New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-20
HE COURTS.

SEIZURE OF BOOKS AND PAPERS.
TIE SEIZURE ACT OF 1867 DECLARED coNsT1TU-
TroNAL BY JUDGE BLArcHFoRD-rHE Return
OF PLArT & BOYD's BOOKS AND PAPERS OR
DERED.
During the months of June and July 1873,
B. G. Jayne made upon information and belief, three
adayits and complaints to the effect that Plat BOYD
had defrauded the by importing plate glass at
an undervauatiOn. Upon those aftiavlts ana com
plants Judge Batchord OF the United States District
Court issued warrants for the seizure OF Piatt
Rovd,s books and papers and theyi accordingly
taken into the custody Of United States Marshal FsKe
After the lapse OF several weeks, Pat BOYD endeaV
ored 10 learn something about their seized properly
from the Marshal He referred them 10 Jayne VINO IN
turn referred them United states DlsrictAuorpey
bliss Deriving no satisfaction from Mr.. Bliss, Pat
Boyd through their attorneys Stanley Brown Carke'
presented to Judge Bachford petition for the release
OF their books and papers and for the vacation oi the
warrants under which they were seized.
The principal question discussed on the nearing OF 'n
petion was as to consttutonality of the statute
under which the warrants referred to we're issued'
That statute says:
d, ,s ps Cot Court 6y complaint Andsvit that any
fs1 on the revenue as, been so@ ~ p a ere6nd
said Judge shall forth Vito '.Ss Si 'siraA' enter any
premises where any invoices ZOOS f % s 1 ALLEGED to
have been eornIatt Of such ooon na
and produce them before sad Judge and any invoices YoA
allow the examination BY tie Collector Of astops
OeeI duly authorized y SAL ToIS 5s n IN hi. opinion
The retention hereof may be sH no S The :h.
alleged the the same and TIE ~
with report Of and proceed a,Sa
shah be to the Court Of the ~ ~
which such Judge resides -
II was urged that the provisions OF that statute
IN conflict with fourth and fifth amendments 30 'e
Constitution The fourth amendment provides that
The righ az the people their persons houses
AMI effects against unreasonable searches an1 seizures sh'n
by oah or AT Ayit describing the place 10 Os
aud The peSoD or things 70 be seSel. ., -.
The hnh amendment saws that no person snai
deprived OF fe liberty property without due process
of layD In the course OF long decision, gwen on
Saturday sustaining the consututionslity OF the statue
in question but releasing the books and papers o f
a Boyd on the ground that the Goyernmet nad nAu
possession OF them long enough Judge Batcnicru says
The Constitution gives power TO Congress 70 a s h
collect taxes, duties, imports and excuses "
debts and provide the common defcnse aiu !. 90
welfare OF the United States and 10 make al ~
which shall be and proper Tor caIJ AZ ac,
execution .ns wa. The act Of July 1881,
10 regulate the collection OF the duties lmposo
Oh the tonnage OF SHIPS OF vessels ana on sJ u
and merchandises imported uto the niteu osaVer
This act contains numerous regulations 10 lnsuIo s
collection OF duties imported goods Anons oa
collector Is suspicious OF fraud. and that gopus
which have been entered are ~, NOT Them into MS
possession snd retain them until their value u
tanned and this duty pail or secured also tas ,a
after goods have been entered to open and examine
them asO that every collector. naval 0nloeI a -
yeyor or other person especially appointed aatnor
lily enter any sup vessel in which they sli nao
suspect any goods, wares, OF merriam srch
Ject duty shall be concealed, and therein " a.in
Tor seize ana secure any such goods wares merchan
dise and II they shai have cause W su'V0e'