New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-01
CUsTOM-HOUSE EXPRESSIONS

kOIET1fs AND w iN-
roRuERs-THE PHELPS, DODGE co. CASE
CITATION OF NOTABLE INSTANCES UNDER THE
PRESENT LAWS.
On the 10th aud Goth of March, Judge Noah Davis
made statement before the House Committee of
ways and Means relating to the scope and operation
of certain revenue laws Judge Davis was
formerly United States District-Attorney at
this port and bad had much experience IL the
administration of the statutes referred TO- Ills
statement is regarded as being the most complete
made TO the Committee 1t is herewith published IN
extenso emitting only few of It's opening para
graphs heretofore printed in THE TRIBUNE. The
report begins with the first Of Judge DaVlss testi-
mony given March 10:
MT Jayne told me that they wanted information as to
what had been the ruling of the under the statute
Of 1868 in regard the consequences of the violation OF
the statute; whether II effected the whole invoice g
whether portion OF invoice only as to which frauds
were alleged could be treated as forfeited Ihat IL tne
substance OF the question which he suggested said
10 these officers then present, Gentlemen am Wiling
10 give you any advice that YOU may think proper 10
can on me for but with this understanding: want 1t
10 he distinctly understood before say word more
about this case, that will not have any connection Win
any The fee is to entirely to my
the case is settled to-day hereafter will have nothing
80 do with that" then said: Now Will answer your
question SO far as understand the decisions they
arc TO the effect that the entire invoice is to be treated
n forfeited although have understood tha ueoison
has bcen made by Judge Clifford I'm in Maine
1au opinion which have never seen that the forfeiture
may be treated as limited TO the articles aot9ady
Affected" recolect that went on further to say tha
IN my iud ,ment that would be the common law con-
MI DAwEs-Wllat would be the common law construc'
Nit DAvIs-The common law construction wond be in
Of doubt. applying IL TO lo
TEXTURE the things actually Affected but that the con
revenue Jaws was that 1t was be more strictly con-
strued for the benefit Of the revenue reeoeet that
discussed the question the proper construction 10
be given said TO these gentlemen, also; Now, Itel
gari fees IN tins case will also say 10 you mat hose
gentlemen Une counsel for Phelps, Dodge Co. whom
had seen 10 passing below are extremely ANXIOUS as
Al seems have this matter compromised on the terms
proposed and want TO say to you VINO y aIs
are governed bv your interests you had better ac
cept The offered for no jury on earth VIII ever give
1ordlc IN tits for any such sum- OF for lthe OF
st. and probably jury will ever give verdict IN INC
case favorable TO the Government unless on SP1fl t
direction Of the Court and gave my reasons LOT tnV
Dodge & Co., Mr.. Wakeman and Hr Knox ana saia 10
then SSq5 ss id MI wsRmaH; think
CcTti6y it is n6 skd They persisted in
wanting TO know why aud told them tneIe MA Deeh
Attorney; bu that had seen those gentlemen, ana had
told them that would have nothing Whatever 10 90
with the fees and therefore supposed that had removed
them 10 accept your offer Of compromise wen good
have nothing TO do with the fees MI Wakenan SAID
thai thar was a very great injustice toward me. and
settled and that should have the fee. said 81 have
nothing do with the matter, aud shall have no
ice in the case" He said: lyon shall have fee in
The we ad hHys fee 9 6S y 6Te ySn
after the connection YOU have had win inns case,
treated in that manner" Isald No, nobody is under
any obligation pay any fee" went TO my ONCE,
and heard nothing more OF the until heard subse
quenty to the "a OF January he LIST OF January Dthe
holiday that letter had been Sent TO the District
Attorney to commence suit Tor million of dollars.
ard that offer of compromise had Deeh Sent IN 10 pay
ngTy. ana had melting more to 90 with Inc case saw
neither of the counsel nor any one else connected win
ii som DAVIS II.
house desiring talk with me about the case sald TO
have those attorney for the Government ana OF
! give you advice as counsel and can say
But after nc had talked the matter over very fully CIV
De claimed them to be- said TO him. "Ntr Dodge, while
told you, cannot gave you any ADVICE as counsel
own brother that think You ought not TO pay one cent
IN this ard in justice to yourself ana your mouse
his reasons for rone on with the settlement That ends
my connection with the case almost entirely. do not
rccOllrCt hearing anything OF any consequence
about it until was requested by Mr.. Dodge, after the
Retuemcn had been maze 10 wTe Ietter whieh ieIer
If mn" pSers at the Astor House asked Mr. Jayne if
he could show me how much bad actually been lost TO
Government by reason of these Violations OF the
law He said that he could, and he figured it ont, and
said it was sixteen hundred and odd dollars SAID to
him that surprised that the amount should turn
out TO be so small ana mat II seemed 20 me taat tne
Government would have the greatest difficulty II those
gentlemen chose to contest the case TO recover before
Jury those charges unless the court should direct
the verdict for the violations of the statute and that
Cusomhouse that in my Judgment no jury would give
verdict the wish 10 add that have on no
OCCASION except the one which have mentioned to YOU
had any conversation whatever with Mv. Bliss about the
case, and never made any suggestion or intimatiOn
made no ausion lis fee, and had idea, at the
time the conversation occurred in Office, when
suggested TO him to go down with me to the Custom
house and participate III closing up the case (which
supposed would be dOne and take half the fee that he
knew anything about the settlement Of the How
Mr. Bliss believe las judge he does from what he
stated to the COmmittee) that had proposed that
should share his fee with HIM Is very surprising 10 me
He may possibly justify himself from the TACT "a iaet
which learned after t'at interview, but not u the
next da) that he had that mornng before coming INTO
my room gone TO tue udge whether III ms private room
In the courtroom am not ADVISED, and taken the
official OATH which Mr. Bliss did not mention 10
nor had the least idea OF IT, The custom has always
been In that Office for the outgoing incumbent to take
At 10 the Court introducing ms successor anu move that
the oatn be administered him. That done my
case by Judge PCepOnt and am told that II has been
done IN the cases OF my predecessors Dut III tDs case
nave stated am informed That Mr.. Bliss went III
the morning before came TO the Office and TOOK the
oath He made no mention OF H. however, 10 me, ana
conversation was ever at any time had between US IN
reference 70 his taking or delaying to take the once I'll
the LIST OF January, when my resignation was 10 take
effect Invent through with all the duties and all the
business OF that day without the slightest intmaon or
idea that body else the officer either de Jure or
fdctO. never dreamed of IL, and /; has been sng
sted that Mr. Bliss gets the idea thai offered TO
his fee from the fact that he had taken the oath In
that manner before he TO You will have
OF from this statement that all the knowl-
edge had of the Phelps, Dodge Co. case while was
Attorney predcaed the affidavit of this
clerk of theirs (about whom L knew nothing; had
heard OF the person Defore but IT turns out that
ne individual whose credibty would have
been greatly shaken before jury. The papers In the
CustOm-h house aud those which exhibited by Mr..
Jayne the time OF the statement made 10 me by Mr..
Jayne the Aston House, had never seen, ana did
know that In point Of tact, the in their
OF a character which through all similar entrees
and that the valuation OF the goods had operated Ia
o,hcr in such a that She price stated In
the invoice much larger than the actual cost and III
such cases had produced probable oyerpayment of
duties. But. before wrote letter. these facts were
laid before IL appeared In substance, as under