Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1874-05-22
NoIETIEs CONG OVERHEARD.

MOlETIES GOING OVERBOARD.
The pernicious moiety system is fairly
on the way to extinction. The House
has passed the bill prepared for that pur-
pose; the Senate will probably do like
wise. Some discussion ensued in the
House when the bill came up, but not
vote was recorded against its passage.
Mr.. Roberts of New York reviewed the
system, showing that it originated in 1899,
and was supposed to have been repealed
in 1876, but reappeared in consequence OF
the rebellion. Mr.. Dawes made the clos
ing remarks upon the subject, in which he
dealt it heavy blows. He said the atten-
ton of Congress was called to it three
years ago. Two years ago he brought to
the notice of Congress the complaints OF
merchants and bill passed the House
but nothing was affected. The operation
of the system was then shown in cases
which were cited, and the character OF in
formers was mercilessly denounced. Some
attempt was made by Beck and Wood to
create political feeling and capital, but the
effort did not amount to much. The cred
it of repeal belongs to the republicans.
They initiated the movement and carried it
through.
The bill as it has passed the House re-
peals all acts authorizing the present sys-
tenn and provides a substitute. The sub
stitute starts with the provision that all
fines, penalties, and forfeitures are to be
paid to the United States instead of to in
formers or Customs officers. AS original
ly reported, the bill contained section
requiring the production Of the books and
papers Of suspected persons, in order to
obtain evidence of frauds upon the reve-
nue., but this was struck out. The Secre-
tary 1.-THE Treasury is authorized to re-
ward with sum of money not exceeding
one-half the value of the goods seized, any
officer of the Customs or other person who
"shall detect merchandise in the act of
being Struggled" or which has been
Struggled. But it is expressly provided
that there must be an intent to defraud in
all such cases. Another stipulation is that
the reward to any person furnishing infor-
nation of violation of the Customs law
shall in no case exceed $4,000. 1t is also
provided that no compensation shall be
paid in any case in which judicial proceed
ings shall have been instituted, except up
on the order of the court.
The sixth section of the bill is the one
which strikes down the moiety system. 1t
provides that, except in cases OF SNUG
Cling, it shall not be lawful for any officer
of the United States, under any pretext
whatever, to receive any portion of the
money which may accrue to any person
furnishing information; and it is made
misdemeanor, punishable by fine or inn
prisonment, for any officers to do so, and
they are also made incapable of holding
thereafter any Office of trust or emolu-
ment under the United States. Beyond
all this, it is declared that any person pay
ing any such money to an officer shall
have perpetual right of action against
him to recover it. This statement of the
section lie sufficient to show that it will be
impossible, after this bill becomes law,
for any Customs officer to have any inter-
est in any goods seized, except in actual
cases of smuggling. If they seize goods
in the act of being Struggled, they will be
entitled to such reward as the Secretary
may choose to give them, but beyond that
they are to have nothing but their salaries.
The bill next proceeds to define the
rights and liabilities Of importers with
great precision. The intent to defraud
must first of all be established and that
being done, . fine not exceeding $4,000
may be imposed, and the particular item
of merchandise to which the fraud relates,
instead of the whole cargo, is liable to for
fixture. All the goods may be levied upon
to pay the fine, but they must be released
upon the giving OF satisfactory bond.
But nothing whatever can be done in this
way except upon judicial proceedings.
All frauds must be reported to the District
Attorney and investigated before Com
missioner. In cases which get to the
United States Courts as provided by the
act, the intent to defraud must be submit
ted to the jury as a special issue, or, if
tried by the court alone, the Judge must
make special finding on this point. Sum-
mary investigations are also provided for,
when demanded by the accused. This
portion of the act ends with the section
which declares that no Customs officer,
Special Agent, or District Attorney shall
compromise any case or release any per-
son from any fine or penalty. This pow
err is confined exclusively to the Secretary
of the Treasury, who may act in accord
ance with general regulations to be estab-
lished by him.
These are the provisions of the new bill,
which now awaits the action Of the Sem
ate. The reform which it will accomplish