The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-14
IMPORTANT LAW PAPER.
The Coditieation of the United States Laws.
OFFICE OF THE SOLICITOR OF THE Treasury,
February q 1919

through you, tn present to the consideration OF
Congress let view at the operations OF the office
Oi the Solicitor Of the Treasury, from it's orgtnlza-
ton under the act Of 29h May, $780, to the present
time.
Previous to its creation, portion OF the duties
now devolvng upon II had been performed by
special agent who was appointed by the Secretary
OF the Treasury.
BY virtue of The act above referred to, the Socl-
tor Of the Treasury has control OF all suits of
civil nature, Including prosecutions tor fines,
penalrit and iortetures, ''exce debts to the Post
Office department, and penalties aud forleltures
Imposed on postmasters, tor falling to make re-
turns, or pay over the proceeds Of their Offices.
DlsucAttorneys, and others hav lag charge OF such
suits, are subject 10 such special directions the
Solicitor may give, aud also to general rules estab
hshcd by him, with the consent of the Secretary OF
the Treasury The Solicitor is also authorized 10
request the advice of the Attorney General, in rea-
ton To the . manner OF conducting suits, proceed
lDgs, and prOsecutlOns; and, when he does ga, the
directions OF the latter are to be followed by him.
The official duties Of the Solicitor do not, how
ever, extend to criminal CO SEES OF any description
These, except when brought to the Supreme Court
on certificate Of division OF opinion by the
Judges OF the Circuit Courts under the exci-
sive coatrol OF the district attorneys, unarded by
the advice or assistance OF any other officer OF the
government.
Owing to the practice of giving credit for dutes
there were formerly more suits commenced aud
reported 20 this office than at present Suits on
DUTY bonds, however, required less attentloa by
the Solicitor than those which were the subject OF
deiences. The number OF contested suits has In
creased
The suits in which the United States are parties
may be divided into five classes, to witt
I.rHosE CoMmEseED ON TREAsURY TaArscRPrs.
These against deiaulteis and others against
whom balances may be found by the accounting
officer; such suits instituted at the request OF
the first second Comptroller, by direction Of the
Solicitor whose duty 1t Is TO examine the docu-
menrary evidence In the respective Gases, prior
its Transmission to the District Attorneys to ascer
tain whe Their 1t 10 IN conformity with law. The
solicitor also indicates to the District Attorneys
the from whence other he
drawn, and the principal steps to be taken prepa-
ratory to aud on the ,nal. Such cases often re-
qulre critical examination OF the law OF EVIL
dence, and the construction OF statutes, and the
preparations for their trial often involve much
labor. AS an illustration, it may be mentioned
that there 10 now one suit pending, In which thlr
teen large trunks filled with statements, accounts,
and vouchers, have been more than once sent from
the Treasury Department tot dl slant city, to be
used, II necessary, on the trial.
The records OF the office show the Institution
of tour hundred and h'tv.sx SUITS OF this class,
brought TO recover $r7, l69, $50 IS. Two hundred
and eighty three OF these have been decided In
favor OF the the United States and iortyve AGAINST
costs, is 81, 1861 g. (Rhode Island Is the ouy
State In which nonsults have been instltu,ed).
The number of suits instituted against banks is
twelve. The amount claimed 10 81 ,S9i 81
The aggregate OF collections is 81, l4S, 7l2 10, in
GLIDING Interest
2-Svirs INSTITUTED TO Recover FINES, PENALTIES,
FORFEIrUkEs
These are mostly commenced by direction of
the collectors ot the customs, tor violation OF the
revenue and navigation acts. They are reported
to the Solicitor, and are under HID direction. In
their progress. he ls often called upon 10 to exa-
mine and express his opinion upon various statu-
tory enac,meLts. many OF which are of doubtful
construction. This forms IN important and labo-
nous branch OF his duties. Whenever, IN the
exercise of his discretion, the Secretary RENTS
fine, penalty, or forfeiture, the necessary insIruc-
ton for that purpose is gwen by the Solicitor The
aggregate nun, Der OF suits instituted to recover
fin. prna nnd fortpItuYea a z 9e7 or
1867 have bee decided IN favor OF, and 355 against
the United States 425 suits have beea dismissed,
and 4s9 RENTED. The amount Of recoverIes tor
fines and iprnalnes appears to be $g9. TAP Al, OF
which 3d., SGT 09 has been collected. The amount
realized to the United States from tofetures Is
$6l2, $50 0S. Total collections, $647,Sl7 IL.
3-SuIrs DUTy BoSps.
The whole number OF suits brought on duty
bonds is 8,440 Of these 1862 were broug ht ia
the State OF New York, l,49s In the States north,
and $50 south OF that State. OF these, 2,7l7
United States These suits were Instituted to re-
cover $6,ls9,l97 81. The amount collected is
1929, 100 81 The number OF suits dismissed ID
2yI, snl l42 remitted. Nearly all the rem aiming
suits OF this class Understood to have been dis
continued by general order OF the Secretary OF
the Treasury, and BY virtue OF certain acts of Con-
gress, without The fact Of such dlseoatlnuance
having been reported to this Office by the District
Attorneys. In addition TO the duty bonds In suit
or Judgment, there are many old bonds which
have never been prosecuted. The books Of the
charged against the Collectors duty bonds (some
IN judgment add some neI) to The amount OF Co.
1876 eos "a: many OF these nearly hall century
old, 81 are vaIut less
The Collectors are ueblted with these bonds on
coming into Office, and credited when they retire.
This useless iormallty produces, In the published
statement, deluslve exhibition OF means in the
Collectors hands, equally vexatlous 10 the Colec-
tors, and locompie hensble TO the public.
l-Suirs AGAINST THE UNITED STATES Rrco-
vsRY OF LANDS UNDER THE Aer or May 26rH 1921,
EXTENDED THE Act OF JUNE 17rH, 1874.
This class OF suits is conhaed to Louisiana,
Florida, Arkansas, Alabama, and Mississippi.
The whole number In each State, and the guam
tty OF lands, directly or indirectly involved, Is
ma. OF these, 80 were decided Ia favor Of,
aud AZ against The United States In l. ,u-
isiana eleven out OF gthlrtern have been deter
. 'ued against the government, six of which have
hs.u ,. moved 10 the Supreme Court. The qnan-
u,v of laid claimed IN all these suits, excluding
those tracis, the contents o, which are not stated
IN the pruilou is about 5,l27, ll9 ac.es, ana !; IS
estimated that those tracts no,use aoout 900 900
acvts max ins IN all, TO- l27,0i9 acres. There
are still ,ndtg l42 cases. all except two OF which
ARE in LOUISIANA These suits embrace about
yG20,5gA acres Indirectly the quantity Involved
is suppose TO be many millions more. The land
In hiipatou in the suits is OF very great value.
Same portion OF il is IN high state O cultivation,
ard has le-n long held under title supposed TO be
GOOD. Some OF the occupants derived title from
In. United States The government enters upon
this Kind ot litigation at very great disadvantage
The claimant takes HIS own tune TO preaare his
case, and institutes his suit, when he believes 1t
10 be in such condition as will enable hun to
recover. Prior tn It's commencement, the United
States know nothing OF mis- intentions, nor can
they easily learn the facts winch are to be urged
sgsinst them. The testimony that may exist IN
favor at the government 10 often unknown to any
Of no officers. Except what may be derived from
the general land office, little information can be
obtainrd Hence the trials SO often result in favor
OF the claimant.
These cases usually involve the action of the
French and Spanish authorities, and the laws of
those countries as well AS the codes ct procedure
IN the States where the lands are situated, and
they therefore impose laborlous aud compllca
duty as well upon the Solicitor, as on the District
Attorneys. A single land case has IN some instan-