The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-13
The Beauties and the Biundsrs OF tho Urea
suxy Dsps xtxaent.

buTy OSPsxt1aents
TO rns EDITOR OF THE HERALD.
We enclose for putlcsnon condemned s,atemsnt Of
the care of the United States COL James Collier,
recently decided in the United ststts Circuit Court
We have sought to state the material kstb pssrins
upon the questions igated the trsl win entire ae
curacy as they shown in tie case as settled and
@recial verdict any in figures shall be
pointed out, they will be promptly corrected The
having been fully tied argued and decided, the state
snent as At appeared upon the ,aand viii be found in
the case in extended fofu-s submitted without
comment an net Of justice to utlic officer.
d. S. DICKINSON.
BNonAsroS, Tee. 10, 1866. JOHN A COLLIER
UNITED STATES CIRCUIT COURT, SOUTHERN DISTRICT.
NEW YORK.
Tx United States Jans Ioiier Int Collector of Up
per Califmnid-ChaIles UCopor, counsel TOR United
States Daniel 5. Dickinson and John A. Collier, counsel
for def. ndsnt.
This suit CONNIE need 10th Nay 1885,, to recover
. balance claimed 10 % due the United States fhe
amount cla ed in the declaration oil Oe5 H. The
5suse was tried ~ the April uiicui 1874, before his
honor Judge Belts and jury Thee bad been several
1lsMnat accounts ss'ed % ne T'asuy pepsrtmst
re- stated after the commenc'men' Il sn It'll March
1883 reduced the balance claimed 10 salc 7i2 A., s.d
left only the following question: 10 h. htes'es:-
]. The coupen stion which the Collector enti-
tled under the act of Sd Of Marco, 1919.
The Collectors share Of s4izeo sbd forfeited liquors.
g. The payment made by the cefonaaa OF 10th ssp'em.
Der, 1853.
A. The liability 81 the Collector Tor money stoten from
THE Deputy Coliector's Office at Monterey.
g. question Il interest not material nov IN he stated
the balance In favor OF the ne iiu' add
terest vas allowed by the Court on either Il Ia.
The case argued the esions 4 lay Reserved,
.. specisl term Circuit Court September 1850
The fa decision Judgment Of ths will appear
BY the certified COPY Of the rule annexed.
Tho lc~ ing Is condensed tsement of the facts
shown BY the and special verdict upon The several
points litiga ed:-
CONFIRMATION OF COLLECTOR.
The act Of 30 Of March l8a9 under Viii n the defeni
receive Compensation At The rate If 81 500 year. aud
tie fees and commissions allowed ny law"
The letter of Instructions Of the eary Of the Tres
sury OF 80 Of April l849 after referring :" The act Of I'd
March, 1902 enumeratng the oica fees Of Collsc
tor particular services, and giving mmi.sion Of
three per cent Collectors eiots proceeds 10
Out II the emolueuts you cannot b. retain
than at the maximum rate of So 900 per to
he computed from the beginning az official term
prescribed by the tenth section OF the act ., tn II Nay
1872. Your Ion will commence the date ~
the approval Of your bcnd defendant ok the oath Of
Of April, ls49; and he claimed snsaoa from ,h.t
date In the cords of The act, At tn. rate ~ 81 500
year and the ices ana commissions allowed oy az
tary the Tr-asu y, the Collector Instead taking the
cheaper, expeditions and comfortable route across
the Ishmur took the overland route to Carna unler
Of party Of United States troops detached
this service by the government and which the Collector
Sezyous. which was about 500 ies from his reienee
Toe journey proved to he Que 0 great hardship and
peril occupying about six months and the party tor
through hostile tribes Of Indians In which the Collector
and bis equities participated ann he only rer he'd his
post o. San Francisco, the 18th Novem ,er, 1872
The deputies took be oath of Office before leaving for
California The letter Of instructions fom e.reary
OF the .res,S.y !, MI, ,ss p vi" CON-
The defendant under these instructions paid the depu
ties from that date.
All these payments appeared IN the Collectors monthly
and quarterly statements and returns to the Treasury
department accompanied oy the proper Vouchers and
no objection was made by parment until months
aft 4 ha aGnvda n raj uru from n ruin
In AL the various sta enents Of the Defendants &C.
counts at the Treasury nepa made after his re-
turn, and prior to 7b March 1865 the department
fused credit the detendsnt any part OF nis salary
compensation from I'd April +, 18th November, they
to the deputies and other subordinate officers ana
charged all these sums to the defendant and de-
manded Of him !, pay the money into the treasury
In the sccount OF 7th March 1865 long this suit
commence, the treasury Department. for th> frss
time, credit the defendants salary for this rejece
Iod from 3D. Apii TO 18th November, but then only ~
the rate Of $500 year, and nothing commission:
they say, in this statement Of accounts, "Amouns
charged by him for commissions BEING tnres per
cent ali his collections, ai-aiowad. When the late
Collector shall have rendered, required, 40 state
ment, eatn, Of hi. oiEcisi fsss the sam af sig
thousand dollars. the maximum fixed ny tina 9th sec
nor Of the act Of March 1851, viii be allowed out
SAID ices and commissions"
The act referred 10, intended vas March 8, 1871.
The former Secretary had fixed the maximum allowances
at s. Co., overlooking regaeag tue act o, 1871
The defendant eimed that a. he -ab act Z 1912
tontsned and tte act " 1871 hal refersn
only TO the ports California not yet having been
acquired, snd then belonging to Mexico, he was en- te
10 HIS fs~a and commissions more or Iess in.
tatin. spd Wat II the maximum hmi.asi n did ap-
ply ali Ieric and limitations expressly taken
81 a. 10 CALIFORNIA; by the JOIN. resolution Of Congress
Tho rressuvy department, In another stated account
Of I'D September, 1853 credits defendant his compen
the maximum rate Of 81 600 nsteae If IS 0 the maxi.
mum under the act Of Is41 but cha ges thu
ss, Ill., ne
missions. They slox de endant full commits ions o.
per from the 14th Of February 1850 TO tn. 18th n
Septsmter 1850 all which had ben previously dsal-
lowed. They allow defendant saisrv from the % Of
September 1850 70 1ah January 1861 At the rate Of
viousy credited, or their own maxmu limit 81 So COO
The Court ield that the defendant was entitled 70
What the act gave him. and prc'.sy what dsfs.d.nt
year ard the fees and commissions allowed by Law"
The Treasury Department estimated the ofcisl fees
II was proved the trial tnat they amounted only
$500 per month, and It found BY tbs spe cal
verdict.
Ia further appeared that the official fee. return I'd under
cath BY T. Butler King who, under the act, Vas
bound TO account for and pay ell the fees into the rs
sury with increased revenue, only amounted 70 eie
per month snd this account wa In the Treasury Do
pertinent when they made their estinSte
The gct. amount q fees durng the defesdants term
was estimated by the Department at S53tO0 which Vas
issss '''''' 49, - ''''' -'''''' = ''''
The true srount proved and found BY the special
dict 81 0o0 But whatever the amount o. fees
the Courttecded that hey belonged 70 The Defendant
coILECToR'a SHARE OF SEIZED LIQUORS.
The Laws Of the United >tsea prohibit me importation
of bsndies in cspks Of Ices capacity hsn Is soas and
violation Of the act subjects both hip and cargo TO for
feitnre.
In the crcu Of the Secretary Of the Treasury ths
collectors Il the revenue Of 18th July ls4a their Aten-
tion IL specially directed IN the provisions OF this act
which must he rigidy enforced"
Under this act and these special nstrrc'ions the de-
fndapt nsde various seizures In where there
c,nfessedly, . clear violation 81 shi' sc,.
By tie set Of "a April l84e suite Zoe violations a the
ne Law weve 10 he bfou0 n
Courts In Lcuisiana and Oregon hero heo hiog
esDised courts having Jurisdiction 10 California
There issuperabe difficulties In the way II their
prosecuting these in Oregon and Louisiana
there any Marshal other Officer authorized TO
the necesaAry process.
The cwosrs snd offenders wtshirg N a-od trouble and
expense In Of schnovlsdg~d ori'nrs, voluotsy
and In writing, SURRENDERED the f.rfeie liquors. and
authorized the Collector 70 cell thsm without trial do
cree Of condemnation.
This done accordingly and returns regularly nads
by the Collector n the Treasury Department
The grn~s amount ~ proceeds ~ s~tsed liquors
ae4 ,0s co. the whole Of which crarrd n ths de-
kpdsp' by the Treasury Department. objection being
L. - ~ I'LL Ill