New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-01-10


Q. As 10 the dcfap OF your ordinary duties do your
suhordinatc9 intend ~ themi \. To % great extent
Are you perso Aay engaged IN your trials IN court
A. aln oftGn n'A always have three assistants who
are engaged aim t constantly either In tho courts or
before commas Joncrs.
Q. Arc such hattors "a the reception OF complaints,
ana the app ration for warrant seizures &C. attended
10 by you hTsonally by your subordinacsl A. The
Gpplcao = are brought to me; az stated Yesterday
nave mn dcd, rule, that all such papers shhl bc
bGuEu, 80 me in all cases. accompanied by the Colec
toIS tinpcr requesting the action.
q Since whom have Jon imposed that rule A. mat
issncc the action IN the Sayor case; no case has ben
acted upon since that time without the paper being
brought personally 10 me.
guard merchants against undue OPPRESSION A
Mr. Howc-An article was exhibited TO you furnished
10 7Rc EtsHinG Post. You know IT'S contents 4.
reoolect rs general import have learned that 1t was
substantially written by "a clerk in my Once.
@. What Is your criticism upon that articlei a. II
seems TO he very general in is character and so fa ms
my knowledge goes some Of its statements are not ss
tanned by the facts in my Office Il pretty accurate for
newspaper article, for the object OF newspaper articles
10 he 10 cXaggcrate the truth ana suggest te
false.
POLITICS IN THE CUsTOMHousE.
o Do Won say that the Offices of the Custonhouse are
in your opinion, distributed for political patronagei A.
no be sure they are suppose nobody doubts that
they have been 30 ever since the days of Jackson think
Il is historical fact that this condition Of things orG
mated there but both parties think are responsible for
IT, wish party would rise above II anu clange the
whole thing il is my Judgment that were the Custom
house i'm New-Yorb managed precisely Mr.. Stewart
manages his immense establishment, it would be upon
higher and purer principles.
MI BayaId-Woud you extend your remarks to the
entire Civil Service OF the United States, except diplo
matte positionsf A. am Interested in t!at question:
and will not go any further now. lLaughcrI
Q. Have you record OF all cases in which warrants
A Aay &c. been ISSUED ''F 'n' seizure Oh OOOA' u papers
@ Is there any record in existence all the cases in
which merchants books and papers have been seized
A. am unable TO say.
@ Is there any means by which we can discover themi
O. win you be kind enough to point out to Us in what
wayi A. These warrants required to bc returned TO
O. After a warrant has been issued and books aud pa
pers seized and examination made by the special agents
Of the Treasury there special reports made 10 you III
each cascf A. No.
q Are they made to any one in each case A. sup
pose So in al where proceedings directed re-
ports are furnished to me- a whore there i no
discovery which proceedings can be based near
nothing more; suppose Inc warrants are returned ana
Q. suppose somebody makes an affidavit in the form
required and in that application is made for writ ana
the writ being issued to the Marshal the special agent 0i
the Treasury goes down and takes tue books ana Hi-
that procecduxsl A. Only the affidavit that il cit on
file with the Judge who gives the writ to the Marshal
TIE DoNGs OF SPECIAL AcLNIs.'
O How are Won 10 know what the special agent has
been doing in the merchants Office A. am not to
know.
O. What officer Of the law can know except the special
agent bimscll A. suppose tho special agent never
docs this; II is done by the marshal or his DEPUTY
O. Are not the books and papers delivered 10 hi"t'
areuts2 A. ! suppose thcy are pu ln the custody o. 'h'
officers at the Custonhou>e special agents or orIs
that Is the ordinary practice IN tus cry. ,,.,,.. -
O. what supcry sion Is there over me proceedings o.
tho special agents u determining whetgr there - a."
for prosecution or mott \ Ile Sps.iiI ic.
The facts an4 Cn@y arc I''s'' upon i''''
% Wien tr sncrial agent ia in custody Of The
chants books is IT not lawful FOR him Z" maize an Iti o
settlement with the merchant y 40 A'I ''A '''
q. Has heany authority to make such an oncri \.
~ Iis SUICIDAL qort n rir't ~ receive personally
caanti A. No, sr.
O. ia special agent has received money other prop
arty from a merchant ia comUromsc 81 one 81 thr-l
avs as they stand 4. liz is NOT ndicabla Tor me
" the money hs torn, he would be- m
iictable can imagine case Ina which IT would ne Jaw
m M eXamning tho books he nds there IS certain
AMOUNT due to the Government ana ne shows d b TO s
over to him. he takes it ana pays il over 10 the "o'
~ lie has no right 10 receive it, 4. Ne, Sir; but he
"uld not be indctablc for If; II would not ne unh"iu
IN the sense of wrong, provided nc hahucd over "u'
# he converts it TO his own use ne Is cear9
O. Is il the duty OF the merchant under any crcnW-
acrount OF these claimsl A. | think hc should no..
O. l. there any record OF all the ca-' "h,lc H'1I's
have been made and compromises ohecIeHi n sup
: O. In every case where a merchant has paid money
into the Treasury of the United states IN claim Tor an
allie ged attempt 20 evade the revenue law Is t.'t' a.
record that be Obtiucdi \. THINK sos 'hat - w
y,
l't55n settled surr,ptitiousy without 10Y hnowlcdss,
there would be no record I'm my olice
CAN DETECTIVES LAWFULLY TAXI MONTY
n II case is submitted TO you where detective or
spccia agent Of the Treasury has accepted money Hon
the Treasury in compromise OF of these claims, Of
,lib Won had no cognizauCe, and " which record
appeared would you consider that that man should he
Indicted and would he indicted II be had not paid it
over TO the Treasury a. ntr nto ~, shall ho nv
such a and WIZ guaidhl! the pa > S"'''' w III
dicted If the Grand Jury viii stand 10y me
Mr. Casscrly-If his original receipt OF VIC va
not unlawful when does it become unla"fuli a 90
n9t Wbcn Treasury agent receives money. in making
cGrnpromise or settlement, do You SAY u rs uHhNiu
for him TO receive the at all! A. No do not say
If Is unlawful: cOnccde the improperly III any case
hut said that in imagined case II would NOT Dc IL"
@ When would il bcromc mlawfui 4. When he con
vertcd il to bis own use, of coulse ,
q That Is ~ he Judged by the length Of time hc de"
tains tf A. It's TO nc Judged Of by the circumstances
Mr. Casscrly-I hoped you would come 70 tho conclu-
sion that the receipt of money by these people is 50 GER
tain lead Ia great abuses THAT n should Dc REGARDED rs
unlawful A. think the receipt ot melcv accompanied
by unreasonable detention, would clearly make odt
Mt BayarG-Do understand that you wonld inform
the mercantile community OF New York that the special
agents have authority TO compronise or to receive
money in any case of alleged fraud upon the Govern
meu3 A. That Is my opinion. ,
O. Can you furnish record Of the cases which
have been COMPROMISED slhGe you came uIo oIHT A.
have 10 objection, II you desire 1t, but would ike 40
say that it not inrequenty HAPPENS that tne merchant,
who have made THESE cohlpI"ml9cS "Ic ,A'FSll'S
anxious that they should not De made pubc, lest u
their credit; tncTc mas bttn no
On INV mart the correspondence has been public in
those cases in Others but have never talked about
them and have disposition 10 do sO II, In some
Instances my subOrdnatcs have declined To give
information IN such cases II has been because OF these
solicitations the part OF the merchants concerned.
After "A few further questions in reply to Senator
Stewart in which the witness stated that in MAYORS
case the question OF the forfeiture of the goods for
making false invoice, and not OF the amount of duties 10
be paid the latter being determined by the market value
of the goods and not by the amount actually paid for
them the Committee adjourned until 1880 O'Clock THIS
morning.
HARROR- MASTER UART'S CASE.