New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-02-14
CTTfL COUNTS.
UNITED STATES CIRCUIT COURT-FEB I3-Before
Judge SMAILEY.

Az r.poRTANT DECISION OF THE COURT
The sniff of Chas. Il. Smeider agt. Hiram Barney
Court moved for second trial being IN the
Delahe case disposed Of in December last In when
verdict was given for the government. ,. oo y, law
The plaintiffs cOnended that the ISSUE was one OF IA"
and not question of fact and asked new trial. tnaC the
court and not the jury should pass upon i e UrV
to find verdict for the paintfis on INC law, oao
This case just disposed on 20 no x
in itself amount large enough 10 TAKE 70 tg no
Court the main object In view in again trying TINS cse
the amount in the former suit being 700 slnl 20 al W
to the higher court BY consent OF Partes an an t
denCe taken in the former suit was auhlted III va o
raising in fact the same issues ana C on S the United
States District Attorney, submitted us plCs W io
Court asking substantially that the case take tne same
course result in the same verdict for the 0o'ernen'
as in the former SUIT . A. ,>istr,o+ Attornov
and took the case the jury and on the law diected
verdict for the plaintiffs The groundwork OF THIS de-
Visions Of the act of 1851 cvyng duty all kinds OF de-
lanes limited the class to gray or unc9orG1 Gi
tiona duty did not intend to enlarge this class but must
be considered as simply levyng an additional duty on
tbs sut were coored delanes the additional duty dld
not apply to Them and therefore tho verdict must be Tor
' The District Attorney took such exceptions throughout
as enable the Government to carry the cas- az once 10
determined whether the jury We're right n tneir VerCt
in favor of the defendant IN TIE rSt @ or Sne ecand
SUI w crisvo,d and Mel Campbell for the plaintiffs
IL
Attorney, for the Government - - oo,,,.
ANOTHER IMPORTANT VERDICT FOR THE GOVERN
MENT-DUTY ON IMPORTED PAPER
Harper Brothers sgt II. A. Smgthe - :,
This suit was tried yesterday before Judge Smailey
by Mr. s. G.. Courtney and Ethen Allen, Assistant UhIeI
States DsrctAttOrneys, for the defeants a&d resueu
in a verdict for the Goyernmcnt 81. o. o., .,o,,
The plaintiffs imported quantity or paper TOT their
Magazine from England in 1866 upon when the CoectO
charged duty OF IS cent al val0re, as belhs seu
paper The plaintiffs contended that the importation
was unsZed paper intended for newspaper purposes To
wit their Magazine and under the act OF March lSJ
should pay duty OF 20 per cent only Inc pialiIis
their Importation, they applied TO the naval officer the
late Moses Odel, and informed by him that their
importation entitled to entry at 20 per cent as ey
understood it, and that upon this understanding they
proceeded to make their purchases abroad ana 70 import
but the Court ruled this understanding with Mr. OdeA as
ina1missille. =, -
ton paper and ,thcrcfOre, not within the mean
ing Of statute which spoke OF printing paper un
sized for books and newspapers az being tne class %
paper only that could be entered AZ 20 per cent 1t was
shown that The Rec YORK Herald ana IRIBGNE were
printed on paper that had sizing in it, and because
all paper which would take printing matter was SIZED 10
ton though sized fact was yet Intended Tor neWspa
per purposes and was Therefore, tiSi=ed within the
meaning Of the law, as TIE TRIBUNE ana He'0'd were
priqtcd unsZed paper 81,
The Court held that IL not question az 10 the de-
gree sizing between the paper III llarpers Magazine
and that in the daily newspapers, but 1t was question
OF commerce. trade, the merchandise in question
was known sized paper the duty legally assessed
IT, In trade II known AZ unSi-ed paper then the duy
was illegally assessed, and this question for the
Jury though the evidence all way: that our
daily newspapers printed on what was known IN
trade and commerce unSid paper and the goods In
question known as sized paper in the ordinary mean
ing OF commerce. $500 -
diet for the Government , 40. , =, -.
sydney TrOtter Craig flr the palntufs; H. - court
ney and Ethan Allen Assistant u s. District Attorney
for the United states.