New-York tribune., 1874-05-04
THE CUsT0MHoUSE Reform BILL


The bill to amend the Customs laws, re-
ported from the Committee on Ways and
Means by Mr. Ellis II. Roberts, seems to
embrace all the reforms asked for by the
Chamber of Commerce, and to be well devised
for the removal of the chief abuses which dis
grace Our present system. 1t repeals abso-
lutely all the provisions of law authorizing
the seizure of books and papers, but enacts
that in suits and proceedings, other than
criminal, arising under the revenue laws
the District Attorney may obtain from
the court q writ commanding the de-
fendant to produce in court at q specified
day and hour, any book, paper or invoice
which the said District-Attorney "beieves" I"
will "tend to prove any allegation made by
"the United States' The book or paper must
be particularly designated, however, and the
allegation which it is desired to prove must
be specified The intent of this section of the
bill is probably to authorize the production
and examination of papers only In open court
and during trial, and if the power were
reasonably exercised honest merchants would
readily acquiesce in it. But it must be evil
dent that as the bill is now worded great
abuses are possible. The District-Attorney
nav call for a cart-load of books if he pleases,
and whatever he calls for the court is obliged
to order the defendant to produce. 1t would
be better to leave the Judge at liberty to de-
eide what may reasonably be asked for, and
how long and under what circumstances the
books may be retained.
The system of mOietes is abolished, and in
place OF it fund is to be established by spe-
cific appropriation, out of which the Secretary
of the Treasury is to pay rewards toYinfOrmers
and detectives, under certain reasonable re-
strictions as to amount. Officers of the Gus
toms however, are never to receive such re-
wards, except for the detection and seizure of
smuggled goods. This is an excellent regulation,
for it cuts off the great source of Generalization
in the service, and at the same time offers suf-
fcient inducement for vigilance. Fraudulent
undervaluation forfeits the items undervalued-
not the whole invoice-and a fine not exceed
ing $1,000 is imposed besides for each otlense.
The omission to add to the invoices charges
for inland transportation, packing, and other
incidental expenses is not to be deemed fraudu
lent undervaluation, unless there is evidence
of gnilty design, but the Collector is required
to add to the declared valuation what he deems
an equivalent for such omitted items and to
impose as much more as penalty for care
lessness.
There seems to be abundant protection for
the merchant who has unlntentiOnally COM
mitted technical violation of the law. The
question of fraudulent purpose must be sub
mitted separately to the jury or passed upon
by the court if the action is tried without n
jury. The accused has, moreover, the privi-
lege of submitting his case to the District
Judge, who may thereupOn institute a sam
mary investigation. On the report of this
investigation the Secretary of the Treasury is
empowered to remit any fine, penalty, or
forfeiture which may have been incurred
without willful negligence or fraud, or to
order the discOntinuance of any suit which may
have been instituted The Secretary may also
remit fines, penalties, or forfeitures, on proof
that there was no willful negligence or intent
to defraud; but compromises by Customs OIL
GERS, Special Agents, and District-AttOrneys
are prohibited. Finally it is proposed chat the
liquidation of duties shall be q final settle
ment in the absence of fraud, or of protest by
the importer, and that suits for the recovery
of penalties, &c, must be commenced within
two years of the alleged Offense.
When these reforms are embodied In
statute, and the laws for ascertaining the
duties are properly simplifed and arranged.