New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-04-19
IMPORTERS, CLAIMS.

IMPORTERS CLAIMS.
SECRETARY sHERMANs REFUSAL TO PAY in THE
"CuARGEs AND COMMISSIONS" CAsEs-IMPoRT-
ERs ARGUING FOR AN APPROPRIATION
lBY TELEGRAPH TO THE TRIBUSE.l
WASHINGTON, April 1S.-When the present
Administration came into power the Treasury Depart
ment by virtue or orders issued during General Grants
term OF Office was paying from the so-called perna
nent annual appropriations certain classes Of old CLAIMS
which In the aggregate amounted TO thousands not
millions of dollars. Among the most important OF THESE
were refunds of customs duties, which included Inc
Charges and commissions cases.
The claims known by this title arose under an act
which was repealed in 1868. By law passed in lsol
collectors Of customs required to cause the actual
market value or wholesale price of goods imported into
the United States he appraised ana TO add to suc
value or price all costs and charges except insurance
including in every case, charge for commissions nj
the usual rates in order to ascertain the true Vane oil
the goods at the port of entry Under this act the
Treasury Department required collectors OF customs TO
add TO the value OF goods imported less than pig
per cent tor commissions, and in addition TO this all
charges except insurance, which had accrued prior 10
the time the goods left the last port in the foreign
country including cos, of TRANSPORTATION, etc. These
charges also added in where goods had been
purchased to be delivered free on board.
With regard these eXactOns, the importers assert
that they should be required to add only the usual com
m ssons whether greater less that Jig cent? ana
2 only such charges should be added rs accrued
before the merchandise set out TO determined dcstlua-
ton in the United states and that ia where goods
were purchased free board nothing on account OF
charges ought to be added to the cost.
As Of the Treasury Department were to col
lect the duties charges and commissions In the man
described, importers in making entries at first pro-
tested and subsequently prospective protests that Is
protests against particular decisions, setting orth that
the importer intended that such protests should apply
all future of like character, were filed In 1864
the law was repealed, and II decided that the in
depreciation OF the law made 10y the Treasury Depart
ment was not proper In some cases where for
nal protests filed with the entries refund OF the
duties made without suit In other cases suits were
brought against the Collectors Of the ports and judg-
mens obtained In others still there was an agreement
between the importers their representatives. and the
Government the United States TO submit the cases to
referees and their reports accepted as the indg
ment Of the court.
The whole number of cases arising under The Act OF
1851, as shown by report Of Assis;ant-secretary
French, dated November 80, 1877, is about loo.
OF these sixtyhvc were settled prior TO lsoo'
without suit The whole number of suits brought is
l406 and the number pending 77G. OF which
tnrtysix are not pressed by the claimants The num-
Der paid is 1885, Of which tYeutyeght were feopened
and paid leaving OF the original cases 605. On account
of these COS 1913 payments were made. amounting
to l72 90 At the time OF Judge Frenchs report
there were twelve cases in the department awaiting
payment amounting 10 $42.2Ol II, and twelve other
made up, but not at that time forwarded TO the
department, amounting to S279l7 II. An estimate OF
the amount called by the pending unsettled cases
shows it TO be about 81, ssj0OO Secretary Sherman
suspcnded the payment Of these claims OH the ground
that the appropriation out Of which they were being
paid was not available for that purpose, but in com
munication TO Congress on the subject dated December
IA, 1877, he said
The examination which has been made OF this class OF
by the special agents ana other Officers OF hs e
parment has been dgent and thorough as pOsslO,c
but has failed satisfy either OF their justice or lie
eality understand that very large number OF these
Claims have passed OF the hands Of the original hold
of proportiou whole involved, and that in
some instances they have been transferred TO two or
three hands. The records do not show when ana Ia
what courts the suits commenced, nor whether the
statute Of limitations was lntefposeh AIter Ililgeni
eolts IL has been found impossible to get the full record
and docket Of the pending In some eases 1t APP
pears judgments have Deen opened ana tue amounts
An exCollector Of the Port OF New-York stated to
tanned beyond any doubt that parties who were acting
ms attorneys in this class OF paid large sums OF
nancy TO clerks in the Custom House services
dered IN getting up the evidence upon which such claims
based and that upon learning at lact ne AZ once
dismissed the employees He also stated 10 me that III
examining OF the vouchers In this class OF cases
while he Collector, he found that the entries to
which the protests were attached were wrinkled and
mutilaed while the protests themselves were clean aud
had the appearance OF being nearly from which he
inferred that the protests were attached to the entries
through collision with OF the officers OF the Gus
tom House long the entries made II has also
been ascertaned that in some OF the cases III Whch pay
ents have been made protest OF any description
now be found attached to the entry although the papers
filed in the Treasury Department on which such pay
ments made had attached TO them what purp0rtcd
! to be copies 81 protests made IN due form .
The facts before stated and those disclosed by the
with the SecretaTys communication. theI
In appropriation Is made would II extremely
difficult for this department TO act upon these claims
1t is therefore respectfully recommended, In case
vision is made by Congress FOR the payment OF such
claims, that the evidence upon when such payments
shall DO authorized together with the rate OF interest
be computed should be fixed by the act making the ap
preparation, and that such appropriation II made be
| available only for this class OF cases.
In accOrda with these recommendations Of the Sec
rotary Of Treasury the House Committee Appro-
priations is now act upon the subject
its meeting to-day argument in favor Of appro-
pration to pay judgments already rendered, and
make provision for those yet TO be rendered. made
by Mr. Jordan ex-Solicitor Of the Treasury, and
one OF the attorneys for the claimants His argument
in favor OF this class Of claims substantially the
same as that made by Judge French in ms favorable
port upon them dated November 80, 1877 Mr.. Jordan
spoke for about seventy minutes today He win com
plete his argument tomorrow, and will probably be fol
lowed by exAttorney General Williams also retained
for the claimants and who expected to make short
argument
Some facts tending to sustain the position which Sec
rotary Sherman has taken against the payment OF this
class Of claims will also be presented by representa-
tive of the Treasury Department after which the qucs
ton will be passed upon by the committee
CURRENT TOPICS AT THE CAPITAL.
A TEXAS AND PACIFIC ARGUMENT.