New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-12-12
CIVIL COURTS.
UNITED STATES cIHOUrT COUBT-Dee n--9e'o-,
Judge arAlLiN.
COUNTEGKsl riEG GASES.

COUNTEgFI -iEG OA5Bs.
Calhauno Nectar hy. hcid lor paSsing ahl
stcmp TO- Pss O. 'si,.i ~ V2'. ~,
bwsa Il. y, as .roasht up 10. ~ d e-e .JrgN pen o.
Join COae indicted og attempting 10 pu>sh counterfeit
go Neiion1 ed1vacJ nhe aat no had % oi ni 20 ei"
lanes Mile indeed for having i m. p secession sh N
Ten, 20 csmielfei fractional F" cent eareno5 h'''
William Gu.nctt indicted for dodhg pa COLI .44 .r,,,,q
ffaciioral enesoy also failed appear i'fei"s ''''s
cSiSafno 1J and Mary Harden Indicted T rns;ag G"qE
terfelt ~ OniioG States Treasury MOI ,JdL
S Hs c a.. SS'YS .1 p' sa Ss On motion
District N oney role P,osfn was e'''''u III ''' case
,ss sa1 III rnai a1 iao iortsd m deaeg ia
terleit fraro1a cur1opcy tFicd iop'e guilty ana re-
AZ AIIEGTp ExoRS5IyE IMPOSITION OF pUTIEs.
p,L.rl an, Hutton agf Augustus Nchcl Collector SC
W. nnbl he'd an abstract of this case in Saturdays
r,,u The case Aras cofucl Yesterday and We now sire
IL Isorc IN dcsn II Is a'su brought by the PLAINTIFF IN
TheTas stof q he port % Sew OK that time duties
alleged toh1Vc been eKgccd hy @ "a excess or g9.ts ee'ses
Tcgulsinj,he rcalrrasmenl 81 imported merchandise pro
IL shall be The duty OF tr cocor go cause The actual market
value Wholesale price to Re pre estimated ana asccI
c6ars except insurance aid including in every case he
charges fer commissions o. ae ta rates as tue true value a
thc gof, whoTot Che same may be siecd upon ann" '"''
The piainiis alcsc that the costs and charges and the
"con1,ssioIs referred in The above act were asceTtaned
and cmaed nj e Custom House IN ertcs and therefore
they entitled back the dny imposed by the Col
leciOr upOH E'cl excess -,
CucHit Court Judge Smalcv presiding aud IN that case =!
consent OF al the parties Che report OF Mr. Isaac fps an
Appraiser IN the Custom House received evidence OF
what ~ costs aud charges actually we're aud what the
commissions ougat te on ihs merchandise IN Question
The report Of Air Philips made in answer 10 question
submitted b. Auditor Ogden as 70 what was the general aver
The pl' in the present. action offered this report Of Mr.
Philips evidence sho|vh1t oil costs and charges
acusly paid i1 Che plaintiffs The District Attorney objected
TO It's Receptions upon the ground THAI TIC report did not put
port represent The aciull amount paid bnt only general
average or approximation The Court sustained the or etOh
aud ruled that Tie lans produce affirmative evidence
OF OF all costs aud charges actually l1
ON the nrTtiandic question y the plaintiffs The Inih
tias being ready 20 produce tins proof the trial was al
n slso Htpearcd IN e evidence ored by the plaintiffs that
protests attached 10 the entry IN each ndidu case
but that the close Of OF tho protests there was nolce
20 t that he 10 consider the proesttapplcae
an fuiure similar mpOatOns T raises the much inoied
question OF prospective profess the District Attorney taking
the ground that each Importation and each entry must Dc accom-
panied y protest reference 10 that particular importation
and that he protest must be filed at OF before the payment OF
tho duty
tlso appeared in the plaintiff evidence that the import
er Md rot appealed the decision Of the Collector 10 the
Secrcary fhc Trcasur The plaintiffs aimed that IN the
decisions n the Treasury Department appeals were mol heces
say Ia Eases duties exacted IN costs charges ana
comm. The District Attorney denies the applicability
Og tho decision Of Treasury Department TO the ease
that ia every here protest is required udef
thect Of March lsJ appeal 10 The Secretary Is aso heces
ss1 ia order enable The importer 20 maintain suit
There other important questions involved IN the pendng
trial which VII! be prescBlcd or the ruling OF the Couri ana
Is anticipated that the large amount involved VIII take the case
Rx United States District Attorney j. Dcacd smith for
thO plaintiff; United States District Attorney Samuel g. Court
ney United States District Attorney Etan Allen
Tor The delcndant