The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-28

applies a little common sense aud ordinary de-
ccncy to the enforcement Of the customs laws,
in the same aafr. and that Mr. bennett
has NJ lenst oncc offered the Government every
facility to test any claims ii desired TO make
upon them or him. This case sufficiently Illus
trutcs the truth VI the suggestion of the Serre-
tary that thu Government had lost very con-
siderable NWount ot duties by this prnctico.
The fact believe 10 he that il has saved In
cXpens" more than Il has loaf IN duties. though
II ia uuitr possible TINT the officers wera In
exceptional ruscs Imposed upon, ANA gave free
permits When none should have been given.
Mt Sirrmuu's reference to the charges and
commissions cases affords n striking instance
OF the manner IN which lac makes insinuations
without vcnturng upon assertions. lie saws
TINT il was disclosed that the clerks engaged
in making up the statements oi the refunds in
those cases received gratuitics from attor-
nrys." He couples thus with the statement
So ''i far rs eXSnncd they tt6o cases." we're per.
ccted in n fraudulent manner. VIZ. by attach;
ing protests to the entries after the entries had
been nude while the law required them to be
ments are put together obviously with the in
who receivcd "cratuties from attorneys"
committed the frauds in the protests and did
1t during my term u Office But the Secretary
knows that there is no particle Of evidence that
connection with the protests. Indeed. II still
remains TO be proved that any fraudulent pro-
tests are on He in these cases. On TX parte cv-
idrnce. some ot which at least. IL clearly UNI
true the Secretary induced Congress. Mt its last
session. To order that all payments on judg-
merts obtained in these cases should be sus-
pended The attorney for some OF the plain
tifs. among whom are some OF our largest and
most eminent merchants, promptly Of
fered in writing to have the judgments
set aside and 20 allow the Secretary
hr declined the offcr and the result is TINT there
are now some thirty or more judgments Of
record which are, in elrct. Judgments against
| were obtained on fruuduieH protests, though
Tor nrarIv year he has refused 90 take any
step to prove this assertion. II should be added
| that the Government admittedly has in its pos
| session Il large sum, illegally taken from ner-
chants Tor duties. aud that II is seeking in these
! cnsrs to avoid returning H. on the ground that
protest against its illegal action WAS not made in
| time. Ifthere nr"any fraudulent protests on fle
| il is indisputabe TINT they were placed there
! long before took Office, The allegation that
/ there are such has beef revived under every
| Administration for fifteen years past; for il
| shouid be- borne fin mind TINT these eases arise
| from matters which took place prior to 1893.
| Ii Is IN his action to these clerks tina; tho in
| sincerity OF the Secretary in making their con-
! duct one of the charges against mo ~ striking
! ly shown What the clerks do Ia the charges
| and commission eases Is ~ take the entries.
and. drawing IN from them the items held by
! the courts - have been illegally included in
| making up dutabe value, " reckon and tabu-
! late the duties paid on such excess. and to cal
! culate the interest thereon. and then TO 20 be-
! fore a referee. appointed by the Court but Sc
| ected by the Government. and swear 10 the
| truth OF their work md calculation. subject TO
| cross -eNnm nation 10y the United stntes Auor-
! ney This work they performed ont NJ ONCE
| hours. Any one else could DO Il as well as they
| who had access 90 aud Understood Custom House
| papers. Access could be obtained by having
OF the papers. and while IN his hands the calcu-
luuons could be made by any person employed
by him. Th.s course was pursued Tor a long
time. but several wears SINCE the Solicitor OF the
Treasury suggested that II would be- better 10
employ clerks In the Custom House. as then
not be- removed from the Government
custody. aud the attorneys for the
importers assrnted 10 the suggestion. which
they would hardly have done II they expected
! thereafter 10 introduce among the papers
| fraudulent protests, ~ their opportunities were
obviously much greater q the papers were oul
OF the possession OF tho Government than II
they were retained IN It's possession. In nc
ierrrd 10 10y Mr.. sherman were employed. and
q course they were paid by the importers OF
their attorneys, the work being outside Of Gov
ernment hours aud not done for the Govern
mcnt. There has never been any allegation
much less any evidence that those or any clerks
have made any OF the cAlculations wrongfully
except that the importers have on several occH-
sions claimed that the clerks had erred in favor
Of the Government. and the Circuit Court has
So decided. Ii will therefore bo perceived that
there WAS no wrong t. the Government worked
by these clerks. and that the Objectionable
importer was suggested by the law OH
Ger Of the Government. and. as he
Al these facts Were investigated by me and r.,
ported 10 the Secretary in April. 1878. and hi.
directions awaited RS 70 the proprlrty Of the A.
herewith enclosed. The Secretary retained th'
| clerks in on -. and fhPy are stu there. Nj
failure 20 remove them wuon thut power rrstet
only with the Secretary Is urged rs lusiiylnl
my suspension. while inter that the actinl
! Collectors failure 10 remove them is regarded
by the Secretary rs a good ground Tor his con
nrmation.
Mr. sherman repeats IN detail some az N,
statements Of the Jay Commission, though b.
is careful not 20 refer 20 the fact TO which call
81 his attention in my letter OF Nov. %. 1877
that OF the fifteen recD mmen dntions made To-
The Commission. two are for the Introduction q
what already existed. eight are repettions .
my own previous recommendations one onl
Z differs from my accommodation In CARRYING
reductions to what elovs to be- an unwise eX
, tent. and one other is both unwse and illega
] There remain the extension OF hours, III
. classification OF officers. and the omplaints ~
70 weighers and gauGers AS TO the two iirs
they relate to matters the control over which l
; vested in the department. and not myself. A
: 20 the weighers. reduction OF this force woul
have been made before this time II no Commits
sion had existed.
The mode Of appointment and removal. III
| tenure OF ONCE, and tile general civil servlc
, | policy OF my administration, which constitute
! tho chief burden Of one. at least OF the jay re
ports. seems TO have been 50 success fully de
: Tended by mo that the Secretary abstaips iror
any reference 10 H.
=. Mr.. sherman SAYS that for series OF years
5 from 1872. the receipts from customs ut thf
4 | penditures had. with the exception OF singl
2 year. steadily increased" He then gives "a Ia
. bic purporting 10 show the receipts and expen
, ditures IN each year from 1872 TO 1877. whicl
however is not strictly accurate for eve
i | one Of the years. | do not quite understan
, | Wnethcr pit. Shtfmhn proposes 10 Holu IN
n | responsible for the diminuton 81 receipts
I this port In his tabular statement. he begin
. with the year 1872 when, under my admins
tration. there WIS collected the largest sum owe
received. He then parHdes figures TO show IN
/, decrease in the revenue down to 1877. the cause
OF which should be- known 10 him as legislatC
- and az Secretary Of The Treasury Apart irQl
: the depressed condition OF tie commences OF IN
4 | country. these causes are u be found IN the a.
/, of May /. 1872. repsaling duties on tea and 90
/. fee: the act OF juno 6. 1872. reducing rates
duty 10 per cent (rcstornd March 3. 1879, an
T. a idlng many articles % the free list tue act q
n March l. 1873. declaring free 80 all fish oil an
: fish % all Kinds the product o. the fisheries
p the Dominion %; Canada. Prince Edwar
A Island, and Newfoundland" the decision
y, the Treasury Department Of Dec, 3. 1873 und,
4. which. oranges md lemons were admitted tr,
4, until July !. 1874. after which, per act oi May
/. 1874. they were nude dutabe; aud the act
a Feb. s. 1875. reducing duties and adding 9th,
n articles 10 the free list The Collector. whory'
!. he may be. cannot augment the importation
aud without lmportatlons lie cannot collect roy
r. emo.
: As to the expenses, they were increased fro
" year 20 yeur because there were Improperly,
IS not illegally charged 10 the expense OF collect L
q the revenues large amounts over which h0
IS no control. and which. in strictness, had moth I
Il 20 do with the current expenses. Ihus. IN 10
| and 1876. there were expended s2oOOOO IN \
< ting up the new Appraisers stores. In lsl
A I there were charged 10 the account over 8lbd