Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-04-29
& Judgment in Favor Of Planters
z, ~ - Bank of Nashville. . AANs
Gen. Banks COnflscation Orders Re-
-s--1 We - buked. - - " $3.50
Conrressman Cox,s Ex,ra Paw.

1
49, W. - buked. - ~ y -
Congressman COx's Extra Pay.
WASHINGTON, April 27.-Hon. S. S. Con
has sent check TO the Treasurer of the
United States for his back pay as mem
Der of Congress. ~
The Treasury Programme.
The Secretary of the Treasury has di.
rected the Assistant Treasurer at New Y orr
to sell s., 100000 in gold on the first, third,
and fifth Thursdays, and 81, 500,000 on the
second and fourth Thursdays, in all six mil
lions of dollars, and to buy FIVE hundred
thousand dollars bonds On the first
and five hundred thousand CT
the third Wednesday in May, in all
one million of dollars. The Score
tsry has also directed payment without re
bate, on and after Monday, 18th inst, o
the interest due on the bonds May 1.
Death of Comm OdOre AuIick.
Commodore John H. Aulick, United
States Navy, on the retired list, died here
this morning.
Phelps, Dodge & Co.
The Treasury Department publishes the
correspondence relative to the case, OF
Phelps, Dodge & Co. 1t appears that, on
Jan. 8 last, Special Agent Jayne re-
ported to Secretary Boutwell, IS the result
of the examination of the books of said
firm, that the firm had deliberately violated
every provision of the law of 1868, govern
ing the invoicing and entering of imported
merchandise paying ad valorem duty. The
value of the invoices examined amounted
TO million and three-quarters Of dollars,
which, under the law, is plainly forfeited to
| the United States, not by any technical
construction or far-fetched Interpretation,
but by deliberately and Systematically stat
ing the cost of goods below the purchase
price by false invoice, made false for nc
conceivable reason but to lessen the duties.
The items proven in these several invoices
to be uneervalued when taken separately,
amount to about STE, 700. The pei
| centage on the whole amount is there
fore small; yet, says Jayne, the importa-
tons of the house are very extensive, and
if the same or nearly the same percentage
of fraud, extends through their importa-
tons, other than those included in the
statement and on which we have positive
proof, the entire loss to the revenue must
have been some $4,000 or $15, 900 per year
perhaps more.
| United States District Attorney Bliss, un-
der date of Jan. 2 writes to the Solicitor d
the Treasury, Banfeld, transmitting the of
| fer of the compromise made by Phelps
Dodge & Co. Bliss says the investigation
shows that the defendants committed two
apparently distint species Of fraud. One
consisted in invoicing tin shipped from Liv.
erpool at the prices paid for it in Wales, Of
which differentiation there is no means Of
knowing the amount; while the other speciei
of fraud consisted in trihing undervalua-
ton of single item or class of items in ar
invoice in which most of them were correct
There is no actual evidence of fraud, says
Mr.. Bliss, of either class prior to January
| 1871. The books neither before nor since
contain any evidence of fraud, but it isfounC
in the memoranda and in duplicate invoices
If these ever existed for importations priol
to about January, 1871, they have been de
stroyed. The former asserts that the fraud!
extended over several years, and there il
considerable indirect proof that this
is so, in the similarity of rate!
and standard items before AMI
since January, 1871, the invoices show
ing the same prices before 1871 in thu
classes of goods shown 10 have been under
valued since that time. Oflnvoices entered
since January, in 1871, which are tainted
with fraud, the items in which undervalua
tons occur amount 10 S27l OH %, OF
which the amount of the naturalization
S6,658 IS. The total amount of dutie
lost to the Government was 81 ,664 6S. Tn
total importations of the defendants art
about 100000 per year. While the in
vestigatiOn was going on, various proposal
of co npromise were made, but were sue
that the collector deemed it not wort
while to hold out hope that they woul'
be accepted. Bliss, after consideration
however, recommended the acceptance c
the compromise now offered. He is in
fuenced to this course by the fact that tn
nominal amount claimedsis so enormous i
comparison with the amount of underValu
alton and fraud that it weuld be difficult t.
obtain verdict for the amount claimed
The smallness of the fraud also makes tn
amount offered adequate, and perhaps eve
extraordinary, punishment for The often
committed.
The proposition inclosed by Bliss is fror
the attorneys of Phelps, Dodge u Co., an
while protesting that no fraudulent inten
had ever been entertained by the firm to
wards the revenue, offered the Treasur
S260,000 in currency on the sole groun
that there may have been acts in connec
ion with the entry of importatiOns in viola
ton of the statutes. Mr.. Jayne, on Jan.
recommended the acceptance OF this offel
A second proposition offers the sam
amount as a compromise of all violations
the revenue laws and settlement Of all du
ties, penalties, and forfeitures between th
1st of January, 1858, and the same dat
1873. This proposition was verbally reject
ed by Banfield, and was subsequently with
drawn.
Mr. Bliss, on Feb. 8, inclos3s to Banfel
third proposal from the attorneys c
Phelps, Dodgs & Co., Offering to comprOm
ise all violations of the revenue laws for th
sum of S27l,0I7.23. This settlement
recommended by both Bliss and Jayne.
MIR. Banfeld, on February Is, writes thu
attorneys of Phelps, Dodge & Co. that tn
first proposition was rejected because az
companied by the assertion of innocence c
all intent to defr2ud the revenue, and I'll
second he declined to recommend becaus
it contained a condition that the sum o
fered should be full satisfaction for all viz
lation of laws between Jan. /, 1868, an
Jan. 1, 1873, no facts being submitted t
JUSTLY Lu6 DtCICtdIy Va 1llS AICAouA III Sl'
ing so broad 3 release. The third propos
ton is open to the same objection, an
Banheld declines to recommend it.
, On Feb. II, however, Banfield write
Secretary Boutwell, that he is inclined
accept the proposition, upon the unde
standing and condition that the release to
given shall coyer only such alleged frauds 3
: have been called to the notice of the Tres
r ury Department By the special ageI
Jaynes.
Mr.. Boutwell, on the same day authorize
Banfeld to make settlement in accordanc
with the terms of his letter. This propos
! ton was accordingly transmitted to Distri
Attorney Bliss, who on March replie
that the matters in dispute had been final
{ settled for the sum of $27l ,017,23. I'll
final settlement is accompanied by lett
from Mr. Jayne to the effect that his inve
tfgation covered all the importations OF Il
house for FIVE years next preceding Janui
ry l, 1873.
The Life Insurance Of suicide.
WASHINGTON, April 28.-The Suprem
Court this evening decided the case OF II
Mutual Life Insurance Company OF Ne
York vs.. Ferry, case of suicide by polsol
The court holds that the facts show Il
reason of the deceased to have been so in
paired that his suicide was moi bis yolu