The New York herald., 1866-12-11


The Arsmn,ents Of Counsel In the ..Hmninr
Fluid" Ca-e-The Case sf Deveiin, Lcsan
and TiIten Adjourned until To-day.
Tho nna arguments in tho OF tho United States
against Messrs. Rowe and Others aud which has been
fsmiarly known as tho Burning Fluid Case" were
made yesterday before Commissioner Newton In Brook
Iyn, st half past nins O'Clock, Messn A. Oakley Hall
and A. J. Dttenhosfer appearing for the defence ana
Dstrie, Attorney Tracy for the prosecution.
HALL
Mr. Hall. aftsr remsrkna that he would furnish the
which he bad prspsr.d spoke subsssnaiy - foiiows IS
understand that the propositions on the other side
% substantially shf.s ~s,, 10 numeer ,h.. N The hr.'
dsing OF spirits, lien Of the Law attached the very
moment vhsn the spirits len the disticry, notwth.
other sobsanoss and had changed into something entire
~ different IN form: therefore, that when the Law Of
sco rb'es a. % mpo.by IN oo, ncIsr s"
when the Law tells us We may dIstli burning nuid,
claim u necessarily assumed thai that operation
that was known 70 science, and could BE- attained
through the process and In tho knowedgo of
We have also answered throughout that whom Law is
Ss ana .hs i. oon !. sSs two eos, s@.
10 ,hs laws Of 1894 and 1894, N which
IL viii b. that the attention OF The committees.
and indeed Of the whole Congress, drawn this
specific section In which the law appear. Tho theory
construe our process N such section existed on
that point They are slso lame In Judging our process
the ns. procss. e spirit. y ne o1 com@svssl term
may be cited ssans some Of thos~ decisions ~
the Revenue Department Of Washington, called decions
which are often cited before commissioners II they
wers nnaiItlss with all dus respect 20 all, I would
observe that the commissioner should be gov.
.sss sy yqsm ss sss sas s'' m
upon the operations % the Internal Revenue act
Ne are referred. az in the case Of this question,
trict and suprrm. Courts upon what may DO called the
External Revenue acts The Commissoncr win rrmrm-
per 'ey sors Joass sa1s .ns .s s - aaas =
nrst smons reports of o. Who sad d.'Tf the LsFiela
ture makes law Of discrimination o. The completion %
subsnces then IN charge ~ fraud such DISCRIMINATION
no evasion fraud The speaker then cited tho AZ.
tention u the Commissioner 70 the Of man named
lawrence, who hsd imported sheep skiss nom Buenoa
Ayres with tho wool on Tho Collector Of Customs col
lected tar both on the woo and on the skins II
decided that could not bs oollsssd both Also
'm.or,sa 'ns ca .,ssuary made i..d wssr RS mS
tar was attempted 10 bc collected spon the
and The act upon that subject had 70 ~ changed Te
speaker then took up The several scis a Conrcss bear
ing upon ,ae ssss q - sas. ~, x. 2. sssurs g q
ing nud considered 70 be dssnct process apart
from the Manufacture BY the old psoc~ ~ the trainers
ton nth The Law ss 70 whsl ss meant By Il sner q hsd
passed Congress After reviewing The esid~nc~ gv~n
.nsa q: s s.s..s p, =. Ne s..Ss: submitted A'
The District Attorney then dsivercd sble argunen.
tending 70 prove ibsi--Fln, The assssd.nss haa -.
spec al nr of 800 imposed upon I'll dlsilers
of spirits; and s~conf thss they b&d removed
the sprits thus disabled 70 places other than ,hs
bonded warehouses without having paid ths of ~
Imposed upon each and every gallon q distilled virta
Ne srsued that spnis we're prce.ss1 y ,hs masufsc
ture on distilaton VI article double tag shoud
paid upon the srtcls psoducsdass upsp the sylss,s
ana second upon hs simsss article Shslilsa Or
fsetur~d
Decision reserved
vur YLf1r CASE.
Tbs osss ~ the United ssasss azsInss Z y. rIi,ot,
John Devsin and 8 7 Lsvan vse tksa cail~d, bot
edjournsd until this moypng 81 hafyass nine ocIocs
The % the United stAi~o aoniaes Jokp Dsvslin
which wHz 10 have bssn esamise4 yssesr1av q nres
oclorh vss adjourned until ts1ay snes sks arss
y dsyssse y, nks Isss 60 p pss-s Tsu>n ssscssr