The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-14


controversy will not allow an appeal 70 the Su-
pTeme Court As these tariff questions are usually
finally disposed OF IN the District and Circuit
Courts, they necessarily require much preparation
been commenced, 81 of which have been decided
IN favor ot, and 81 against the United States, ~
dismissed, and one RENTED
From the foregoing, II appears that since this
office was created, 1878 suits have been lnsti-
tuted IN favor OF the Uatrd States, and ZIG against
it, maklng in all 1885 OF the az, 22l nave been
Determined IN favor OF, and go against the go.
vernment; S37 have been dismissed, and COZ re-
mltt. d, leaving 6, 66l sull uRd sposed Of OF this
number, it is believed, over five thousand com.
mcnced on duty bonds, have been discontinued by
Drsirct Attorneys, without reporting that faat to
this office. The amount sued tor is $25 $50 $40 TO-
The total collected, is 81, 1875, l60 So.
Since The estimates were compiled, returns have
been received from several clerks OF courts, in
pun suance of a new general rule, Of all pending
suits wherein the United States are parties. These
returns have developed the fact, that there are
pending many government suits which had not
been reported TO this office, while o. hers have been
finally disposed OF without proper return Hence
the estimates gwen can only be relied upon as
approxlmallng The truth, but not as giving the
exact number OF each class. Some of these errors
may, perhaps, be shargeable to this office, but
mostly to other sources. The new forms and IN
structioDs concerning returns, and the concentra.
tion OF all suits reported TO the office, upon one
docket, II Is confidently expected, will prevent all
future difficulties ut the kind.
PRoPERrY RgchIvED IN The CoLLEcrIoS OF DEBrs.
In the collection OF debts due to the United
States 1t ~ often cessary, to prevent loss that
the property OF the d. btor be bid in at public sale,
or that an assignment ct hls assets be received
This duty is confded by law to the Solicitor, UGH
OF which he Ia compelled TO perform through the
agency OF The District Attorneys and others, who
act In pursuance OF permanent regulations, or spe-
cia instructions ISSUED by hun. Heretofore, nu-
merous tracts of land have been bid in, upon the
resale OF which great losses have been sustained
by the government. Agents are now mach more
resuicied IN their bids than formerly, and since
June l, 1917, but one instance has occurred of
lands being bid In Tor the government
When entering upon the duties OF this office,
the undersigned deemed it his duty TO- dispose OF
all the lands then belonging to the United States,
controle d by him. The mode Of sale adopted, and
which has proved an advantageous one, was to
advertise, inviting bids for the interest OF the Uai-
these advertisements is hereto annexed, marked
No z IN the Appendix. On examination, the So
hector found nearly thousand lots OF land subject
to the disposition of this Office, some of which
were acquired as early as 1916, and all of which
were by HIM advertised for sale. These, with
some subsequently discovered and sold, have re-
al,ztd to the treasury about quarter OF million
OF dollars. large numoer OF assignments and
conveyances, made many years since, have also
been recently discovered, which cover real estate.
A thorough examination OF some OF these has re.
suited IN ascertanlng that the United States are
owners OF several valuable lots. This investing 4
ton 1t is designed to continue, and 1t Is expected
that anotheryear will be sufficient to close ali these
old land matters.
LpJupoMrNrs AND OTHER OLD DEBTS
The records OF this office show about SIX NIL
lions aud half of old judgments on duty bonds
alone, including those judgme nts prior to 1880. A
statement from the Registers office makes the
amount between three and four hundred thousand
dollars less This difference may be accounted
for by adverhng to the tact, that when the bonds
on which judgments were obtained were charged
(f.ll1 Ial
The aggregate of all other upsatlsfied judgments
Is estimated at about the same sum. making in
round numbers about $l3, 0O0, 600. To this sum
may be added over 81, 0OO 600 OF balances standing
known to be in Judgment, which make total OF
go, 600 900, due to the United States. These
debts have been accumuatng ever since the Or
gaDizaton OF the government. THIS enormous
claims is of but trilng value. So far as Is known,
the parties owing most OF 1t have long since been
dead. or have become ins0lvent. The greatest
possible vigilance by this Office, and those acting
realize anything from this vast amount of old
debt. From the occasional offers OF small sums
by debtor or his friends for full release
and discharge, or from some other person
for segment, it Is inferred that some of the
debtors have property when private vigilance
could reach. 1t Is respectfully suggested for the
cOnsderat ton ct Congress. whether it is not ex-
pedent to authorize the sale or compromise of
Such old judgments and debts as cannot be collect
ed by the ordinary process of law, after q trial of
a specified number OF years. This would greatly
relieve the records of the department of matters
which only cucumber and mlsead, without being
OF any value to the government A considerable
sum woHld probably be realized by a proper exer-
else Of such an authority.
GENERAL RULES AND REGULATIONS
Soon after this office established, the then
Solicitor adopted and issued general rules and re-
gulations for the guidance OF Collectors. Marshals,
h..t- Atszw I.,rI.
fed from time to time by circulars issued by the
Solicitor. A revision of these was made IN No
venber last. The new regulations are designed
to secure strict accountability. The commence
ment or defence OF suits, without express lnstrac-
ton from competent authority, Is forbidden. They
contain tull instructions for the prompt settlement
of accounts, and by them the protection of ali
public property under the care OF the Solicitor ls
amply provided tor. .tt.N
A REVISION OF THE LAWS.
The undersigned, whilst Ia the discharge OF the
various duties devolving upon him as one of the
principal law officers OF the government ha wing had
his attention particularly directed the subject Of
the 1mpere ctions OF the present statute law of the
United States, deems it his duty respectfully 10
call the attention of Congress to the great ne
ce.slty Of an immediate and thorough revision
thereof
The rule Is well settled in all Judicial tribunals,
that every person is bound to know the law. THIS
rule Is lnflexbe, whether life, liberty, pYSperty
Is involved He is bound to know all the nice and
subtle distinctions OF the common law, as we'll as
the rules that are most obvious and PLAIN. He is
also required TO conform his actions to the sta
tutes, whether plain or complicated and doubtful.
It Is no defence that they were unknown or mis-
interpreted The establishment Of and adherence
to these rigid, but necessary requirements by 60
vernment, impose upon them the corresponding
duty OF rendering their laws as PLAIN as human
agency can make them, and OF placing them with
IN the reach Of all who are to be governed and
centralized nv their pTOylslOns I,aWe which cam
not be understood without great learning and abl-
lily, do not command respect or ready obedience.
Those which are not founded in the obvious prin-
cples OF justice are not easily enforced, but fall
into dlsrepute.. The government itself, when it
attempts TO enforce them, becomes the subject OF
reproach, and Its authority Is not respected. Ju-
rors, not Judges often conform to public oplnion
ard defeat. their execution, whenever practicable.
This results not from an Intention to violate
duty, but from desire to do justice in spite OF
what is deemed unjust law. Jurors seek to
correct what they deem Improper Legislation;
and this they will continue to do. so leng as