The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-11

ssss' and a' IT,: : sss'ss @
elusive for and against the importer and
the government and that the penalty
forfeit OF goods be limited to the goods not
properly invOiced. These provisions were OPP
posed. iop the reasons thai the law Is unconst-
age and unnecessarily severe and oppressive; be-
cause in its operation 1t has Leen found subject to
abuses. and iurther that Its tendency Is to drive
commerce out OF American to foreign lands
ION THE HOMESTRETCH."
Mr.. Jayne briefly argued the constitutional point
in support of seizures OF books and papers, re-
marking that there Ia a natural adversion to pay
ing the exactlons OF the government. He believed
The effects of the decentralization growing out OF
the war were more serious than the loss OF life and
blood. We are in day OF wild and extravagant
speculation and there Is more evident disposition
to avoid taxation than at any other time. He be-
lessenIng and that tnere is an Improvement
In political and social morals alfaws are necessary
TO mer
chants. The law ID not too severe II properly ad-
mlnisered. 1t was the dnty OF Treasury agent
to perform the duties or his ONCE in the detection
OF frauds on the revenue, and they are subject to
fines and penalties II they unaithful. He knew
The books and papers OF house are taken the
warrant OF District Judge, 1t first being neces-
sary TO- show that there is probable cause. II
otherwise, the aggreved party has the right to re-
dress. firm in New York did bring suit IN sucn
' SEIZURE OF BOOKS AND PAPERS
The committee had been told that all the books
and papers OF merchants were taken away with
out the required legal Identification. This was not
his experience. So lar as he knew the opposite
was the fact In his entire practice he knew OF
was in the case OF Phelps, Dodge Co. The Dis
trict Attorney, Noah DAVIS took the responsibility
had been SAID here his es
mony before the Senate special committee
cusom aouss IN IN cy n1s 5ne
mittee was told something about handouts, but
he would say here, as he said before that special
committee, tnar he was compelled to give direct
answers to direct questions and therefore had no
opportunity to explain. He was on that occasion
replied that pair was lett there by an Ofiicer OF
the Eastern District by accident. They had been
up @ Ha n9@ Aver e III .na
historic value. One OF the wrlstets was locked
and the other unlocked. He never saw the key.
He would repeat mere that never an unkind word
passed between him and an importer.
Evening Session.
Mr.. Jayne resumed his statement before the
committee COMM this evening He had not come here to
the name OF the law or under the law. The COM
mittee had been told that books and papers mad
they were prevented from settling their accounts
or transacting their current business He knew
admitted at all times to see their books
or take any data from them they may
the e
open at all times to hear grievances, and, ii any
order mas been dts0beyed the remedy is with the
Courts. The committee had been told by gentle
man now present tMr. Schultz that he had been
going around among merchants and feeling the
Gentleman, but If you were to array all the the
convicts Of all the penitentaries in row and ask
them, "Are you guilty 9' there would be one uni
versal "Nop' Iii were true that abuses exist
under the law, and men have been mulct for tech
ncal errors, there should be such legislation as
would do away with such abuses The arguments
that the present system would drive trade from
Aua m int rnifr hand and
just. He then referred to various cases of frauds
and how frauds are committed, such frauds as
have been called technical errors" Obtaining a
clue to frauds he traced them to the end and made
the wrongdOers tell the truth. He produced ndict-
ments against certain men put they had to be
used in criminal prosecutions. Their letters in
structed their agents IN Boston. New Orleans and
elsewhere how to act In order to carry out the COu
sions Tor defraudng the revenue He referred 10 the
large manuscript book which he had brought with
him to show from 1t numerous cases where frauds
had been committed in the method described. 1t
had been SAID some Yankee has invented process
by which blood can be squeezed from turnip, but
Jayne said, 1--WE don't know how that Is done, bad
| as we are"
FIFTEEN PER CENT OF THE REVENUE LOST.
The government now loses fifteen per cent OF the
| revenue, Notwithstanding all the inducements to
| prevent fraud. II the law Is wrong and Oppres-
act Tor the good OF the entire people first inquire
what kind OF law is necessary to pro-
chant. II the Keeper Of a mere corner
grocery can be punished for 9 violation
W,
merchants be punished-men who have intelli-
gence and have clear understanding of the law2
1t has been said he had made much money; but
he could have made more by single transaction
namely, by taking check for large sum of
money to leave the city, where he was not
popular among those whose frauds he undertook
to detect. There are but lew men who have cor
rect idea OF the extent of the business OF New
YORK. sxty-nne per cent OF the customs reve.
cent comes from coin paid as duties. Business is
done IN hurry. 1t coulc not be transacted as
| n w Init tVxA
dugouts and schooners arrive in a year.
1t is fact that the COnsuls invoice cannot be
but In that OF the consignor, and in a OF sus
pected fraud 1t takes day to find single tripi-
cate invoice in the cart loads which are brought to
NEW CUSTOM HOUSE FOR NEW YORK.
The business at New York cannot be properly
and accurately transacted with the force at
present allowed, and in some departments IN
adequate salaries are given. Congress would do
wise thing If it would vote $50. 100000 to put up
custom house where all the business could be
done. The increased duties the government
make this wise expenditure. the en-
tire Battery should be covered with
custom house. Jayne, continuing his showing how
cover up wrong. Let those who have done wrong
suffer Tor their misdeeds. But he was here to
against living man. and lie was here to "te!l the
truth. the whole truth and nothing but the TRUTH
se nsp MN e had avav e OF ms remarks
ing to serve the right and eStab-
lIsh the truth He said the law of 1867 ought to be
amended in several particulars, He would put
his proposition in form. II there was anything
wrong or doubtful in the oath prescribed, IL should
be made plain as daylight, so that no man may err
But II you loosen the obligations men under to
pay taxes or revenue, you cannot collect the
money.
TAKING OF PRIVATE BOOKS.
Mr.. Roberts, OF the committee, asked Mr.. Jayne
whether he, IN any case, had taken from the mer-
chants any books other than those bearing on the
charges OF fraud
Mr.. Jayne replied that 1t was the intention In
every case to conine the act OF seizure to the
mercia books OF the house; books had OCCASION
ally been taken other than those requir ed,
but not Intentionally. He Iurther SAID that
he had never opposed the settlement OF cases. He
made recommendations only when the Secretary
asked Tor them. lie never employed counsel but
once in a case before the Secretary, and that was
to prevent a man from concentrating dishonor-
able scheme.
Mr.. Foster inquired whom he employed scoun-
sci.
. Mr.. Jayne replied-General Butler. On ques.
tons of law which he did not understand he had