National Republican. (Washington City (D.C.)) 1872-1888, 1875-01-21

The Supreme Court of the United States
has dared to make decision which the
independent press of New York deprecated
in advance. In so doing it has reversed
the decision of the United States Circuit
Court of the Southern district of New
York. This decision sustains the Treasury
Department in its application of the law
fixing the standard value of foreign coins
to the calculation of invoices of imported
goods.
1t so happened that this application of
the law may have borne little grievously
upon few OF the manufacturing importers
who had given large orders for French
goods of the best quality that could come
in under certain rate upon the schedule
to which it belonged. The advance in the
value of the franc from 1876. to 1913, equal
to about 8! per cent in some few Instances
may have worked change of position in
the classification, and consequent change
in the rate of duty. But these instances
were rare, and most of them were cor
rected by an immediate modification of the
order so as to conform the quality and cost
of the goods to the new standard of value
of coin without change of rate.
A certain class of custom-house attorneys,
brokers and agents conceived the idea of
making appeals from the decision of the
collector of the port of New York in all
these cases of French invoices. 1t must be
known that an appeal is a necessary con-
dition, precedent or basis for refund of
duties improperly collected. If an appeal
is not taken and filed within q certain
number of days after the entry is made no
claim for refund of alleged overcharge of
duties can be legally made. The agents,
attorneys, brokers, &c, before named COM
menced making the appeals in the names
of the importers, sometimes by author
ity, and at other times without the
knowledge of the merchant. Several cases
of the latter description having been made
known to the Secretary of the Treasury,
he caused circular to be issued requiring
all appeals to be signed and executed by
the importer himself or by an attorney
fully empowered to make entries in his
name. This caused large decrease in the
appeals filed for a timc but there was
already on file something near ten thou
sand cases. Meanwhile it transpired that
an ex-officer of customs, very near rela-
tive to high Treasury official, whose duty
it is to supervise the decisions of many of
these cases, was the active attorney in Q
very large proportion Of them.
AS has been already stated in these COL
umns, the fees contracted for in these
cases, generally contingent upon success,
varied from twenty-five to fifty per cent.
Where no contracts are made in cases
of refund it has been learned that in
many instances the agents keep the whole.
In these franc cases, however, no refunds
of consequence have been made, although
very powerful influences have been brought
to bear upon some of the subordinates of
the Secretary since the favorable decision
of the Circuit Court, Southern district of
New York.
The press of the commercial emporium
has enlarged daily upon the expressions of
the poor merchants by one Mr.. Blodgett,
whom it quotes as the author of all innova.
tons. 1t has accused him of being pro-
tectionist in the pay Of the Pennsylvania
high-tarif men, although it has never ex-
actly been able to show what interest the
Pennsylvania iron manufacturers have in
the standard value of the French franc
The Secretary of the Treasury concluded
that there was a "lsrge- sized cat in the pile
OF meal, and he would just wait and
watch. He therefore ordered the COL
lector of the port of New York to appeal
his case, which had been adversely decided
in New York to the Supreme Court in
Washington. 1t came here and was ad-
vanced on the docket and argued by the
Attorney General and his assistants. While
the case was in progress the Secretary noti-
fed other parties that their cases would
abide the decision of this court of last re-
sort.
The decision was rendered on Monday
last in favor Of the Government The de-
cision of the court below was unanimously
reversed. The result Is hard on the boys.
They had not only played every hazardous
card to inaugurate favorable condition of
the atmosphere, but they had betted all
their loose change on winning the case.
As times 60 it is a wonder that they were
not successful, but as the Supreme Court
goes the decision is just what might have
been expected. 1t retains some three to
five millions which the people, the con-
sumers, have already paid back to the i'm
porters in the Treasury, instead of refuud-
ing it to the agents, importers, brokers and
agents to be distributed to the venal men,
bers of the press, the bar and the lobby.
The people are ahead this once, thanks
to the frmness, honesty and intelligence of
the Secretary of the Treasury, and his able