New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-01-07

The intrinsic difficulties in cons,rtng and enforc.
Ing many Of tbe provisions OF our existing revenue
aid collection laws and PARTICULARLY those lsyylng
ouree on imports, have given rise TO m ilii.
plicity OF suits against the collecting OH cers, and
often, NJ der the prdcnce OF indemniylag collectors
sho seem to have acted II good faith, the United
states are subjected TO heavy bulls OF costs
In many instances such suits are not really neces-
sSfy 70 procure redress for the party assrieFed, as
fenei mig III generally be obtained through an appli-
cdIon 10 the Treasury Department.
BY the gam section OF the Tariff act OF 1912 II s
maze tne duiy OF Collectors and other officers OF the
tusomsto execute and carry Into effect all inst'uc
,tohs OF .ne secretary OF the Treasury relative 70
Is conclusive ard binding upon them A proper
protection Of the officer, as well as 10 prevent the
unnecessary accumulation OF costs, II Is respectfully
suggested that some provision be ma le 6y las 10
prevent the institution OF suits agans, ectors for
their acts IN executing the revenue and COLLECTION
laws until an application shall have had been made
10 the Dep irtmeIt for relief and denial thereof pre-
scrIblHg some period within which such Application
and decision by the Departments shall be made.
Such provision would seem the more eSpedien.,
inasmuch as the Department cannot IN many cases
exercise the power conferred by la n IN advance.
and not even on an appeal from the Collectors
decision without delaying the business OF the
importer and the Government Many cases OF
this character arise IN distant sections OF the
United States. when such necessary delay would
often prove serious de.rimert TO all concerned.
The parties would thus save all their legal nights in
any event. and the Department could oiten prevent
''tN nNNNSSAt osAO Ca W " auotuAh5
relief
In ADDITION to such provision, 1t is also re.
speotfuy suggested that some regulation should be
made by law to costs In suits against public Off
GERS under the revenue and collection laws, and
also TO enable the Department 10 bring up such
cases, for final decision, to the Supreme Court,
whatey er may be the amount in controversy. Such
a process would settle the law In such cases and
thus constitute the rule OF administration and prevent
much expensive litigation. Suits involving the
same principles are often upon the docket az the
MOI time apHf M ms mo In he
fcient to control the disposition of all. Some adj
dltloDa powers 10 enable the court, IN cases invov
ing The same construction Of law. TO consolidate
suits against Collectors, whether instituted by the
same or different parties would answer all the pur
poses Of justice, and prevent the unnecessary null
Ihca'on OF costs Ii is also respectfully suggested
whether the provisions OF the act OF 2si July,
1873, AN Act concerning SultS and Costs IN.
Courts OF the United States" might not oc extent
ed or modlned to suits against public Off
GERS for acts under the revenue and collection
laws 10 maize some fixed and SPECIFIC reg Nations
lin irire the allowance and amount al CO Is Under
the provisions Of existiog laws. pl tntfs within the
same State with the Collector may commence suit
against HIM in State Courts, and the defendant, by
petition 10 the Circuit Court can have the SUIT re-
moved and entered on the cocket OF that Court As
the defentan IN such cases Will doubtless or nariy,
If not always, avail himself of this privilege, II IS
suggested whether such suits might NOT properly De
required to be brought originally in the Federal
Courts, which would ne no additional disadvantage
TO the plaintiff. and would prevent the unnecessary
accumulation OF COSTS.
IL IS desirable that tho numerous laws respecting
the navigation and commerce OF the United states
should undergo careful revision and arrange nent.
These enactments have been accumulatln5 Tor more
than half century. and many of their provisions
are complex if hot conflicting. Others are still I'M
repealed though they have long been nappllca To
the condition Of our commerce, and Of the country.
4 repeal Of obsolete and useless PROVISIONS and
proper Arrangement OF the residue under approprI-
ate titles, with udicious amendments and addi-
tons, and the whole comprised wlthin a single
statute or connected serits of statutes AS TO be
readily referred TO and understood, would be meas
ure OF great public utility, promote more uniform
and faithful administration OF the laws, and afford
more certain protection TO the Interests OF the Gov
eminent and the commercial community.
fuIther legislation IN connection with portions OF
our commerce is undoubtedly necessary Oar coast
ing laws. however and useful IN the infancy oil
the country contain many provisions stu IN force,
which III consequence OF the incre ised facilities
which ste Jam offers for transportation By land and
water over eur largely extended territory, are
not only totally useless, but impose vexaiious
and embarrassing restraints on the coastFise
and interior commence withou. furnishing any ade-
quate security to the puoc revenue. In conse-
queDCe of this state of the laws importers are often
obliged, at 40 inconsideTable expense, TO intrust
their business with the Custom Houses to agents
supposed to be well versed therein and the diff.
Guilty on the part OF the officers Of the customs as well
as importers OF correctly understanding and apply
ing the provisions OF such complex mass OF legls-
laon gives rise TO frequent and expensive litigation
sugments the business at the Custom Houses and a,
this Department, and gives TO the operation OF the
law that uncertainty which II is the duty OF every
wise Governments to avoid. Respectfully,
THOMAS CoRwIs, Sec'y. OF the Treasury.