New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-04-20

o,1 ~, .Io time mr. before the duties are paid "hen
no such protest is made. then, under lhe law q" ~
terpreted by the Supreme Court, the merchah' n no
nodv The charges and commissions cases are al IN
M .,thi, the second class The Supreme Court
has also decided that prospective protests may DC nue
A. dv,pce against particular class OF exactiohs' anu
,ha sncb protests shall have the same effect as Dous
a separate one was attached to each entry
MONEY ILLEGALLY PAID BACK.
General Curs said that he should bring 10 the a''oh
ton of the committee three classes OF cases;
First those which have gone TO Judgment anu ""'0
been settled and paid in the Treasury Department
SecondL, those which have been made up at the Gus
tom House but have not gone TO Judgment
ybjr,y those which have gone to Judgment but nave
not yet been paid by the Treasury /,
The ease of Sampson & Baldwin, he said, was au lu-
stance Of the first class The amount OF uues
ua,.oI, e,,rded to this firm is ABOUT $4,000 This
case has been settled at the Treasury Department anu
the money paid over NeSsrs. Sampson haiu"'n o"
,lovod "a ter attorney Mr. Albert Douglass jr agree
ing with him, as many other merchants do' 'Ha' ~
sbould prosecute the in their name pay al Va
uonses coIr fees etc. and receive commission ol ~
per cent on the amount recovered. III lsol inc iii
furnished to Mr. Douglass bill OF particulars "
90 ,i, claims On the It OF July, 1871 M'ssrs Sahp-
son A. BALDWIN imported 500 bales OF iron weighing 20
iona valued AT S22O. To the cost OF tins there WIS u
ded at the Custom House el3 sterling 10 eo'tr w
frrichts upOn Che iron nom SaloidShlre Naes' W -
erp6o protest against the payment OF duty on thls
I'll sterling was regularly filed az the thnc uie en,'a
WAS completed, ana copy OF IL l"Io chlo'u ~ 20
book kent al the Custom House Tor the purpose VI
cordng aud preserving all such protests lnS ilUi,'
said nothing Whatever about duties on Cui rl Iy
which were cxactcd at the same time as Is piWVsT ~
reference 10 the copy o II found at the NSm nrs
tom House. On looking up tne ehtl!a w - nrorcst
found that second lIosltCu,No ti.ii,i,,', An
the form Of which was mhosraphed, oRlee'lS vas ~
the payment of duties Oh colh'ieslu uI ,ro,,st
attached The fac, that no copy OF the second pIt
Is found ~ the records OF .g t' ,I p nj some dale
sulseGurnt 10 the time the duties were pau on
the sTghSsn :" or obout 900 has been refunded
by the Government, while about Tloouy nag uO,n
repaid tic original and regular protest "Io"u' nun
In November 1888, the same firm imported goods 10y
the Forest King and the records III the custom losc a.
Nrw-YOrk show that no protest Whatever was maui
against The payment Of duties on charges ana couhls
siOLs To the alry, however two protests nave pCtn
attached one gains, paying duties on charges ana le
othcr against duties on COMMISSIONS 10 SNOW , no"
General Curtis introduced an affidavit signed by Norman
b. Sampson. WHO was member OF te MN. -, nc ~ ~
tat he mas examined the first of the entries referred 10,
auu & ~. ottcEr his signature at the request OF
Alfred DOuglas IT,, wLO AN attorney was lIOsetu'
Inc the claim OF the finn against the GONcfhMent, d'
S re,rsrnted that the paper was Tor the
nU,.tion of The case the protest. he lac signed
after 1851 but lie never knew at thcie WAS an! 'n-
pe second case OF the first referred TO by Cen
eral Curtis was tnat OF strong smith aSahS Two COZ
ectoTs oi the Port OF NeWYork, Rcdhed aud Sche 70
Vi,,l ii 0Su WAS aId This firm caused to be printed
upOn their protest winch Is incomplete ~
cause it specify the particular eXacohs 70 lie
nayInent OF duty upon which The firm objected They
also placed their i'll the hands OF Douglass WhO
General Curtis SAID, solicited TINS business ron d
chants knew nothing about his manner OF proceed
The Original protest being insufficient DSc'Se U
spycifc enough, one, of which record 10 Inuhu
I'm the Custom House. was atterward attached BOth
members tins hTm are now living ana General Gurus
introduced alhdaVls signed by cdeh OF Ine Ina, t
MIR Joseph NJ. Strong says that the signature to the
bten made by ms partner Mr. Smith; the encries
were made by Mr. Strong himself ana on ne dates ON
custom House were the printed ones already referred TO-
How subsequent protest came 10 be Htcheu 70 .Ie
a. lttI At
was nnpU sipe for his partner, Mr. Smh 10 haNt au-
tuOuzed il the time, as ne was thti ltSins ~ Euiov
MIR sut his affidavit, says that The signature seems
va os sgn II Al Inc lime when 1t appears have been
dated ~ he was then residing Ia Manchester EhGahu
Affcr the dissolution Of the hrm ne signed an hltc
niti Alfred Douglass ir aud may signed the
tt in Guc.tion on representations by DOuciass that
sls9 asserts that he would have refused TO sign # II
had been antedait the time, u had been attached
The thru ca of this kind introduced by General
Curtis was that OF T. b. COddingon Co. against Col
ccOrs Kcdheld and Sche, ON when ABOUT SVVVVy wa,
naid The original protest in this cannot De found
M all but the record In the department SHOWS That
protest made against the payment OF duties on lees
but none against those commissions. Mr. Benjamin
A. Mason was q member OF this finn, and swOre 10 an
affidavit that lac made an entry 10 which The fraudulent
protest must subsequently have been attached. THIS
protest to have been signed by hm' out he Is Ger
tain that 1t was not attached to the entry al inc te Oh
It's signature, thinks that his signature must nave
been removed Otner protest and attached TO
this one
TAMPERING WITH PROTESTS.
Nd but are held awaiting the settlement Of those already
in Wasbiugton-was treated briefly by General Curtis.
lie showed from papers which he produced that the
sum OF 81 100 Is claimed for the firm OF Wilson Brown,
as refund the basis Of protest which has evidently
been changed since the entry Of the goods was made
The protest in this consists OF two parts which
are pasted together, one written and the other
printed The written portion of the protest
is duly recorded in the Custom House, but
no trace OF printed portion IS found there In TINS
instance, worked the case up finding that the
gna protest was insufficient added 10 u ~nat was
necessary make 1t tine basis for the suit IN question
The Acker Harris on which SIS is claimed,
and that of Phelps & Co. against schel Collector were
made up in the same way
FRAUDULENT CLAIMS NOW on FILE.
The third class OF cases-those now In the Urea
sury Department awaiting payment-are twelve in
number aud amount to Sl2,2O1. General Curtis read
reports upon three Of these cases which he has recently
made TO the District-AttOrney OF New-York
The first Is that OF william +. Dodge & Co. against
schel Collector. on which judgment for $17,49S 80
has been obtained General Curtis reports that this firm
in his opinion not entitled TO anything from
the United States for the following
To enable them to recover necessary that they
should protest" in specific terms to the Collector
against payment Of such duties they had
10 suppose were being illegally exaced from them by
him ana that protest should be filed at before the
of paying the duty. On the lst OF February, 1906
directed the Collector OF Customs to keep record
OF such protests for the protection OF the
from which, after due aud sufficient proof Of loss a copy
could he made for transmission TO the department with
the certified statements and that this regulation
complied with the part of the Collector appears by
referring TO the thirteen volumes which comprise the
portion OF the records OF this Custom House. Attached
TO the certified statement forwarded 10 the department
In this case, find what purpors to be copy of pro-
test attached To entry OF Phelps, Dodge Co.. per
James Foster jr" the LIST day OF July 1887 the day
which Collector Schell came into Office signed by said
firm but, eXammingtbe record OF protests above
ferred TO- unable 10 lind any record OF IL, although
protests by other merchants entries by the
Gal dad Mi tesfm ms nv
firm on out OF $50 entries made during Collector
Eches Of Office or that any protest made by
Of the $50 entries above referred al
though nave examined them thoroughly, with the ex-
cepiOn Of that by the James Foster, jr July 1857