The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-13
Inpdftant Suit Of the Government Against
the Ex-Conector OF Customs Mt California;
for an Alleged Balance OF Money Received.
UNITED STATES CIRCUIT COURT.
Before Hon. Judges Nelson and Belts.

UNITED STATES CIRCUIT COURT.
Before Hon. Judges Nelson and Belts.
sErT 12The United States James Collyer late Col
leor ee Port of San Francisco-Ihe facts in this case
relied upon by the government ioows-Congress
by act of March s. 1s4o, extended TO California tho
laws of the United States constituted It colle
lection district by the of Upper California created
San Francisco port Of entry directed the appointment
collector to reside there and created certain ports Of
delivery, with deputy collector for each, among which
Monterey. The act provided that until otherwise
directed, a violations Of the revenue laws committed
within the said district shall be prosecuted in the Dis
ict Court Of louisiana the Supreme Court Of Oregon
The fourth section provided that the collector shall be al
lowed compensation OF ST. 500 per annum and the fees
and commissions allowed by law 10Th vol stat. at large
p 400 james Coyer was appointed under this act and
entered upon the performance OF his duties Sd April
1S49. He continued to such collector under such
appointment until the l4th January 1851 When he sur
rendered the Custom House to T. Bu,ler King who was
appointed collector Of the district of San Francisco under
the act Of September 49, 1850 organizing California six
collection districts 60 stat. at large p $685. On the
14th February 1880 Congress adopted joint resolution
that the restriction upon the amount of salaries IL Cali
orna and Oregon shall be suspended until Congress shall
act upon the subject (oSta at large $780, On the 2o
September 1850 Congress divided California into six dis
tricts and directed the appointment Of collector for
each. The second section Of this act provided that
the collector of the district of San Francisco shall be
allowed compensation not exceeding SD 600 per annum
Salaries allowed to the other collectors. The third
section of this act directed that the provisions of law in
relation to the payment of expenses incidental to the col
lection of the from customs existing prior to act
OF March 1S49 be made applicable to the several coe
ton districts The fourth section authorized the secre
ary of the Treasury TO prescribe rules for ascertaning
the facts, and if in his opinion any fine, penalty for
fixture that had occurred might occur in those coec
ton districts incurred without the wlful negligence
intention Of fraud to exercise all power conferred upon
him by the act of March, 1897 st stat at large p.
$685. he was also authorized ~ the same section 70
tend relief to the &C., whose goods vessels have
sustained damage by improper seizure eonfscation
detention, by officer Of the customs in the coec
ton districts OF Upper California.
This action brought to from james Collyer
the balance remaining in his hauds Of the money!
verdict found at former term of The Court. contain
ing all the facts necessary TO re-adj lsment Of the
counts, il any error should appear in them.
The points in dispute and the material facts connected
with them, are:-
Frst-1he deien iant claimed one half a 526 900 re-
ceiyed for additional duty OF 20 per cent ad vaorem
der TIE sth section of the tariff Of July So 1916.
This claim has been finally determined against the de-
fendant since the trial by the Supreme Court in Ring
Maxwell, II Howard, p l47
secnd-In his accounts rendered to the Treasury De-
partmen the defendant charged himself with ss 10 20
received by the Deputy Collector Of Monterey. This
ney in pon. of fact to the hands of the de-
PENDANT personally, but stolen fom the deputy with
out deau. his part that Of the def, ndant. His
liability for this sum Is question for the court.
lhrG-ln consequence of the impmctcability Of pro-
cnrng judicial condemnation except at d cost exceeding
their value the defendant sold certain liquors seized
him for violation of The laws and realized net
proceeds 500 $40 S. He claims one half Of this sum,
car he obtained an informal consent abandonment
from some person connected with the property aud he
made periodical official returns to the Treasury Of his
lion in the prcmis es, TO which objection made
during his official term. The Seer etary of tile Treasury
acting under the first branch of the i section the
ofsept 2s 1850, has since the othis suit
awarded and allowed certain to the owners of the
said seized liquors. The actually paid amount
ed to 30 and the further of So $40 " has
been allowed 70 be pad legal demand and further
carnations are under consideration.
Fourth--1le defendant seized certain vessels for
breaches Of the revenue laws, and delivered them mp to
the owners receiving bonds submitting the legality Of
One seizure to the Secretary of the Treasury ana agree
TO abide his decision. The secured by these
lends wa lie returned the bonds into the trea
sury hut nothing further has been the premises
He claims one half Of this The claim was disal-
lowed
Tih-1he accounting officers of the treasury allowed
Se M sas.y AZ sfe rae o. ssoou per annam
OF September IS 1850 They also allowed him retain
his fees received during the interval between the joint
resolution Of February H. 1880 and the act OF Septem
Der, 1850 They also allowed him commission of three
cent his collections during that interval and they
allowed him salary at the rate Of $40 coo per annum
from the act of September 20 1850 to the end Of his
cia service He claims 10 retain all these allowances
and all his other fees, amounting to So 75o and also
commission Of per cent sl,oso,e25 81, being the
aggregate amount Of his collections before the Joint
resolution after the act of Sept. e. 1850.
sxtlIn addition TO the balance stated in the account
OF March 1853, the government claims that the de-
PENDANT should be charged with the above mentioned
Of 1880, for official fees received by before the
joint re- outon and after the act Of September 1850.
Interest on the whole balance may appear is also
claimed from January H. 1851. Payments amounting
s1ls,546 o. made by the defendants securities and
himself the 18th September 1853, since the
mencement OF the suit The government c,ims that If
these payment or any OF Them form proper credit in
this suit then the should be stated with interest
a6ded to the date, and that interest should be allowed
thenceforward on the balance
The argument for the defendant will be submitted this
qhursday) morning by Senator's Daniel s. Dickinson
and John A. Collyer brother OF the ex Collector.