The New York herald., 1879-02-04

cessors, he is now to be adjudged guilty, but Is
vice. Charges were made long before l became
Collector against one who had been for nearly
a. quarter OF century an oficer Of the Custom m
Deputy Collector. They were then investigated and
declared unfounded. They afterward more
were made against him for his acts after became
Collector. They not only dismissed by Mr..
shermans predecessors and his promotion approved
but were also dismissed by Mr.. Sherman himself.
who after personal investigation stated in his letter
or June 80, 1871 81 do not sufficient for
movai' and thereafter approved his reappointment
GRATurTIEs.
In referring to his restoration to Office of store
keeper whom had removed for taking gratuities
ana whose removal had been approved Mr.. sherman
says that the storekeeper "a man of unimpeach-
able character that he has been told that the fee paid
was part OF his compensation for writing hours
there was nothing to show that he was corrupt in
his receipt of this fee and therefore revoked his
dismissal But il ''Vnimpeachable character is
goou excuse for taking fees in this why is it
not Ill the case of clerks employed in making up
statements for refund Mr.. Sherman, with his per-
sona acquaintance with at least of these clerks.
will hardly venture to say that his character is not
nnimpeachaDe. Again, If it is excuse i'll this
for taking gratues that they were taken i'll com
pensatoil for writing over hours, why is not the
tact equally defence for these refund clerks,
whose work was all done "over hours and for the
entry clerks, weghers and inspectors, all of whom
can with equal proprety Justify their taking OF
the money alleged to have been received by
them by the same excuse of "over hours?
Nor is there any pretence that there was anything
corrupt in the taking of any of the fees referred to
by Mr.. Sherman. Tney were taken in pursuance of
practice which had existed for great many years,
which had been tacitly if not directly approved by
more than one collector and secretary Some of
them, such as the payments made to inspectors on
the discharge OF vessels for work done hours,
sometimes through the whole night, have been in
corporated with the existing system, while others
continue under the administration OF those whom
Mr.. Sherman so highly comnends.
Mr. sherman says that as to the storekeeper
already referred to. where Mr. Arthur gets authority
to assert that his restoration made the request
OF prominent politicians y is beyond my
knowledge" II he will refer to his letter to me Of
June IL, lS7S he will find my authority himself.
CHARGES AND COMMISSIONS
AS to the payment by attorneys OF compensation
to the clerks employed out of Office hours in making
up the statements for refund in charges and
mission cases Mr.. Sherman that do not state
what fact in saying that the Objectionable practice
OF receiving pay from the importer suggested by
the law officer OF tho government. He adds that the
Collector does not anywhere intimate that they
to be paid other than by their salary allowed by law
Let us see who does mot state what is fact. For
about six years prior to 1871 the refndng of duties
illegally exacted in these had going
Hundreds of suits were brought. The Court held
that there defence, and all that
was necessary the ascertainment of the precise
amount due and such ascertanmcnt arrived at by
these statements for refund Such statements were
uniformly made up by clerks in the employ Of tho
government. For this service then rendered some
times at least during office hours) the clerks
paid, beyond their regular compensation witness fees
at the rate of 81 so per day. the being taxed
for them in tho bills OF costs and paid to them,
though in fact they attended in court except
simply to swear that the calculations they had made
were correct, but they paid witnesses for
many days it estimated they had been occupied
in making up the statements The records of tho
Circuit Court in this city abound with such bills Of
costs enclose copy of one of them taken at random
The amount in this case, in others, appears by
the Judgment roll to have been taxed for and paid
q clerk in the Custom House. In 1871 change in
the system OF sposing OF these cases was directed
referred to the Hon. Edwards Pierrepont. Tho So
licitor was familiar with the existing system incud
ing the payments made to clerks witness fees, and
change system -
presume there will be difficulty in securing tho
prope clerical assistance in making the adjustment
hitherto been detailed to that duty.
If the Solicitor supposed these clerks were to do
the work part of their official duty and without
extra compensation he would hardly have used such
language. He would rather have said - Will
that the clerks in the Custom House directed to
make the statements for refund, or something Of
that nature; but in fact, he had such idea The
whole subject of the pay OF the clerks matter
OF decision with him. They paid for their SER
vices after the went before Judge Perrepont
they had been paid previously, the compensation
being taxed witness fees, frequently for large
number Of days, though they were before him in
each only long enough to swear to the truth Of
their calculations. The system has continued
since It has been directly sustained by the Circuit
Court when, taxation Of costs, former District
Attorney objected to it, and it also assented to
by the Secretary of the Treasury tMr. Bristow).
PERMITS.
Mr.. Sherman says that the department makes no
complaint of the issue Of "free permits for the ad-
mission of goods not liable to duty after lawful
examination by proper officers, but he says he does
complain of the free entry of goods subject to
duty without examination and without apprase-
ment." The fact is that "free permits are issued
precisely as they while in Office
There is just the same and just as little examine
ton now as then. If the practice was wrong under
me 1t was equally wrong under my predecessors for
half century, and Is equally wrong under the act
ing Collector. The only change in the system which
mas 5eea maze % @ nor many years was IN the
by which goods which had previously escaped
duty because the amount in each case was trivial
1axx- &1.o
considerable gain was made to the government. OF
such informal entries there have been under the
ing Collector an average of 100 month. These are
of course, in addition to the 'free permits"
INCREASE EXPENSES.
AS to Mr.. Sherman's table of changes in the force
employed in the Custom House. 1t should be observed
that these changes in part from changes in the
system At one time the department directed that
about seventy persons previously paid as laoorers
should be transferred to the roll of officers thus max
ing apparent increase of force when there
none in fact The table of changes in the force and
expenses pages IL and IL is, far II relates
to the year 1877. manfcstly incorrect it claims
that increase of eight persons in the force caused
an increase Of S146.vO in expenses. The table, so
far 1t is correct, shows that there decrease
in force and increase in expense in every year after
1874, but Mr. Sherman. while expressly admitting
that could not change either without the sanction
of the Secretary OF the Treasury holds response
bic for every increase but gives the credit of every
decrease to the Secretary and special agents
With reference to the offer OF position abroad. If
would resign the Colcctorship, Mr.. Sherman
to il as If IL casual and passing matter. In
faCt. however, not only was IL Onercu me, out when
was obviously about to decline ii il suggested
that should not give an immediate answer, and
subsequently, the OTTER was renewed Mr.. Sherman
utterly misstates my reason for declining 1t.
JAY COMMISSION.
As to the constitution of the "Jay Commission" I
had nothing 10 do with making it UP further than TO
do what was directed by the Treasury Department.
Az to its procedure / informed by the chairman
that it could only investigate systems. not indi-
viduas, and the commission refused to receive evil
dence to meet specific charges. some of which
psradcd as proved or admitsed. There
cross-examination allowed: every one who thought
he had grievance permitted to state it. and fre-
quently in secret witnesses coached by details
of special agents who had apartments ut a promi-
nent hotel, wherc one member of the commission
constantly attended Mr.. Sherman in his letter follows
the mission In stating lit testified that there
complete list of irregular fees adopted by all
the weighcrs, though his attention had been
directed by to the tact that while witness so
testified all tho other weighers. twelve IN number,
denied the statement under OATH and in vain asked
TO be examined After such sample of the pro-
ccdure OF the jay Commission it is unnecessary to
20 into further details.
Mr.. Sherman says that the evidence before the
I.N