The republic., 1852-01-07

enue and collection lave. and particularly those
levying duties ON imports, have given rise TO mul-
tplicity Of suits against the collecting officers; and
often under the practice OF indennying collectors,
who seem to have acted in good faith, the United
States subjected to heavy bills OF costs.
la many instances such suits are not really ne
cessary 10 procure redress for the party aggrievcd
as relief might be generally obtained through an
application 10 the Treasury Department.
BY the oath section Of the tariff act of 1912 II Is
made the duty of collectors and other officers OF the
customs to execute and carry into effect all insruc
tons Of the Secretary OF the Treasury relative to
the execution of the revenue laws and his decision
is conclusive and binding upon them. As proper
protection OF the officer, well as to prevent the un
necessary accumulation Of costs il is respectfully
suggested that some provision be made by law TO
prevent the institution of suits against collectors
for their acts in executing the revenue and coec'
ton laws until an application shall have been made
to the Department for relief, and denial thereof,
prescribing some period within which such appii-
cation and decision by the Department shall be
made Such provision would seem the more ex-
pedent nasmuch az tho Department cannot in
many cases exercise the power conferred by law
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
Union, where such necessary delay would often
prove Of serious detriment to all concerned. The
parties would thus save all their legal rights In an
event, and the Department could often prevent the
necessity and expense OF litigation by affording
relief
In addition To such provision, it is also respect
fully suggested that some regulation should be
made by law TO costs in suits against public ofli-
under the revenue and collection laws, and
also To enable the Department to bring up such
cases for final decision to the Supreme Court.
whatever 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 involv-
ing the saNe principles are often upon the docket
| IN
be sufficient to control the disposition Of all Some
additional powers TO enable the court, in cases in
volving the same construction OF law, to consoli-
date suits against collectors, whether instituted by
the same different parties, would answer all the
| purposes of justice, and prevent the unnecessary
multiplication of costs. 1t is also respectfully sug.
! gested whether the provisions of the act Of 22d
July, 1913, "An act concerning suits and costs In
courts Of the United States" might not be ex-
tended, modified as to suits against public offI-
for acts under the revenue and collection laws
as to make some fixed and specific regulations
limiting the allowance and amount OF costs. In
der the provisions of existing laws, plaintiffs
within the same State with the collector may
commence sui; against him in State courts,
and the defendant by petition to the circuit
! court, have the suit removed, and entered on
| the docket of that court AS the defendant in
such will doubtless ordinarily, If not always
! avail himself of this privilege, 1t is suggested
whether such suits might not properly be re,
| CURED 10 be brought originally In the Federal
courts, which would be no additional disadvantage
to the plaintiff, and would prevent the unnecessary
! accumulation OF costa.
Ii is desirable that the numerous laws respecting
| the navigation and commerce of the United States
! should undergo n careful revision and arrange
ment. These enactments have been accumulating
/ for than half century, and many Of their
provisions complex, if not conflicting. Others
are still unrepealed, though they have long been
| nappGcaDe to the condition OF our commerce, and
| Of the country repeal of obsolete and useless
provisions, and proper arrangement oi the resi-
due under appropriate titles, with ludicious amend
ments and additions, and the whole comprised
within single statute, connected series OF stat
ues, so to be readily referred to and understood
! would be measure Of great public utility, pro
mote a more uniform and faithful administration o
| the laws, and afford more certain protection to
| the interests of the Government and the CONNER
cial community.
| Further legislation in connexion with portions
! vi commerce il undoubtedly nec' ssary. Our
eoasting lave, however wise and useful in the in
fancy OF the country, contain many provisions still
in force, which, in consequence OF the increased IA
| cties which steam offers for transportation by
| land and water over our largely extended terri
1 tory, not only totally useless, bot impose vex
] atious and embarrassing restraints on The coast
! vice and interior commerce, without furnishing
any adequate security to the public revenue. Ii
consequence of this state Of the aws, importers ar,
often obliged, at no nconsiderable expense, to en-
trust their business with the custom houses e
agents supposed TO be well versed therein; and tn,
difficulty on the part Of the officers Of the customs
/ as well as importers, of correctly understanding
! and applying the provisions of such compile,
mass OF legislation, gives rise 10 frequent and ex
! pensive litigation, augments the business at th'
custom houses and at this Department, and give
TO the operation Of law that uncertainty which !
| 10 the duty Of etery wise government TO avoid.
THOs. CoRwIN,
Secretary OF the Treasury.