The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-19
THE SEIZURE OF BOOKS AND PA
PIERS OF PLATT & BOYD.

Important Decision by Judge Blatch-
EOrd-The Law Authorizing Books ind
Papers To He Seized Held To BE COnsti-
tutional.
1t will be remembered that, under three war
rants ISSUED by Judge Batchford in the United
states District Court the 14th o. June, 1873 the
10th OF June, 1879, and July 20, 1874, respectively
the books and papers OF Platt 4 Boyd, glass i'm
porters OF this city. were seized by Custom House
officers on the allegation that Messrs. Patt r
Boyd had committed fraud OH the revenue by
the differentiation OF goods. The defendants
filed petition praying for the restoration OF their
books ana papers, and claimed through their coun-
sci that the seizure in question was wholly illegal
and not warranted by the law or the constitution.
Fun argument having been heard upon this point,
the Court took time to consider. aud yesterday
Judge Btatchlord rendered q long but able opinion
sustaining the consttutionality OF the law under
which the seizure question was made, but hold
ing that the books and papers must be Immediately
restored to the petitioners, IA the government
have had them long enough TO examine ana make
such extracts from them as they desired. Sub
joined we give the prime pal portions OF
THE DECISION.
The constitution gives power TO Congress 10
slew and collect taxes, duties, mposts ana
excuses TO pay the oebts and provide Tor the
common defence and general welfare OF the
United States" and 10 make all laws which shall
be necessary and proper Tor carrying INTO execn-
ton" the other powers given to IT. me nth act
passed by the First Congress was the act OF July
81, 1852 ''to regulate the collection OF the duties
imposed by law on the tonnage OF SHIPS or vessels
and on goods. wares and merchaudises imported
into the United Statesr This ac; contains
numerous regulations To insure the collection Of
duties on i'm ported goods. Among vther things Ii
provides that in any where collector is
piciOus OF fraud and where goods which have been
entered are not iarly nvolced 1t shall be his duty
TO take them into his possession and retain them
until their value Is ascertained and the duty IL
paid or secured; also that 1t shall be lawful Tor the
collector, on suspicion OF irald, after
goods have been entered to open and examine
them; also that every collector, naval oficer and
either OF them Tor that purpose. snall have full
power and authority to enter any ship or vessel
IN which he shall have reason TO sus-
pect any goods, wares or merchandise
subject to duty shall be concealed, ana
therein 70 search for, seize and secure any such
goods wares or merchandise; and II they shall
have cause to suspect concealmens thereof in
any dwelling house, store, building or other places
they. either OF them, upon application on oath
or affirmation 10 any justice OF the peace. be enti-
tied TO a warrant TO enter such house. store or
other place lin the day time only and there to
search ior such goods, and il any such shall he
found TO seize and secure the same Tor trial"
These provisions OF law were enacted by the same
Congress which proposed the two amendments to
tne constitution referred 10, and 1t cannot be sug
gested with any force that these provisions OF the
Law could have been regarded is In conflict with
those amendments, or the Congress which proposed
the states which ratified those amendments
could have regarded those amendments as forbid
ding the enactment OF the provisions OF the act OF
July 81, 1885, or OF kindred PROVISIONS. Those pro-
visions relate to the high ana sovereign power OF
Congress to collect duties on imports, and they ex
tend TO the authorizing ofthe seizure, on the mere
suspicion OF the Collector and without warrant,
OF imported goods: and II the opening and exam
ination OF the same after SEIZURE on the mere sus-
plclon OF the Collector or other officer OF the Gus
toms, and without a warrant; and II the search
mere SUSPICION by the Collector. Naval
goods ana SUBJECT 70 an 'be sn
or person specially appointed by either OF them
Tor that purpose, and without a warrant: ana II
rha mo- Mt NJ ma rfi tyla dual luF astl
store, building or other place in the day time
under warrant to be issued by any justice OF the
peace, or oath or affirmation, on the application OF
such officers, II they have cause to suspect . cou-
cealment therein Oh goods subject TO duty. These
searches and seizures certainly were not contem-
plated to be unreasonable within the meaning of
the fifth amendment, either by those who proposed
or those who ratlDed IL; nor could they, 40 far
they were authorized to ue made without warrant
have been contemplated 70 have been unreasonable
for want OF a warrant. 90, too these searches
and seizures could not have been contemplated TO
be in conflict with the nth amendment as de-
priving person % property without due process
OF law. These searches and seizures were sum
mary ana severe but they were In tine exercise OF
the power OF Congress TO collect duties on imports,
and cannot he said not TO nave been necessary ana
proper 10 thai end. As is said by the supreme
Court in Murray's lessee vs.. the HobOken Land
Improvement company Us Howard 2I2) There
has been no period since the establishment OF the
English monarchy where there has not been, by the
law OF the land, summary method Tor the re.
cOyerv OF debts due TO the Crown and probably
there are lew governments which do can
permit their claims for public taxes either the
citizen or the officer employed Tor their collection
or disbursement, 70 become subjects OF judicial
controversy. according to the course oil the law OF
the iand;" and imperative ne cessIty has forced
distinction between such claims and all Others
which has some times been carried out B., sum.
mary methods ol proceeding and sometimes by
systems or fines and penalties, but always in some
way observed anu yielded to- search for and
SEIZURE vi gooos subject 10 duty made as part OF
system or the recovery OF duties and IL a neces-
sary ana proper part Oh such system. such
searches aud seizures as the act OF 1889 au-
thorizes, nave never been held TO nave been un-
TcaSoDaDie. The regulations oil law O.
curing the payment OF duties on Imports. and
nnding means Tor enforcing their payment prop
erly extend TO punishment Tor the violation of
such Iegu'auDns. lney also embrace properly the
forfeiture o. goods 10 be enioIced through Their
SEIZURE lot Trial and q search Is a proper part of
that seizure. The foregoing provisions Tor The
search for and seizure oil goods have never nsen
questioned as ia conflict with the constitution II
imported goods may be searched or ana
seized, because alleged to nave been i'm
ported or entered in fraud OF the revenue il
Is difticult TO see why books and papers, which
relate 10 the goods III respect 70 which such fraud
IL alleged to have been committed. may not he
searched for and seized and examined. or course
what Is TO be searched for ana seized books ana
papers, which not only relate TO the goods, bnt
WIN SHOW the Iraud. The fourth amendment 10
the constitution h. directed against a search Tor
ana seizure Of effects as tull, as 1t Is against a
search for and seizure Of ''papers,f and is no
more fuly directed against for ana SEIZURE
OF 'papers lhan ~ Is against search Tor and
seizure OF ''enects.n Under the nth amendment
merchandise ~ as fully property az books aud
papers are. and books papers are no more lully
property than merchandise il. Books ana psDers
8ppcrtalDuR 10 auO cNluencIHg frauds
revenue IN respect to imported goods, cannot be
said to he unreasonably searched ana seized in
the abstract. II y search Tor and seizure Of the
goods themselves be not, In the abstract. up-
reasonable; and if seizure Of goods imported in
fraud OF the revenue does not IN the abstract, de-
prIve person OF the property without due process
OF law, seizure OF books ana papers appes-
tanning to and evideDctng sncn fraud cannot
be said. in the abstract. TO deprive "A person
without due process OF law oil his property
IN the books and papers. search and seizure
may be unreasona0ly CONQUERED III execution,
under the statute authorizing II, and thus the
rlgnt OF security sought to he protected by the
fourth amendment may be violated, and under
what ~ due process OF law, as authorized by the
statute, person may be deprived Oh his property
when the statute aid not contemplate or author
lie sucb deprivation, and thus the Nth amend
ment may De violated. But these things are not
the iauit OF the statute a. II stands. They grow
out oi the iact that the statute In administered in
the Particular case, in manner not authorized
by Iae statute. They are siolatye AXE oil the