, 1876-04-25
THE MOtETY LIE.
L FILL EXPOSITION OF TIE CASE.

i FULL EAIUSlI&1N VI THE CAHE
10 the Editor ~ The Chtcaoo Tribune:
MILWAUKEE, April M.--The charges against
Secretary Brstow, as made and reiterated by All
orening paper Of this city from day to day. have
finally found their culminntiou. Judge Cato,
the Representative Of tho Eighth WlsconBin..Dis-
tHct, has secured Tue adoption. in tue House Of
Representatives., Of a resolution calling for an in
Vestlgation OF tho Mary Merritt case. But how
llttlc Mr Cato and tho m1n who drafted tho reso-
lutlon know about the matter bccomcs apparent
from tue facs that the resolution states that tho
Mary Merritt bad baen scizad for violation OF
tho customs lawB. I showed In 4 former cournu-
nicasion which appeared in The Ta1nuaE Of Sat-
day, that
THIS STATEMENT IL FALSE,
just ~ are many other ssstcmonts made by this
Hhme evening paper In connection With the
charges. In the paper reforrcd to- reference Ia
frequently made to = Illegal document that it
cost $1,000 to auprroaa "-or to "brief that
secured Mr. Weiss Ills mo'oty, but did not fright
en- Mr.. BriBtow from ptrpetratng = direct stcal
from tho Treasury" In view Of this fact I
deem II proper to dnvote little attention to this
"legal document"
Under tho act OF March 0. 1897, tho Secretary
Of The Treasury has power to remit lnca. pen-
alties. and for feiturca incurred under the Eoye-
GuG hul IAFlb ihHbt RAA tA4b tt"II 0A@
tends also over tho moloty OF tho custona OH
GERS, to which they wero formerly eptltled un-
dor tho Law. .....
nut THIS rowEn CEASES
when tho petition ts dismissed, aud wArraHt
OF non.tetnssion IL granted aud filed with tho
court. 1n tho case boforo us, petition for re-
mission was made simultaneously With Al sp-
peal to the Supreme Court, and it IS known that
| this first petition WIS dismissed by tho Secre-
| tarY Of tho Treasury, March 70, 1874. for toth-
n,cal defects. and upon tho onin!on Of tho
Solicitor Of tho Ttoaaury, Nr. Dautleld, " That
| the petitioner could: not. on appeal 70 the e3u-
prems Court, Claim thas there was no forfeiture,
| nrd at tho same tlmo, By petition to the Hccrc-
| taIY, admit forfeiture"
| IT Is ALSO kNo.N
that afterwards. in May, 1874, motion ~as
| made for Eohearsug; that Secretary lllchard-
son, upon tho strength Of N affidavit Of tle Pc
ed tue case, grantod reconsideration Of tile pc
sition on is merits that. upon consideration OF
| thoHo inertia, tho Secretary OF tho Treasury
decided, May Il. is34' slas 10 remission .s, Or
| warrant Of non-romlHsion should staNd and TO-
| MRlu IN full forco.
lr1AA a MATTER Of PACT AM Law
tlat whom tAia decision was 1nade, aud the var
rant OF uon- remission was fod with the court III
the manner required by Law, the suit Of rcnin.
sion becamo res adiud'ca as far ~ tho clam Of
| nfr. Weiss, or any oshcr private individual
claiming moity, WIS cnpcorne,.
| NQHs HHbH .tof4lH' E11pAA &u4 4.sAAa l'1ti-
toned tho Secretary Of the Treasury, undor t!,e
| administration Of 11t. DrtstoN, by letter dated
| Eopt. ], 1874, for hnothor hearing, with view
Of obtaining discharge or tue Judgment o!..
te1od against tho vessel aud her boudsmen, hr.
Weiss, to protect l!s vested right ia said 1udR
1ncnt, protested against a reopenlng Of tho case
In lettor dated September. 1H74, printed IN
brief form and addressed TO tho Hon. d. II
I,s,stow, Secretary Of tho Treasury, claiming
that roopening of the suit OF remission, viii,
| WOW oG IGmistlng the trhole forfeiture, was un
authorized by law and in support of the protest
ho quoted frocly ....
an his argument for tho claimants flied witt
inR iu May previously, Mr. Dtistow having thet
| maintained "that such seoponluK the Law
nowhere allows II TINT mo Court dIsmiBses
suit In order 70 mako tho partlos bring it agnin
| abh tlst tAesa ts no sort Of doubt, II tue patl
zion IL dismissed, the customs officers riN i,lss
ire are barred Gts lato haring been erhaustetl b,
The flrgt acl,on." AID this doctrine, ~ adyocas
e1 by Atr. Htistow whilo pleading ~ counsel il
behalf OF tho Ted8al-ow1eEs, uaa quoted ny Dit
Weiss In his protest, in order to show that tn
| claim Of tbs cuatona offacoTa to tbs f1tseitut
bad become
! ATEsTtD HIGHT;
and Furthermore, 40 fsr ~ this claim or utoiet
waa concerned, tic oA&s WAa plsood beyond TIL
scope Of further interference bY tue Secretary
the Treasury Or any ons tasc.
True, thia protest. or brief. WAS mailed to III
Secretary Of tho Treasury for the purpose 0
defeating the petition Of Measts. FolAnd an
Evans. above referred to built ts also troa til
this protest HAz
ENTIRELY UNNECESSARY AND su9EnpLuouB,
"A 1t will appear tom the flea Of tue Treasury Dc