New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-04-30
THE PHELPS, DODGE s. co; COMPROMISE
WAS ruE CASE LAWFULLY Adjusted


TO me Rdftor. or The Trtbs"e'
SIN. Hinder the several acts OF congress
nrovd,,g for mitigating remtting tho ior'eitures'
nepates and disabilities aocruing uhuer 'no rc'cnuo
laws as the acts Of March 8. 1877; July ~ 1914 un"
,bor tho power given to the secretary OF the ires
rv 10 mitigate or remit such hne' FORFEITURE OF pen
o, or remove such disability, or any part thereof
"'y v. ,bo Same SHAH have boon incurred without
,S, rogcence or any intention OF fraud In the per-
s or norsons mourning the same. and to direct tho
sooutop IL any shall have boon instituted for tne
thereof and be discontinued upon SUN
terms or conditions he may deem reasonable ana just
II & Stat 56; U. s. Stat, 597. In tho Regu'a'ion
under the Revenue Lawson the Treasury poPa'''.n
of 1851 now In force, construction OF these ac'S
given, according 70 tnoH io''0i Hi''''' WV
is as follows:
Tho petton Of the party seeking RELIEF shouiu sc.
forth particularly and truly the crcumsgm,Uo ,as IN
hich the fine penalty forfeiture, or disability was n
CURED with distinct admission. II there mas Doen ~
Judgment Of court that he has incarred the SAINT anu
distinct averment, also, that no mas hos oeon su' "
wiIlful negligence or any intention OF fraud'
Looking at the law and these regulations OF the treas
prv Departmont it seems strange that question OF fact
should be reported opened between tho Secretary Oh
the Treasury and Phelps. Dodge Co.. ana snouu 20
alter of diseu newspapers, whether or NOT III
efecting their compromise they admitted tna ey n1
been guilty OF wu negligence or @ @ far nun
thew did make such admission, the case was one or pun
ishment to the full extent OF the law, anu nos 10, 10
promise If they did 50 admit the ~ ,hs su nen
alties, aud has uBlawfuly compromises VIII i,o vi
oators of the law. Unless. IN ms opi.o or
any intention of fraud" lie has joined them III ~
in the treasury, by compromising inc onense. IL i
business was done according to the ReguatOhs they
did IN their petition for remission mako
ment that they had not been S Without Sr such distinct
ayeIment," they could have had no staining III eo ~
upon their petition. Ii Is therefore, very gIVss
of Secretary Boutwell, to assert that Pnes,
Dodge q Co. In their application ior re 5 i
admitted anything moro than technlcal anu un,n-
1atin az ReyenuG
nntted; and that Secretary Boutwell, only acteu upon
the distinct ayerment OF the hhooenD noe "a tr T
TO suppose otherwise would be to conclude hat
Dodge & Co. have succeeded IN wiiiuly ueirauuhs to
Treasury of threequarters OF million doars, anu d
the Secretary has consented and sanctioned tho auu'
Burlington, w., April q, 1873. d. L.
THE FIRM NOT SUFFICIENTLY COURAGEOUS
| To the Editor Of The Tribune.
| SIR: | notice in to-day's TRIBUNE two cards
in relation to the case OF Messrs Phelps Dodge Co..
and hone to bear who shared the plumber and in what
proportion 1 understand that Mr.. Davis was very In
dnant at being cheated out Of his SHARE as the charge
was held back till his successor Mr. Bliss was qualified
II So II accounts for his readiness TO give card OF gooo
behavior As TO tho idea of b. I. Co. that the Board OF
Trade or any other parties should refund their loss
think the only opinion of Phelps Dodge Co. we should
| have should be the contempt VIC have ior INT
man who, out of fear OF rev. P LIONS ~ ~
! he numbered They have encouraged the gang u
attack weaker houses, when they had the means am
poWer TO EXPOSE crush the whole tribe hfo SooI
authority for the statement that both the Secretary ana
Solicitor of the Treasury at Washington were ah3iou
get the out Of the hands OF the h s,
been forfeited, had honest purpose oeen SHOW" U,
the testimony only the amount OF duties MoudG nas
been REQUIRED. Within a short time a similar cast
occurred, and the Department accepted inc amount
duties, $1,000, In lieu OF tue Judgment wnIn W."
! for over s1OOoO. T. IL
! Ne,o- York, April &c, 1873.