New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-04-28
PHELPs, DODGE & Co.'s CASE.
Continued from FirA Page.

attended over several years. and there considerable
before and since january 1871 the invoices showing the
prices before 1871 in the classes Of goods which are
shown 10 have been undervalned since that time.
or invoices entered early in 1871 which are tainted
with fraud the total value Is 72eo6o The items IN tnese
invoices in which undervaluations occur amount 20
tanON %, while the amount OF undervauation is
eSs 7s The total amount Of duties lost to the Govern
e6l g. The total importatons OF the deienu
ants about o. 100000 year. ,,
%, compronise we're made but none Of them We're such
the Collector deemed ii worth while 70 hold out any
nope Wss to advise the acceptance Of
n considerably smaller sum than that now offered !
was personally cognzanf OF the whole proceedings, but
took no active part in them until after had taken my
oath OF office yesterday devoted considerable time to
After careful consideration have decided 10 recon-
mend the acceptance Of the compromise offered am
amount claimed enormous in comparison with the
OF d fG aS9a Verdict r the
amount claimed The snallness IN amount OF the trud
also makes the amount offered an adequaeperhaps
NEUTRALITY-SUSPICIOUS. for the ohense committed.
The proposal therefore seems TO me TO secure the TWO
things That should be required, adequate sum 70
punish the offenders and payment into the Treasury
not only Of the amount diverted from It, hut OF as ase
q sum az II is probable that litigation would secure
l am a little sorry that my first formal official act
should be 10 recommend compromise Tor sum MIci
could justly claim. In the recommendation make
have the concurrence not only Of the 3ihcers Oh
want, GEORGE BLISS. jr. U. $ Atty s. Dist. N Y
ic-''r'' fry $fMlYoRK, Jan q 1873.
10 gro bliss IT,, esg o. 81 s P'Sfe'A"0'''eS '0r "e
Sin: As the attorneys Of Messrs. Phelps Dodge Co..
10 the suit OF Tue United States agt, VIM. f. Dodge
Ror claim of 100000 for alleged violations Of the
Of the United states in relation TO the I'M
portatOn Of merchandise and particularly the provi
first section Of the act of Congress approved
March lS in respect OF the entry OF certain impofla
Snents-while protesting that no fraudulent intent
has ever been entertained by them toward tie
revenue Of the United states in any OF their
respecting said or any mportaons made by them
compromise aud settlement of the said claim
United States In the said suit the of $4,000
may been in connection with the entry Of the
said imporatons IN violation of the provisions Of the
sad statutes aud rendering proper that such an oner
wAKEMAN & LATnNG,
Attorneys for the Defendants.
William Fullerton, of counsel.
CusroM-HoUsE NEw-YoRK, Jan. &, 1879
Mon T. c. BANFIELD, solicitor Of The Treasury Dept
Dodge Co. WS o Rs reeSTr Of R uf FL Be-
the value of certain invoices of merchandise i'm
OF March g. 1868 The defendants offer the sum of
100000 10 compromise the suit would recommend the
acceptance OF This offer for the following
FIRST. This VIII more than reimburse the Govern
ment for any probable loss.
Second This firm is composed of a large number Of
members, and the uncertainty OF all human ahalr wnen
taken connection with the unavoidable delays of the
law, Of itself strong argument in favor OF accept
Third The purpose and intent Of the law viii have
Very respectfully, your Obedieut servant,
b. G.. JAYNE, Special Agent,
XEw!York Jan. O. 1873.
GEORGE Buss, IT, esq U. s. Attorney for the Southern
sIR whereas suit has been commenced this day
against William L; Dodge iand others, composing the
rm of Phelps, Dodge Co.. to recover damages or pen,
violations of the laws Of the United States
and whereas there certain invoices OF impo atoms
entered into the CusOmhOue by said company between
She fret Day OF January 1868 and the first day OF January
1879 which claimed by the United States have been
In violation of the laws Of the United States;
Now for the adjustment aud acOmpromise of all claims
arising out of violations of the revenue laws Of the
United States between said dates, ana in settlement
thereof. the mercantile firm of Phelps, Dodge Co.,
suit and all violations OF said revenue laws by entry
and payment Of iudgment in said suit in favor OF the
costs which SUN is hereby offered and is TO be received
by the Government in full compromise, satisfaction and
payment Of all duties penalties and forfeures for said
ar any violations Of the Laws OF the United states by
WAKEMAN & LAITING,
Attorneys for said firm and defendants.
william Fullerton Henry Knox, OF counsel
iTne following Is the Endorsement on the foregoing
T1s second offer was presented to me by the counsel
OF r., d. Co.. Jan Is, aud was yerOally rejected and
sTf ong GonTe9cS M tnat wod recon- ~
sne6 frauds as were embraced in Mr. JayDes reports II
the U. s. Attorney should concur.-E. Z. b.
r. C2I-Telegrsml
iiqtoc BlSrrRlD Treasury D,parment WasS S
The circumstances under which our proposal OF com
pTes Ge t e @ We have we RaIe
PHELfs DODGE & Co.
OFFICE OF THE DgrR1CT-ATToRSEY OF THE USrTED)
YORK, NEW, YORK Feb. 5, I07s.S
Hon. L. G. BANFIELD, Solicitor Of ne Treasury
DEAR sB beg u transmit herewith a copy OF prop
osltion OF compromise made by Messrs Phelps Dodge
& for the settlement the OF the United States
against them The proposal Is. understand in the
form which the approval OF the Department prior
DO hesitation for the reasons heretofore given by me
with reference 20 the PROV proposo1 IN recommend
that hold on deposit subject to the acceptance Of the
offer 10y the Deparm ent, checks for the amount pro-
p0scd Very respectfully 1your obede9t servant.
%, GRO; BLISS, IT,, U. s. Attorney
SEw!YoRK, Jan 2, 1873
Csc. BLISS, esq, U. AaoreyJO tie Southern Dis
SIR: Whereas a suit has been commenced this day
against william T.; Dodge aud Others composing the
Albes alleged Of 81 100000 for certain alleged
violations OF the revenue laws OF the United States
entered into the Customhouse by said company, be-
the first day OF January 1865 aud the rst Of
January. 1914 which claimed by the United states
10 have been in violation OF the revenue laws OF
tbe United states Now for the adjustment and
cOmrronise OF all claims arising out OF violations
~ the laws Of the United States between said
deter and ia settlement thereof the mercantile firm Of
Phelps Dodge Co., by their attorneys hereby offer to
compromise said suit and all violations OF said revenue
Laws entry and OF judgment in said sn in
xAVor Of the United states the Of s27OI7 %
To be received by the Government In full compromise
satisfaction and payment Of all duties penalties, ana
UDited States by said Phelps, Dodge d Co. between
said dates. WAKEMAN d LATTlNG,
Attorneys for Defendants
William Fullerton Of counsel.
oFYscE or B. G. JAYNE. SPECIAL AGESroF THE }
U. :. TREASURY DEPARTMENT, CUsToMHoUsE,
NEw-YoRK, Feb, :, 1876. }
FYOn. l.. c. BASFIELD, Solicitor Ofhe Treasury
SIR: Messrs. Phelps, Dodge d Co. submit new offer
20 the Department They Offer The sum OF $20l 70 to
eomprOmise the suit OF the Government. This goes
forward with the recommendation OF the United States
Attorney The offer rs the same in form as the one
IeOre admitted The amount the value OF the items
nnderyaued in all the invoices 20 lar as we can trace,
Ocadng two invoices entire where the differentiation
oos.sts n leaving on about 81 dutiable charges.
nm decidedly IN favor OF the acceptance VI This Oher
Very respectfully your ooedient servant, 800, -.
Il. G.. JAYNE, Special Agent