bond. lS14 10
against Nelson J. Eli,t aud Reuben Elliot,
aomb.r OF bond. not named .............. l,z7e Il
Without going further Into the enumeration ap.
resrs that on II motions iOr Judgements. on ii
bonds the amoun, OF costs charged to The Gov
eminent 4ooo' "
Not one dollar of which was collected from the
the defendants. In relation to portion OF these
bonds correspondence took place between the
7, Az H., =, -
~. An extract is given below from the letter OF
Mr. Butler to Mr. lIoyt, which recognizes the III
.,ruc,ion. Of the Solicitor the subject. and asks
information from the collector relative to the sol
vency Of the oLligor. in these bonds, Mr.. Butler
says:
"U 3 DISTRICT ATTORNEYS OfFIcr,(
NEw-NoRK March Is. 1910. :
Sir: have received tie Solicitor OF the Treas
ury a communication the subject of the practice which,
you aware, has always existed IN This district OF
bringing separate suits on Custom House over
for collection NJ the same time IN winch he n,iructs me a.
follows From the .escra convenience that results from
several suits am wsg that you shaul. continue TO pro
coed according 10 the usases oi NE occ win n' pu
cation that you have reason to believe mat Tie sum
due upon several bonds, which may be Joined ~ ore sui
together with the costs. will not be Collected you VI" rom
them in sr Unless there be some good reason 10 the
contrary that the cost bills may be reduced az muen as
possible In order To enable me 70 Apply .nls suue."n
10 the cases of the extended bonds o NeNon j. fliou
Co. David n. Lord ami Edwin Lord Co recently handed
suit be- leave, IA the absence OF s'y hSuon
in my own possession the subject, To inquire OF you
whether the any ot them. IN your opnhn, come
"a thin the ruls stated by the Solicitor"
To this letter Mr. Hoyt replied: ." In answer
IN this inauiry have to state that, from my know
edoc of the affair. of the firms referred 10, en-
terrain no doubt that every dollar of their indebted
ness to the United States, and al expenses thereon,
| will be collected" Without comment On the mo-
raj rule adorred by the Solicitor, and recommend
ed t. the district attorney tn multiply SUITS tor his
own cmolument and for the benefit OF the clerk
and marshal, BY an accumulation OF costs, proyI-
dcd the debtors to the Government are solvent,
otherwise to limit himself To one suit on all bonds
against the person or firm, 50 as to lessen the
costs against the Government, it will suffice To re-
mark that the assurances given 10y the collector To
the district attorney in this case, were utterly with
out foundation, each and all Of the defendants
proved insoiveni, and the costs taxed and paid by
the Government, amounting to near s6,oO0, has
| not been collected from the defendants, and was
clear loss to the Treasury. The privilege granted
by the Solicitor to Mr.. Butter, to bring separate
suits on revenue bonds, and thereby increase the
amount of his fees, free y used, and resulted
in the necessity of large advances from the Urea
sury to paw costs incurred in tins manner against
/ insOlycnt debtors.
The practice of the Collector, which has been
before referred to, of making seizures, with or
without cause of small parcels of goods, which, in
almost every case, were abandoned by the owners,
a. the cost of claiming them in Court would be
greater than the value of the goods seized, has
been productive of benefit only 10 the officers OF
the Customs and OF the Courts. while the Govern
ment has been compelled, in some cases, to pay
bills of costs transcending in amount the proceeds
Of the goods condemned. The following table will
show the result Of fourteen oasss where judgement
was entered by default which is given speci-
men of the trifng sum gained by the Government
in such prosecutions, where the United States
succeed in obtaining n verdict Of condemnation
rnin.t the .nods or iudge mnnt Is taken by deinult