New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-18
SOMEBODY'S C4RRIAGE BLOCKS THE

war.
Some weeks since a short bill was intro
duced into the Senate by Mr.. FcntOn, which
went far towards removing The incentives and
rewards the present Revenue laws hold out to
the CustOm-hOuSe ring OF professional de-
tectives. spies, and informers. 1t simply pro-
posed that in the case of irregularities or UNI
derYaluations occurring in an invoice of I'M
ported merchandise, the penalty of forfeiture
or confscatOn should apply TO the items
specifically affected, and not to the whole in
voice. In other words, it provided that if an
invoice of five thousand dollars worth of dry
goods contained an item of two hundred
dollars worth of liuen handkerchiefs, and
that in carrying out the cost and
market value of the latter the cost of the
cartons or paper-bOxes in which the handker-
chiefs were inclOsed was not included, the
item of the handkerchiefs and boxes or their
value should alone be forfeited, and not the
whole invoice of which they formed a part
That such a provision of law is just will APP
pear from the following considerations, if from
no others; and these are, that the PUNISH
ment for similar offenses should be similar,
and that penalties should not be dispropor-
tionate to the Offenses committed. And
vet as the law now stands, one importer
undertaking handkcrcliiefs by emitting
the cost of the cartons may DO
mulct five thousand dollars by the
forfeiture of his invoice; and another
for exactly the same offense may be fined fifty
thousand dollars by the forfeiture of another
and larger invoice. 1t furthermore stands to
reason that if the value of the goods improp-
70
pOrter by reason Of the differentiation must
be small also; and, as men do not often de-
liberately enter into fraud without strong mo-
tives the probability in such cases is that
neglect or ignorance rather than intent was
the occasion of undertaking. The punish
ment, therefore, ought to be light, as it would
be if only the item affected was cOniiscatcd
On the other hand, if the differentiation af-
fected a large number Of articles or IA whole
invoice, the penalty would be proportional to
the offense and to the greater probability of
deliberate fraudulent intention.
The bill in question Of Mr.. Fenton's was re-
fcrred to the proper committee, was favorably
reported upon, and passed the Senate without
objection. The action of the Senate was, how
ever, in the absence of Mr.. Conkling from
Washington, and when this Senator on his
return learned what bad occurred, he made
no secret of his disapprobation and it is well
understood in certain circles that the fiat has
gone forth that under no circumstance is the
Senate bill to be acted upon by the House. 1t
will not be aIniss for the merchants of New
York, and all others who entertain the now
somewhat obsolete idea that the Government
of the United States is by the people and for
the interest of the people, and not for the
interest OF those who hold Offices and admin
lister the laws to watch what happens to this
bill and who blocks the way 10 its becoming
q law.
The late report OF the Secretary of tho
Treasury, IN scswsg 70 Ihe salt OF the H9uso