New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-13

srd r h. I.nrd ANYTHING Ike that distance if at all
board steentoa in motion The Bay State vas MOVING
mimic. and wc re quite well satisfied that under these
crcrrstfIfts ii horn could have been heard at al IL
could n,., IL tro, upon any reasonable caieul'on u
have materially Influenced the result.
The point was pressed in the of the Europa that tine
Charlie Bartlett; should have blown fog horn rung her
ben at short intervals and that she therefore in a
for This neglect But the omission direg ariei by Df
Washington and the Trinity Masters and apparently 20 Ter
o. we learn the report OF the case on the oad
that thee precautions would have been useless from ne
noise of the Europa while under way ~ Eng L. n FL
s57 Barton Ed must therefore reverse the decree
beants and that the be referred TO the CeIk 20
take proof of their damages and loss Oy reason 81 W
collision.
IMPORTANT DECISIONS II ADMIRALTY AND EQUITY
Zobedee Bing and Others - Hugh Maxwell 90
NyLsos C. J.-lhis bill is fled By The late Naval ON
ce and snrvo yor othe Fort New York their
share OF ocen moneys received by the defendant Co,
lefor under the Tariff Act Of 1916 which are claimed rs
penstt and noety therefore distrbutable % ne Col
iecior Naval Officer and Surveyor under The act Of 79o
The ecih sccon Of the act OF 1886 provides that II The
apda value file goods entered shall exceed the n
voice value per cent ar more then n addition 10 thc
du IMPOSED by law there shall be levied AM c0lecte
duty ciweniy per cent ad valonm on such oppressed
value The deie ndaut has collect some $4,000 under
his section moiety # which il in his hands Inc 9lst
section Of the act Of 79g provides that au ne penalties
abd forietufe recovered by virtue OF his ao, &c sai
be diydcdn equal proportions between he Collector Va
val Officer ana surveyor and the mfieslal question II
tie care i whether not ha additional duty of twcntyper
cent ipltstd rnd.r this section Is 70 he ...arled as
"Jena" inflicted upon the importer, and d 'dluia9le
end.r the aforC said The question ~eerfed 10 the
late Attorney Sem a Dir Cri'tenden by the then Secre
tary ollie Treasury Mr. CorT nl who after careful aad
elaborate cxam Of the several aes 81 C9ng bear
ing on the subj 4 aivoda the coDclsiolhA' '' az
Az drtcs be regarded IN lie nature OF penal
;ifs and distritutahe among thee oiGeS and the y re-
terv al the Treasury directed tho dstr On accordingly
~ ,,s, had Leen retained by the PENDANT with he
consent ofte Secretary .endins the deer ION 81 the quo
iiop and was IN his hands at the time e oni9r vas gwen
for drution: but before the distribution was actually
made and lille the fund thus renal ie1 III ms ahn 'i3
present Secretary. sir Gulrc dferln- ~ opl'n tom
lii Iroo cessor the b March last count ndet ne
order for dist button an subsequently dteto- thIi tle
,oneys slould be paid INFO the tr-fsnf. Inc Obc' 81
lie pfe.el Proceedings before me Is 10 obtain IN iJnc
ton cuionng the defenCant against pln over IN iind
nu he rights Of The raj parties ng 57H be u
d;c;nv fetcd I not called upon, therefore, To tx
lross defnve opinion upon the man question involved
Int simpy 10 determine whether no: sufficient grounds
have been shown to justify The brEgng OF me iund NO
cour and etonton OF tito abide the lai hearing and as
position of he As already state the main question
turns uICn construction OF the eighu ~eioh o. uis rex
of 1886 which enaets that il the appraised value OF t1c
Goods entered shall by per cont The in
V.icc yalue then an addition o III. duties imposed by
Law ON tho same there shall b. levied collected aIl
maid duty Of 20 per cent ad valoom Or such appraised
value" The FIST revenue net in which tbs provision
found is the act Of 1870 II II provided thai
if the value at which the goods should be al"
PRAISED shal exceed by twenty per cent the invoice
irce tLen in addition To the or twenty per cent as
the case may he, there shall be added my Pc coh on
tbe apprased value which aggre- alto amount the GA
a. dn such Goods w,res and nechaudse shall be esii
INA ed The iouro tion provided that one m)e'
ofhe duty rrug The ad tiynol MY percent sl all
he distributed the Collector Naval Oce aud SdrNc."r
under the act OF 1899 The act cd $50 sec 49, zO con
tanned similar provision aui substituting the sane ~ le
act of 1855 Soc Q. The principal d. cha4ei ia the ~
of ls0 (socs. ard In goods lHiet i ,se oi il
vylna.on n act of l5i2. T. returned 20 he princi
ne ofthc previous acs Of ir-, i--3 - ana Pf"F'ed
het ,yIcc he appraised aue exceeded vs. ten per cont
or more the invoice clue then. I'm ada ION I, The da
.:,..d b, Jaw Oh the sumo there shah be levied and
D. ~ - o. q 4
"vlcn fairly uS diced Iii act dit not 81 term d''i'
lmio In.icly DE additional tuti among ihe se'efa,
,0,cfs; hut .ec .t Oy .oacr prov lslon, ne)ipoIl'cl
within Il a e'' laNs .gl the collection % due-' ah'
the recovery distribution, end ~ ?t 81 n'':
and foic;uis ard rndcr i,s a, b una rs'""a mar
moiei, OF he aidificua dri distributed = Ghi-ft2
sarer1 ur,,i, r. acts eale asd and which cord navf
beondoi ony upon tho ccuu the additional ddt wa
10 be regsrdt as rosed the natno o. anafy nPonthe
i,nuoicrs Oh account of ia-e invoice, an therefore
within the ninety first section Of IT, act OF l7y9 linen
comes the act in question OF 1870 The material part OF
which has been lreadl rected Ii vi" DC seen ha' ms
provision is Substantially the same as tnat ~ INC se'fl
ieu section 4 the act of 1872 and ol the previous act'
mentioned and iollOwing out the Pdelca eoilstFueto
given 70 the act Of ls4s as properly war ansd :. 0.
6Meul, 20 Distinguish the present act N TIA respect from
that this the same a. the nc, OF ia! does
not IN ,on. provide the distribution among the ON
cers but the twenty sixth section OF tho act OF 1872 In
in jul force and operation aud i authorized The dr
LUTON under that act il difficult to say that II does not
under the present II the additional duty was pc
na'tv imposed 'he importers uner mat Lrt therefore
d.iilutabe uLdCr tie Of 100, Il 90 lly p-nai
under his Of lsit But assuming h to be PENALTY ane
rrouory dstrhrtable under ihc act Of :. StH l. N (
tfai the distribution ha@ beer proh ted luce t"cap ~
at of nth February. 1916. 10 s. ~ lar l. 81 nc .aTt
section euacts THAI portion oi the additional dutse
provided by The .h section Oft Of l.i- hi
be deemed fine o. Eelty or cTI urc fer me purpose
being distributed to al, officer Of the euston- =
This clearly enough cut on the rther distribution unde
the ret of i. L. m insisted, hcsLver IN answer % tn
TINT the present tun act which was passed some nv
months subsequC. duly SCI repealed this psFt % tn'
seyenleepth section having adoried and dfsfen
plovson in restion 20 the additional duty imposed a-
that this third section of tie at Ut FebruTy II Deeef
fell with Il and consequently that as respes ti'' fie-toi
of distribution the 'srh act OF ls stane' I'm
footing ar .hat of 1872 before the passage of e act OF IN
nth February This is :he yI.T taSer By IN Attorney
General in the opinion referred to NhoN. PuisuirS IN
case on the present motion further .,y say ihas me
state Of the tbs That sr ete at oil Ia aad 0)"
a. tbat of the nth rehrrar. lslc period Of SOM
twenty EIGHT vcars the additional III .e. imposed -
H. irirorte for false invoice have been regarded
,sna.s and mo,a;y distributed sn,on- The oh es NET
o,.d ether nv tietar in ters - by reference
he sct If l7oa lie Get II Ilih February, 1916 iecar
ha. these addit. 1na dues, rcdet sor n TIE even
.lth section of til ac Of lsi. sLonW Aot o. ,-.e
renples for the purpose e i- di:rbu,on aud dire,te
III ~ 70 BE- paid into the Treasury od fJr - hsi t5
- the distribution ainoug these Officers and Il en-
lec,pstrued rs apples bic 10 III pres = trr aet 'ne:e
a.. couree no qneFt.OA n the case. BIT, II the '".
rreseu;ed bv lie counsel for tho cOnplaLsais ar. ~!
zion. ~ take out Of The pEynD-1 iN OF lir 10
Tehrrfrv then IS no; dstn. usnl q Z frpn the c..
Issa. ard according tie -riccGi con-irueLip. I'VE
to that act Il rsutanatc tn officers ''s eni.' % Z.
d itut'on under the present act -" OF ore % =.
rrd IN IN, ticn There another nGe@clHt D. ~
rours.I To- conrlsnants thet deserves n'tice
evertv fh section Of he -, OF 1877 psovd, thA
|, drsvback 81 utes as presTit~i - nv slau ., :
loved and Nd on ell goods IlIoToi nso th!- evahs
IN resrect &, srch within rFeNe ncai1s HnS. p.
rns1; 81 the duties shall be ezpoEtol . i'y foreign 't
&c Tie question has frequently ar-en ilder ths pr
, vision Wheeler not these Acd'onh duties Hhp-e