New-York tribune., 1872-01-15
SATURDAYS PROCEEDINGS.
Before Deputy Collector Clar!, took the stand
the following vas rcad;

Before Deputy Collector Clar, took tie stand
the following vas read;
To 5 r. so soia s., cs'' . - 9,ys s .s@.i,s p Which 1
sSesgon Mr ..t snina 'ai - Ih t. va e & saS ~
that Knows sPhrg it. Italio may ead viii are
fS SSy ny ss pSee I'd "a, sf 70 M aa at % y w. IA "a
give to have tbs sSoa ap Saa can be Gor ~ a. nv 'p 1 y,s
into the pareni W. a. p. station D. P'stjaee
Senator CaseeIlyI received yesterday note from tn
editor Of The Daty Ben, whose turns ont to b
Mr. Dodsworth, WI cb fear nave forgotten to hrlg
with me this morning intended TO isy n before M,
Chairman ycsterday, but adjourned In sonewat o
hurry and omitted to do it. The Letter states that
whatever information the writer received, connected
with his editorial article, received by Inn IN pro
fessonol confidence aud that ground he should be
unwilling TO disclose the Of his nformeTs. Ito
states that he very much engaged present In getting
book through the press which also will interfere
with s liberty Of attending here, and generally SishSe
| TO be excused from attending.
TESTIMONY OF DEPUTY COLLECTOR CLARK
! In addition TO what 1 stated yesterday in re-
spect seizures would say that that Is r
| ported TO tho District Attorney FOR prosecution
accompanied by letter nom the Collector, and cooy
Of that letter sent to the Secretary Of the Treasury so
that they have record of the case there.
Senator Bayard-Wbo writes those letters' A. They
are generally signed by the Collector by the AssitaDt
Collector his absence; they ordinarily prepared 10
q Does the Dstrict ctAtioroy conmeuce any ct .ss-s %
@ That ne nyeTi06ls rulei A. Yes; there are s"e
the action Of the Collector in the FIRST instance.
dSc has hEs fs seen sezsd And where here SS was,
or tRe Collector to fegaest or direct he District
10 institute proceedings although t Is Is business =, ~
seizures Of merchandise OF which have spoken as h""
| made by officers Of the customs they are som
made Of goods already in The custody Of The Coee "
% St 81 fr m 1 a 9 R"2dd ad s'S y rSS Of G
Of the oTdhT as H to Is & f to * % osr deepa f S him R y
send the goods TO the Seizureofce; ~ such tE0t
order as the voucher Of the for or SS
and they become changed 10 my department .,o.,
q. That Is "A constructive uansf"lf A. ActlslS they
are taken of the bonded stores and remoY ed 10 s"me
other place under cu'tody in some few ing tnces
that suit would he brought and the application faaf"
TO Dondsmen. they have not actually been removed blt
tie Collector before process issues lis record 20 gro
certificate Of custody, prefer 70 do i.
| O. You say the private citizen hai right % -ci,s
upon just cause he is liable whatever hs i'2te may
have been but officer acting IN good lalth N M
dscharge Of his duty viii be protected thar is tEe
senator assrIyrs that the right given by the statute
| OF the United statesl A. by the common laws.
| @ There is specific law about tasi A. No, 81
THE SEIZURE OF BOOKS AID PAPERS.
Senator Howe--Now. about the proceedings with ccohs
md papers, they different from the seizure of soods'
A. Entrely tho statute OF 1867 IN force places th5
matter entirely in the hands or the district u g. eoth
as 70 authorizing the seizure aud the length oi ne TO-
books shall be detained, and also the method VI to
The witness here produced for the examnltonof OF tho
Committee set of tho blanks used ny we SYneeIoI
consisting Of fOrms OF complaint ana aihdaVib ao OK
| senator Casserly-The person claiming or owning Ihe
boo and papers which are IN the Collectors
makes any application that he 1t in regard to his
senator Bayard-when these warrants, issued to
the marshal for seizure a. A As 19n %s ex
under the control of the District Judge until the exam
Senator Bayar~Do all these seizures originate from
proceedings commenced In your Office from Information
"A a. SG prcesen sayo sn
advance OF the Collector; don't remember but single
instance however, that Naylor Co.'S case; In two
| or three Instances l had knowledge that proceed.
| ings we're contemplated which the Collector would
| Suest WAS made by the Collector TO the Dis.
trict-Attorney shortly after came into Office pril
PiSrSepon PER- then and Judge BIatch
ford that warrant should be issued by Judge Blateh
ford without being indOrsed and presented by the Dis
trctAttorney, and the wo9d not COM
mence proceedings until the Collector had osen con T.
| should be the universal rule. -. -
| seuator Bayard-DO you remember any other eases
where the rule has not been Observedi A. know case
where Willard b. Farwe Treasury Agent & aot no row III ~
eS,0f DO % yoa know Of any other A. don't know
SorseS s1S f' Sv the think prior
Of NsylOr Co. there were TWO or tnree cases IA
lector don't recollect any case however where 'hc
WHAT TIE TREASURY AGENT KNows.
| O. Did not Col. Howe, the Treasury Agent, and hIs
staff understand that this rule has been adopted and
was the practice OF the Customhouse office and OF the
courts A. cannot speak for their understanding Of
| that matter. .-
O. Did MT they apply you for those etters TO accom-
pany the affidavit In order 10 obtain the warrantf A.
| They did.
o. The rule was accepted by them except IN the In.
stance you have mentioned A Yes, Sir; am inclined
to think that that before the agrseInen uat
was the case OF Farwell q Co.
| o. You mentioned later cases now did MT Cdl Howe
and his men understand this rule A. don't know that
they had any know ledge don't know that the arrange
! me ut had been communicated TO them. . =.
Senator Pratt-What benefit does the lniorhant re-
cevei A. II the suit IL successful he IL entlled 70 one
fourth of the net proceeds. ,, -. =,
Senator CasseTly-Ths arrangement was Wen enough
| known In the Custom houre A. IL was known 70 the
| Surveyors office. - -.
o. During Judge Perreponts administration did the
agents conform their proceedings 20 this rule A. the
only Treasury agent upon whose complaint warrants nor
the seizure OF books and papers were obtained during
that time was Mr.. Farwell, Of WHOM have slohen, Sn''
who conformed TO the rule after that aud Nj jay nc
who has always conormed rule without exception
q This rule was known TO you aud ten or twe"e IN
spectorr, and to Mr. Jayne A. Yes, Sir.
| o DO say that yOu don't know whether the othet
Treasury agents knew ~ that rule A have NO eceI
OF opinion regard t highly probable that tney ali
know of IT, and II you will permit me 10 explain nav
no recollection OF specifically informing more than on'
or two men connected with the surveyors drpAstmsu
although undoubtedly II Was matter known "''e NV
ly than that - ,,, ....... ,h.ss sas.,a-
| Wits A. There Is NO rule about that. -. A.. A.
| o. Any sfndayt upon . sheet sf ne* SsS''' ~