The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-06

on the bench the members OF the committee, as
lawyers appreciate the complaints OF the members
OF the New Orleans Bar, but say that It
does not constitute such an offence as
would Justify impeachment articles being reported.
The suppostiOn Ii that II Judge Duren had been
more agreeable less arrogant in his manner,
many OF the abuses complained of would have been
corrected, or rather would never have existed;
but these are not OF sulcient magnitude to Justify
a trial by impeachment, but are attributed to the
temperament OF the Judge, and not to any purpose
on his part to intimidate the members OF the Bar.
The only point in reserve Is the famous midnight
order, and here arises political aud judicial OBJ
stacle from which the committee would gladly be
relieved. The members, with two or three ex-
ceptions, say that to impeach Judge Dureli
Tor issuing that order would be TO impeach
the republican party. Judge Durel It appears is
not only Jealous republican, but has contended
from the outset that the Enforcement law gave
him plenary power to act as he did, ana for this
onence II 1t be such. he Ia ready to stand trial to-
day. The majority OF the committee, however,
are not disposed to permit him this honor On
the other point-the judicial character OF the act
the committee are OF opinion that 1t would be q
great violation OF the spirit OF the constitution for
them, Legislative capacity, to impeach the mo-
tlves OF United States District Judge In making
any order while the higher courts exist to pass
Judgment upon the decision and orders of the
lower tribunal, remembering that to the judici.
airy, and not to the legislative branch Of
the government, is confded the interpreta-
ton of the enactments OF Congress- In this
connection members OF the subcommittee say
they have been unfairly criticised for not probing
all the circumstances OF the drawing OF the mid
night order. The Senate Judiciary Committee did
that year ago, and the testimony was reported TO
the House for the action Of the Judiciary Commit
tee OF that body. 1t was carefully examined and
on the vote to report articles OF impeachment for
perverslOn OF his authority only two members
voted In favor OF the report and on the motion to
report articles to impeach him for usurpaton OF
authority IN his capacity as federal Judge the
vote was the same. The members of the commit
tee in this Congress, who were members in the
last Congress, are B. F. Butler, jeremiah NJ
Wilson, Charles A. Eldridge and Clarks0n N.
Potter. The democratic members are the same
as in the last Congress, with the exception
of. J. Jewett, OF Ohio While Judge Durell, 1t is
claimed Will never have occasion to tender his
resignation to escape impeachment the partisan
members OF the committee will, in the majority
report to the House, asking to be discharged from
its further consideration, take occasion to give
Judge Durell such character as will assist those
who may wish to csnonize him hereafter.
Important Treasury Decisions.
The following decisions have been rendered by
the Secretary Of the Treasury old metal sheath
tngs taken from the bottoms OF foreign vessels In
foreign port are dutiable when imported into the
United States. A lot of old metal sheathing which
had been taken from the bottom OF the Chcsa-
peake, foreign vessel at Demerara and i'm
ported into the United States by the same vessel,
was held, Notwithstanding it was claimed to have
been Of domestic manufacture and to have
the United States to be liable to duty. Cotton
Innings, manufactured with few threads Of FAX
in the sewage, which, however, did not change
the commercial character Of the goods, were held
to be dutiable as convertible cott0ns, under
the prOvions OF section IA Of the act of March 2,
1851, and section 10 OF the act OF July IA, 1852.
Enamels OF gold or other metal so called consist
ing OF small paintings or pictures intended to be
set in gold silver and manufactured into articles
ofjewelry, were held to be liable to duty at the
rate OF twenty per cent ad val0rem, under the
provision for enumerated manufactured articles
contained in section "a Of the act OF March 2 1862
as these cannot be considered as paintings or
works OF art as claimed by the importers En-
cravings which ha,. been manufactured and bound
into book fornfo over twenty years were held to be
not exempt from duty under the provision Tor
books which shall have been manufactured more
than twenty years at the date OF Importation lin
the NTH section OF the act Of June g. 1879
they not being printed books within the
meaning Of that WORD as used therein, but liable
to duty at the rate OF twenty-five per centum ad
valorem less ten per centum, under the provision
for engravings bound, contained in section IL OF
the act OF June 80, 1864. Straw bonnets, trimmed
with silk ribbons, artificial flowers, &C., having
been ascertained to be commercially known as
straw bonnets, Notwithstanding the trimmings,
per centum ad valorem, less ten per cent, under
the provision in section of the act OF July H. 1852
for bonnets hats and hoods composed OF straw,
&c. Brown earthenware jars, imported contain
ing SALT the same being unusual packages for the
conveyance Of such merchandise, and being valu-
able for other usesafter being emptied of their con-
tents, were held to be liable to duty the rate OF
twenty-five per centum ad va0rem, notwithstand-
ing the fact that they were used for such purpose.
The District of Columbia Investigation
Begun-The Public Schools.
Investigation into the charges against the Dis.
trict government made by the memorialists was
begun to-day. Senator Thurman presided, with
all the members OF the special committee present
except Messrs Boutwell, and Jewett. There were
present, on the part Of the District authori-
ties:-Governor Shepherd, Lewis Clephane colec-
tor Of taxes; J. o. Wilson, superintendent of pub
lie Schools; George E. Baker, Comptroller, with the
counsel for the District government Messrs. Har-
rington, Stanton and Mattlngly and on the part Of
the memoralists, Messrs. Columbus Alexander
II. s. Davis, Jesse B. Wilson, and several
others, with their counsel, Messrs. ShellabarRer,
Merrick and Chrystie. Mr.. e. Champlin trustee
Of public Schools J. E. Thompson, principal Of the
JEFFERSON public school, and several others were
present. The first witness examined was George
E. Baker, District Comptroller, with reference to
the public schools and all the facts in relation to
their support. After the adjournment OF the COM
mttee Mr. Thurman said that memorial nu-
merously signed had been presented to the COM
mttee asking it to investigate the validity OF the
general sewer tax of the District of Columbia. He