New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-01
INTRICACIES OF THE LAW.

DIFFICULTIES OF TIE MroRTERs-IIlE LAWS HARI
TO BIZ UNpERsToOD-IHER oPERATIoN " TERRI
BLY, SEVERE"
Mr.. DAwEs-Can Won without too much trouble put in
the form of an amendment the law the idea which
Won advanced yesterday, that IT would be- in your opn
the jury the question os to the actual INTENT
Mr.. DAvIs-Certanly, can.
Mr.. DAwEs-Are not the revenue laws in fact, compl
Mr. DAvIs-I regard them as extremely so and one OF
simplify them. They scattered through great
variety statutes running through many years, most
ascertain how far they in force and what are the
provisions OF the law to-day requires great and
revenue laws very badly framed aud arranged at
pre- - ,,,,,. -.
for merchant with the most honest intentions to ascer-
tain the exact duty which he should pay
Mr. DAyIs-l 50 regard it, IL 1t would not occupy too
much OF the time of the Committee would like to sug
gcst another amendment. think that the act Of 1866
statutes requires the merchant in addition tOcOst value
and III order to make the actual value to add the cost
OF everything in the nature OF packages boxes ana all
that sofof thing and great many incidental expenses,
such port charges, inland transportation charges,
eaC Eng Of t9at Kind hese are S reanrsd pfep
tOry To be added to the cost price, in order TO
na ,HS Of assessIng duty NOW where these little
charges omitted, the sta i violated aud forfeit
accruos Many OF those cases where seizures OF
books and papers have been made III New arose on
of things Tie merchant buys his goods,
lug tie facts but he omits knowing that he has paid
incurred these incidental expenses 10 put them down
to put In the cost Of cartons, under the supppos'
ton that the word boxes does not apply to
/ would. in order TO relieve the Government from
the odium of the seizure Of these books and papers
make the law that while these things remain duable
IN all cases where they are omitted rom tne D estaD
lsh penalty by OF percentage, and make that pen
in nine cases out OF ten accidental and not Intentional
II the statute limited TO declaring that II these
an estimated value for them, aud add some small
percentage as 20 make it the interest OF the m-
good way toward relieving the merchants from the an
noyauces to which great many oi them are now sub
Jectcd $3.50
Mr.. DAwEs-In your opinion, should the law continue
TO be construed by the courts that violation OF
the statute IN respect OF single Item should forfeit the
Mr. DAWSON that subject I might say considerably
think however that the present law ought to be modi
fed Yet there is great deal Of difficulty about IT,
Changed that the forfeiture should be limited the
specific article contained in the invoice and brought 10
with large number OF other articles in the same pack
age might create tendency 10 try the experiment OF
getting in articles without paying the fuil ana awIu
overlooked and that the thing would not be discovered
ln that way II the party were oniy subjected 10 tue
losses OF the particular thing which happened 10 DC JUS
covered there might occur many cases Where artice
would he brought IN In that manner Tor the purpose OF
escaping the duties Thus II would In certain sense De
sort OF premium upon an attempt to get hen az less IMAM
legal duty Now. IN my Judgment to limit the forfeit
10 the article would open tue
sort OF attempt upon the revenue Inc 1orieltuie,
think ought 70 be more ihan the particular article;
on the other hand 10 forfeit the whole invoice operates
oftentmes with very great injustice An article worth
oO $50 S. may forfeit an invoice OF more thaI az
many thousands. Now the penalty imposed should be
governed by some more sensible rule than that III NY
Judgment. ,,.
should he three times value OF the artclesi
Mr.. DAvIs-Yes or five ten times the value OF the
articles, II the articles are OF small value But there
should be modification OF the law In that respect
because II operates with terrible severity IN many cases
1t Is entirely dsprOportonate To all the ordinary laws
OF the country for the punishment OF ofense because
lose sum greater by far tnan any line 10 when cr
iua is subject under the law for the highest crimes
Mr. DAwEs-Iow long were you District Attorney
Mr.. DAyIs-A little less than two years and halI.
Mr.. DAWEs-Were there many seizures VI DOCKS uhuer
your administration
Mr.. DAvIs-Yes, quite a number.
Mr.. DA~Es-Can you fix the number
Mr.. DAvIs-No, / cannot; have not the means OF
Mr DAwEs-Did their inception commence under your
personal supervisiont
Mr. DAvIs-Ordinary the proceedings were con
which would he brought TO me by the Special Agent
who came with the papers prepared and verified they
being blank forms hlled up and sworn 10. The eicr
would require TO aid Special Agent Jayne, or who
ever 10 might To-, In procuring warrant from the
Judge. would look over the papers, and II they com
pied vita the forms and rpies OF tue court with tue
ordinary practice, INV custom was to hand them u my
first or second assistant, who went WIN them 70 tue
Judge and laid them before him. and IL he found them
sufficient the warrant was then issued and delivered to
the Marshal.
Mr.. DAwEs-Was there any other Special Agent Of
during your administration except Mr.. Jayne
Move. wnose name I c,nno, tbIok M recol.ct ms
applying, aud | recolcct Mr. Howe's applying and
recoect, think, Special Agent from Boston apply
ing, aud also one from Philadelphia.
MI. DAwEs-As to matters relating q New-Yorht
Nf. DAvIs-As to matters ~ NV fprA nnrct
ing poratious winch had, perhaps, comr INFO o'h'r
Mr.. DAwEs-In how many cases did the resalt dc pend