The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-04
THE, VALUE OF FOREIGN COIN.

Yesterday question OF much Importance to the
commercial community of New York was argued in
the United States Circuit Court before Judge
Nathaniel Shpman. The question Is involved in
the suit OF Auguste Richard and Others Chester
a. Arthur, Collector OF this port, and the matter
now comes up on an agreed statement OF facts.
Messrs. George Tlcknor Curtis and Webster d
Craig appeared for the plaintins, ana Mr.. Bliss,
United states District Attorney, Tor the govern
ment. This is an action at law brought to recover
from the defendant an alleged excess OF duties on
imported goods exacted by the defendant and paid
by the plaintiffs under protest.
On the 10th OF March, 1884 the plaintifrs entered
ut the Custom House invoice or all-wool dress
goods imported from France the value OF which
was inv0iced in francs OF the currency OF France,
amounting, together with the charges and COM
MISSIONS to 5,629.30 francs By the act Of Con-
gress Of May %, 1916, in force at the time OF the
passage Of the act or March g. 1873 II was provided
that 'ln all computations at the Custom House the
franc OF France, and Of Belgium shall be estimated
at Is misn At this rate OF estimation OF the
French franc in money OF account Of the United
States. the duttable value OF these goods. consist
ing OF a3l6 square yards was CAL or less than 20
1857 goods OF this description when the dutable
value is less than 20 cents per square yard, are
subject 70 an al vaorem duty Of IS per cent and an
additional duty OF cents per square yard; but
from this amount 10 per cent is to be deducted by
the operation OF an act passed June Q, 1872. Com
puing the franc at Is clio cents the amount of
DUTY mat couldD levied on the 5,3l6 square yards
o. the ABOVE mentioned Importation was S619 49,
March s. 1873, Congress passed IAN act TO estab-
slisht the Custom House value Of the sovereign or
pound sterling Of Great Britain and to fix the par
under section OF this law, estimated and prepared
two tables. On the goth or December 1873, the
Secretary OF the Treasury issued the Collectors
letter or Instructions ON the list of January,
1874, the Secretary Of the Treasury, by a
sabies theretoiore prepared BY the Director
OF the Mint In compliance with the provisions
OF the first section OF the act OF March g. 1878. The
defendant. claiming to actunder the instructions
OF the Secretary OF the Treasury in determining
the -dutiable value Of the paintifs' goods, estl-
mated the franc ut 1890 cents, which estimate
carried the dutiable value or the goods above 20
cents per square yard and BY The provisions OF the
existing tariff laws subjected them to ad
valorem duty OF 40 per cent and an additional
duty of cents per square yard, less ten per cent
to be aeduoted under the operation Of the act
June 6. fS72. Com putting the franc at 1890 cents,
the amount OF duty that could he levied on the
Ma s which ans Se
exacted and the plaintiffs paid under protest, the
plalntins claiming that the franc should have been
estimated at Is 6-l0 cents and no more. The
plalntiffs' claim to recover the difference between
the amount ofduties which they offered 20 pay and
On the 18th OF April, 1874 the plaintlrs made
subsequent entry or goods OF the same description,
also n % ,e q "
amounting. together with the charges ana CON-
missions. TO 1927 francs So confines. Under the
act of May % 1886 estimating the franc at Is cents
mills in money OF account Of the United STATES,
the dutiable value OF the goods already alluded TO,
less than 20 cents per square yard, and at such
sSsrs a Ssses i s. sss s.s, .ss =
additional duty OF cents per square yard, less
~ per cent TO be, deducted as above mentioned.
Computing the franc at Is 6.l0 cents, the amount
oil duty That could be levied 1850 square yards
o. these goods was Sl,2s6 %. Ihe de endant,
claiming to act under section OF the act OF March
g. 1873 ana under tie Treasury instructions, in de-
terminins the dutlable value vi the piaintlns'
goods, estimated the franc at 1890 cents, which
above 30 cents per square yard and Nv the pro-
visions oil the existing tarlf laws subjected them
tonal duty OF cents per square yard, less 10 per
cent, to be deducted as above stared. Computing
duty Lnat could be levied on the 1880
square yards OF this Importation was S1,552 90,
wnicn amount the defendant exacted and the
plaintiffs paid unuer protest, the plaintiffs claim
Ing that the franc should have been estimated at
is 6-lo cents only. The plaintiffs claim to recover
they offered to pay and the amount eXactcd from
them, namely s3l5 6s. The case is submitted to
the Court on the pleadings and the statement OF
facts. Ii the Court shall find as matter OF law.
that In deter naming the dutab!c value oil the sew
eral importations the defendant ought to have estt
mated the franc at Is clio cents, judgment snail be
entered lor the plaintiffs In the sum or S472 81 with
Interest, AZ damages, w.t. COSTS But II the Court
shall find as matter OF law that In determining
the dutlabie value OF the said several importa-
tons, the defendant could rghtiuliy estimate the
franc at 49, 80 cents, Judgment shall be entered or
the defendant, with COSTS.
This case becomes interesting and important In
view Oi The TACT that there are several Others OF
similar character depending upon the issue OF the
one now at argument, ana as Messrs. webster and
Craig appear as COUNSEL Tor large number OF the
importers interested IN the result OF the action,
one OF their cases. the present one has been
selected by the District Attorney as test. The
District Attorney has received Instructions from
the Secretary OF the Treasury TO appear and argue
the case The argument has not yet concluded.
MIR. George T. Curtlss spoke at considerable length
In reference to the policy CT the law winch author.
lied assays OF gold coin 70 be made once year
ana reports Of the same 20 be submitted 10 Con.
gress. The MINT was TO be used la collecting in-
formation as 70 the actual condition OF foreign
coin that came into the country lie quoted
several statutes authorizing this practice
BUSINESS IN THE OTHER COURTS.