The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-08
UNITED STATES CIRCUIT COURT.
lmpsrtan, oastSGi Honse Case.


Before Judge sma,ey
Bsncard d Hsltsn r. A,guss Sheu The hearing
Of this resumed a, the opening Of the yes
asrdsy morning II Is Que of great interest the mcr
cantie community, especially 10 importers; and as q
great many Of precisely similar charactern all OF
which Mr. Schei former Collector OF the Port is nom.
inay the defendant viii depend upon this tesl case
tbc court ROOM within the bar principally occupied
" eminent counsel engaged by the various plaintiffs In
me other s who paid close attention 10 the proceed
apgs The question al ssuc Is whether the plaintiffs
have right 10 recover back the duties paid
under protest upon commissions, charges and
freight added 20 the valuation OF invoice These
protested payments have been refunded from time
10 time, amounting In the aggregate 10 considerable
sums, under regulations adopted by the Custom House
and acquesced 10 by the Treasury Department Tho
Department, however, becoming dissatisfied with The
yrace, instructed the United stairs District Attorney
whole question submitted the decision and ruling OF
che courts. Hence the litigation In this case
Jufl6isL BisIoRl W TUE caSv.
IN the course " tho proceedings tie former praelce
House h s IA sS was V revoked a. ans IND
rsi.rence made ins,cad 10 Tho Clerk o. the court was
.nder discussion, mud elected the ioowlng history o.
ne rule IN these csses from tn. Court -
Judge smalloy-fhis II class Of cases with which
IN very familiar and the history OF them Is this The
vcry same dnicnites which The Court found in ,rying
those cases veas gone by present themselves
Sese; here : an illustration. Here are some Ave
hundred en'ries Vow The Court jury canno, ruder
take 70 cxaine ccse live hundred entries and vet not
70 examine them IN come way would he DENIAL OF
Justice NOW VIII state my judicial knowledge OF the
history Of these When | nrs, nad The honor to
10 preside Ia this there were great many az
this class Of tho calendar TN. pr.cfte the,
evaled NJ the time IN trying Thorn mel 10 me a.
stated by the pisirict Attorney the time Jgdge
Roosevelt and the clerk of the couri and III nix ~
Judge Nelson OCCASION, wae to near mo "a q
fay, that all tho questions oi Law that misht b. RACED
an either side should b. passed rpon, the Whole
ar the ssess'ucn, 81 damages was con.
osrned rcsefted 20 the Cispm House
authorities. that was the pra.tcs w Tbs court when
nrst had the honor 10 preside herethr the rnla
On iact u struck very osse pFsctce Ia thocus.
tom House thcre no respon sIbllity. What onsrS
should be made. what clerks would he lnirusted with
TIE duty OF investigating the rapers, wno
should be held responsive Cor these feiorsihs tony
uind was very vague ami indefinite. | sungcsted that
aiMeulty 70 the District Attorney and 70 the dnsren
council and stated to them inst willing with the
consent OF s the srcS, 40 refer The investigation OF
she 20 oris " thc cn-snm House ~ he Collector by
name, although. indeed. no defendant or 10 ths
Auditor by name. and that he should bc responsible
Mstsome persop shoaid be responsible 10 ihe court ol
No cnretpess 81 theee report. that rule wss adopted
that trim, very many cssea Nv The Of ihe
bsinci Attorney aud Counsel referred ~ that way.
h.er tune, however, iont recollc,t how long. per
msde 81 unreasonable DELAY IN the cussom House
nn he PAT % the officers adlusiinr these
slssms, COMPLAINT was maje here BY counsel m opsn
eou'. men took ocoasion - state 10 The
w~sence 81 The psrCt Atxncy thai Il those complaints
we. ~en ,o1nded ne cnsse nust not be permitted 10
ex~h anu MN iOnnd they well founded
would revoke every order MADE 10 the Custom House
snd rsfer shen 70 an oser 81 court, WHO would zoe
thsf the reports were properly executed aud
~ the conrt cor action within rtas0nnble time some
weeks after tbs Mr. Crswod came into cour, with
sfdava4 reierence soma sass N Wbrh ne haa ba.p
sonusei for the plaintiffs and IN which iudrmept mad
been rendered. setng forth that the psrcrs we're de.
iay~d long time In the Custom HOUSE no,ithstandng
thss various application had been made Tor thcr and
THAI he could get no adjustments made fhercanon
revoked The rule or reference then, referred ~ ,he
tIeyh Of the Court s'atns shas Would revoke every
thar the rsienJr whenesnt ronuiso, ~ ~
made officially thai those DELAYS wcrr made ate
suitable Instruction and that no Reports we've raado
eoms two or three weeks afterwards Mr. urtrwold
again came into court with sfidaviis in some thirty
er forty of the character which verilct
had bsen taken SD returns medic, and revoked them ali
ard referred them " the Clerk OF the Court Ths Wa
W fse2 From that time bad little 20 do 9TH trails
tbls class Of all 1894 1885 occasionsl,
here but other buslreys engaged me however, sub
scru.ntly learned from public report that som
committee 81 Congress, ~ some one acting for
committee vas here snd mad. madyefeiess vi