The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-03-26
THE FUGITIVE COLLECTOR.
HIS DEPUTY nv QUOD FOR SMASH
ING A MERCHANTS SAFE.


The Authority cf tho state and FEDERAL
Courts Ia Conflict Hunting for n Hole
to Let Il oob Crawl Tbrough-The DsfaI-
cation Reaching Already s12t,82O.
The flight Of Mr.. Bailey had q new sequel yes.
terday. His Deputy. Koop, appeared in his old
ohce, No. SO Cedar street, "a . prisoner. He was
accompanied BY one OF the officers VI Mr. Tracy,
the Warden Of the County jail, who kindly permit.
ted him to go In search Of bail When the Deputy
had emerged from the prison he was met by his
counsel, Cot Lrhardt who went with him TO Mr..
Bailcy's late Department and, while there, reviewed
the process under which he had entered the est ,.
lishmont Of MIR John Tracy Of Pearl street. who hal
him arrested, under a warrant Issued by Judge Bar
nard for lrespa.s Koop, II will he rene IN bered,
seized the books Of Mr.. Tracy and is said caused
the iron sale ofthat merchant to be blown opcn, in
order to search for evidence OF fraud 1t was the
practice OF some OF the United States Commissioners
to issue
WARRANTS BASED OK INFORMATION AND BELIEF,
empowering the late Collector Of the Thirty second
District to enter the premises of merchant and ex.
anime their books. koop, who was Mr. Baley's In.
iorme-, made anldavits against merchants IN which
b. averr.d that he had reason to believe that the
persons whose accounts he desired to Investigate
had ohauded were engaged In deirsudiug the
Government. aud the Commissioners, placing im.
pcit reliance on lis information and belief" gave
him authority, as he claims, TO make his raids. Xoop
however. was not wholly disinterested in the pro.
coeiings be Instituted for the law gave him mootes
that sometimes not loss than 5000 in eacn case Ia
which he shall cause the goods seized to be conas.
ca.ei II Is believed that his appetite for tho re.
wards OF his zeal led him to outrun his discretion
The action OF Judge Barnard in the case is goucr.
ally regarded as not only timely but important for
1t will test the right OF IN officer OF the Federal
Courts TO empower a revenue oniclal to enter the
establishment Of merchant by force, smash his
done that. The nctul knowledge Of which only can
Justify him in such acts II Is remarkable fact that
no Collector except Bailey has ever applied for such
warrants.
LOOKING FoR A HOLE TO CRAWL OUT.
At O'Clock in the afternoon Koop was brought
before Judge Blatchford. An hour before that Hon
A. II. lurdy, the United States Assistant District
Attorney, was seen in his ONCE perusing Congress.
siora stat1tos-all bearing upon this imnoftant
question. Hc came across one which il very simple
and which can Dispose Of mercantile rights in gene.
ss,n,t Revenue oiccrs in State coars. 1, 'San can
flying the Clerk OF the State Court In which such ac.
,ion L. brought Of the transfcr and commands the
the Sus.odl Of State oGioer, and hold him subject
70 the order Of Federal Court. The Hon
Nr. Purdy was, in eestaciea when he read
Judge % Bchora SshS csaT bns bnsr'GSs SSe ermns lPss
~asabsent A few minutes anerward No slmuns
another assistant Of Mr. Pierrepon, who bears a
striking resemblance 20 Gen Grant seized the marked
copy Of the law, aud haste1ed sith 1t into tue preS-
ouce Of the Judge who then.sut In Char cers Koop
with tie Of Ger NJ his heels, Purdy before him and
Erhardt, his legal protector, at his side, followed
Simons, and then the case was opened. Mr. simous
asked thst the case instituted by Mr.. TrRcy In tas
Supreme Court against Koop be transferred to
IHk UNITED STATES COURT,
and Mr.. Purdy and Mr. Erisrdt argued In favor of
the motion. MIR. Tracys action In the hupterie
Court was commenced 10 have ire case tiled In
oonrt which has no intere-, Ia moietes deiN ed from
we we proceedings which ere tho subject Of his
Judge Blatehiord. having heard the argument. al.
Journed the tll this morning when he will
render decision. Meantime, the counsel Of Mr..
Tracy be informed ofthe motion made trans
fer tire II Is claimed that Koop cannot be held
this presep complaint because he acted by the ad-
vice VI Bal ey his superior onoer and by virtue OF
a warrant Issued by L. 3. Commissioner.
BAILEY's NJ APPEARANCE.
No clue has yet been furnished which cen pos
sbly Lad the Government detectives to 1nd the
whereabouts Of the fugitive Collector II T. nov
believed generally that he will cva.e arrest His
wife Is st very III, and her condition ana that Of
her helpless chldrcu--the eldest Ci whom is but
seven years old "Ncites general sympathy. Drp4tJ
Commissioner Do Ass yesterday tplecruphrd 20
the Commissioner OF Internal revenue that Priey's
dsnlca'iun nreH'y reaches ti2lGlg. and that G &c
Is t2OCO or SdOO deficit in his Gisbursing account