New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-01
THE MOIETY SYSTEM

After the recess the hearing OF Judge Davis was re-
sulned.
Mr.. DAwEs-I would like TO inquire OF you a. "a tho
policy of compromising the officers OF the with
share OF the ines fOrfetures and penalties. WHAT'S
your opinion OF that poicy-gba Is called the mo!ey
systemi
Mr.. DA;Ts-My opinion OF that system IL not a newly
formed one. When in the XLIst Congress intro
duced during the first short session, bill on that sub
ject which prepared myself and have looked II op.
since have been here II q bill for the abolition
Of and the compensation Of officers by salaries
the b was referred TO the JMdea5y AH'
Mr.. DAwEs-Woud you Ike to make Il parton your
Mr.. DAyIs-Merey reference to IT,. simply 70 show
that I am not animated IN my opinion by ANYTHING that
Iectors. surveyors and naval Officers at ali the Atlantic
aud Pacific cnstom-houses, abolished all Their rgf 10
moiees and fees, fines commissions, penalties, aLd Tor
FIXTURES, and required them 10 be accounted for and
paid into the treasury, and made criminal of,nse
Tor any officer keep the for his and r..
qured accounting by such officer and settebent 81
bis accounts at least once IN six months MY option
principles; and for this reason-lt makes the on
cal duties OF the officers constantly at with their
personal interests. 1t Is the official duty OF those ohco
prevent all frauds the revenue; ~ IL TIER private
interest that frauds shall be committed. Take for us
tratIOn, the colectorshlp OF New.York The salary.
think, is $4,000 but the income OF the office avoag's
Is derived from moetes and fines In which the officers
participate. Now, 1t is perfectly apparent 10 every
mOiees will be- enjoyed and that fact necessarily
makes Il the personal and private interest OF en,ers
word that could possibly convey the idea that any on
GER that connyes at frauds but In the HANDS
OF bad men, 10 vdcnt that this thing Is susceptible ~
great abuse think too, that the moetY system nae
tendency produce great desire on the part Of Officers
connected with the collection Of the revenue Ia have
| money penalties, money payments, ana eomp"nis.
made all of frauds upon the revenue INSTEAD ~
having public examples made by way OF Indictment aud
conviction, and punishment Tor the crime unoer Tie
all, nearly all, the that have arisen and alnos
all of them have been disposed OF without cr mIua
prosecution) the first impulse apparently after ihe ds
cOyery Of the fraud and after the asceranment 81 sat
cient proof TO Justify action IN regard to IT, ib" 10
| compromised by the payment OF money.
Mr.. DAwEs-You mean the FIRST Impulse on TIE part CT
! the Government othceFsi
Mr.. DAyIs-Ycs; thar seems TO 5e the chef motive
powerful produce results In the form OF money. lhtn
misconduct ON the part of subordinate ocers winch
misconduct Is not punished MI: JAYNE Gt tn9 ny, ~,
he had reported large Gumpe, , o. o nia WIG
Of other Ofienses and that they were not removed.
do say that it is done Intentionally tut
the very fact that parties are allowed 70 nave noeh
necessarily tends produce negligence in investigating
| and pnnisbiDg such ofenses. because men VINO alo
guilty OF frauds, AMI who subsequently, disclose them
when detected are useful In increasing Tie income ~
officers and the natural tendency is that there - 10
great inclination TO dspace them certainly hotso
much there ought TO he. Now, the reshit oil tbs
system is my judgment, that the crime Itself - never,
or seldom. punished No complaints are made tt.
grand unes for Indictment or they are very seldom
made. an told although do not undertake "a s"ak
OF ii as fac that there has never Deeh Du on a'sl
conviction after trial by Jury for smuggling ia Tue cry
one case while was Dlstriot-Attorney. party ass
indicted for smuggling number 0i watches whr u"H,
another the OF snip was Indicted, peaG,i
guilty, ana paid ile OF 500 Those are the ony t~o
cases that know OF which have been brought 10 Jase
through the administration OF the criminal Law "Lu
cannot help thinking tnat the reason oi It's mol uehg
done 70 be found in the fact n very great degree"
that thu moety system makes II largely N,Lldbe tbht
those matters should be settled as cy ptOedings ih
stead Of being prosecuted criminal snts. idesTer 20
be- d inctly understood that 40 not make tbs .inbIS
of the Government i am only inning system.
Mr.. DAwEs-What is yonr opinion as TO the ie'-io.niy
OF procuring conyicton on fair testimony
Mr.. DAyIs-I think they could he ana oCtht 10 10
secured. All can say Is that tie oniy case that Lhs
been tried before Jury Tor the crime of smuggling =
the one | have alluded 10, where person tmnEgtas
quantity of watches and the jury convicted without any
Mr.. DAwEs-You do not think then that on far aud
reasonable testimony there Wonla De any .easoh.oo
difficulty experienced III euI0feng TIE criminal !dws
Mr.. DAyIs-I think there would b. lees icnty al en-
forcing criminal side OF the statute than theies m
statute IL may that expression, the reason heis
Jury the interest of nformer mOletes, and all that soI
Of thing and induce the jury to take views founded N
very great degree their own preiudces against ~
formers. while ON the trial Oh Criminal case There
room FOR nothing OF the kind, 49,
Mr.. DAwEs-Does that lead in any degree 10 desIfs
to compromise these suits without pushing item 10 tT
the possibility OF preudces being created against 10
Mr. DAvIs-Yes, the difficulty in recoveries Of course
has, and PROBABLY ought to have great weight lh e"ba
Mr.. DAwEs-You have spoken Of the natural tendency
OF the system to create desire ON the pat Q! 9Lt.s
that frauds shall exist, because out of frauds ib. own
compensation Is increased.
Mr.. DAvIs-That Is the natural tendency.
Mr.. DAwEs-Why Is there any objection 10 the Gov.
eminent awaiting itself OF that element III the nature 4
the officer to secure thereby greater eheiehty ana
Mr. DAvs-I was speaking OF moeties given 70 the Col
lectors, Surveyors and Naval Oiheers. have 90 reoo
lection OF any case in winch the moletes to that
class OF officers had any effect IN producing either greater
vigilance in preventing frauds ia tue discovery ~
frauds anything Of that Kind. On the contrary Lty
SIMPLY receivers Somebody else does lhe "oTh;
ard tho officer. far know, IS no more YeI!snt
than he would be under salary Bu wLcn YOU cone
TO apply question TO iniones IL Is aho'hef Iats
Mr.. DAwEs-The next question Is whether the system
of giving TO tho officers Of the Government shar. IA
Mr.. DAvIs-In my judgment it does not The frauds
far as my knowiedge en,ende detected ny me
Mt pAwEspCIf the frauds are detected as general
thing BY special agents by subordinate officers OF by
persons outside, what ground Is IL that the Collector
the Naval Oheer or the Surveyor should have any shIs
Mr. DAyIs-I have already expressed my opinion that
tney SHOULD nave no share Their salaries snoaa Ne EN-
discharge OF their duties. The Collecnr himself h M
cial officer a He has to pass on sSea, variety
OF questions, aud, unless appeals are taken
o are ought be
where In considering any question that arises before
own income is to be enhanced by the result Of his de-
cision than Judge on the bench should be-
in tho sSS co S
which he can possibly have any interest himselff
meant Of course his action in the construction Of the
various tariff provisions more particularly He 10 in.
whether he will order the District Attorney to In
Judgment the Collector Is SO high ar officer that hd
that his decision action may throw into the balance
ON one side thousands Of dollars for himself aud
think those officers should paid by liberal salaries
and that they should have interest the proceeds
Mr. DAwEs-n 1t is your opinion that there is nothing
the proper duties OF these three officers which ustha
giving them any shares pf moeties, let me inSans
whether in your opinion II proper to give any share
Af ~ "a mnl tn