The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-05-20

NiCted OF Bettng the I'd OF December
building the comerof Heva and Philippe Streets occupied
by Hardin grocery in which Otterson was employed
clerk have been each sentenced years at hard labor
ia the Penitenay James Pickett alias Jimmy the rogue
for breaking into the dwelling of Caroline Schultz with in
tent to kill was sentenced to two hard labor in the
Pententiary.
U. s. DIsT CoURT. United States W. r. and Tdrdos
This Court Saturday engaged in the trial of of
considerable importance both the Custom House Officers
and our importing Merchants On the 18th August last,
Mes and Tardos Of this city. entered the Custom
House 462 hafand pipes Burgundy Port Rousson
Wine, imported on the bark Qudtre Seurs, from Mar
settles, which at the time of entry they declared be the in
voice value of IA $50 francs in ALL The Custom House ap
praisers examination Of the same declared that the true
value was IL $50 francs and their report confirmed by
Merchant appraisers selected by the Collector in conformity
with the 18th section ofhe Tariff act of Aug 30, 1872 This
valuation showing of than per
the invoice vaue the Collector according the provisions of
the law, proceeded levy the Wine additional duty
fifty centum-the total of duties exacted by him
thus being $214 which the claimants, Mesz Tardos
refused to than sl060-the amount payable
the presumption that the Wine had been fairly nvoiced
hence the present suit by the United States the
balance claimed by the Custom House, 1904
The issue thus raised between the parties up for trial
Saturday before his Honor Judge McCaeb. and Jury
of citizens.
Ere the empanneug the jury the u s. Attorney raised
point for the decision of the Court the following effect
That nasmuch in the first proviso in the 18th section of
the act of Congress- it enacted that the appraement deter
mined in the therein forth shall be final and
deemed and taken 10 be the true Uatue Of the goods and the
duties be teued thereon accordingly; and further the
Respondents herein had awaited themselves of the privilege
therein accorded them by expressing the Collector their
dissatisfaction with the appraisement made by the Custom
House appraisers and requesting the selection according
law of two discreet and experienced Merchant appraisers
examine and Feapprae the goods they the Respondents
were precuded from bringing any evidence fafy
the SAID apprasement to that the foreign market
value of the Wine in question other than that deter
mined by the Merchant appraisers selected.
The RespOndeDtsi commended
tenton OF the awmaker in framing the provision in question,
to debar the claimants from asserting therngh in of
justice and throwing themselves the country issues of
fact that such the inenton it would give rise the
most arbitrary and unjust exercise of Judicial power by Gus
tom House Officers and eectuay destroy the trial by Jury
that further such point insisted on
would be incumbent the government to show that its Off
GERS mad taken all the steps prescribed by the law for
tanning the real value Of the goods sezedta they had really
selected discreet and experienced Merchants familiar NTH
the character and oaiue of the goods question, make
the appraisement, &c
The U. q. Attorney urged that the importers were not
compelled to submit their to Merchantapprasers the
law merely stating that they give notice to the Collector
Of their dissatisfaction; bat that having chosen so to do they
could not now plead that they bound by the decision
of such appraisers Further that the duties prescribed for the
Collector directory clauses of the law not to be
srued as conditions precedent to the enforcement of pro-
visions.
The Respondents finally agreed that the terms shall be
final and deemed and taken to be the only value of the
goods intended apply only the action of the Gus
tom House Officers, and preclude claimants from
proving court of compet jurisdiction that such officers
| or their selected agents may have been mistaken.
The Court in giving its decision conceded with the views
taken by the Counsel for the Respondents and remarked
law of Congress affecting the rights of claimants of proper
y seized in the Custom House could properly be so construed
as to give the Revenue Officers full power determine such
issues of fact should be proven by witnesses openly exam.
ined before Court and Jury. therefore overrued the point
raised by the u s. Attorney and admitted evidence to prove
| the foreign market value of the Wine.
On submission of the Jury they brought in yer.
dict for the Respondents.
The u s. Attorney gave notice that he would move for
reheanng Of the point raised by him.
L. Hunton, ESD for U. States Messers Jann TAYLOR
for Respondents