The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-18
FROM OUR REGULAR CORRESPONDENT.

WAsHINGToS Jan. II, 1879.
THE KID GLOVE APPRAIsENENT LOUD COM
PLANTS AGAINST THE SECRETARY OF THE
NEUTRALITY-SUSPICIOUS. TO CONGRESS OF A. t.
STEWART & co.
Mr. Hewitt will offer in the House tomorrow and
ask unanimous consent to have read the following
petition received by him to-day from the house of
A. r. Stewart Il Co., the object being to have the
printed in the Reeord. The petition is addressed
to the honorable the Senate and House of Represen-
tatives of the United States. and is in these words:
The undersigned would respectfully represent that
they engaged in the importation of merchandise
of foreign manufacture into the United States, and
that the year last past importers have been sub
jected to great embarrassment and injury by the
wrongful action of officers of the United States gov
ernment through the means resorted to by such
officers i'll fixing the pretended dntiable value
of certain portions of such merchandise; that
by the perversion of law in its admins.
Of merchandise is substituted for the true
naa vanes xe are ara con
arrived at by simulated observance of forms,
while the spirit and intent of the law violated in
such ways permits of no redress through the
that by the terms of the revenue laws the actual
ket value. wholesale price of merchandise in the
principal markets OF the country wherever il is
ported at the time of expectation, is to be ascer-
tanned the true basis for the assessment
OF duties; that the appraiser of the port of
New York, a government officer, IL charged
by law with first liking such value; that from such
appraisement if Incorrect the merchant may appeal
to a tribunal consisting of the general government
appraiser and one merchant appraiser selected by
the Collector OF the Port that, in such general
government appraiser and merchant appraiser dis
agree in regard TO the valuation of such merchandise
the Collector of tie Port must decide between them:
that the tribunal so constituted consists OF govern
nent officers, with the exception of the merchant
appraiser and he also Is appointed by the Collector;
that by the arbitrary acts of the three government
officers composing courts constituted-namely.
IL
praiscr and the Collector, acting in accord,
and az has been alleged under strong in.
timations from the Treasury Department IA
to what decision was expected from them and against
repeated reports of the merchant appraisers sustain
ing the true value as stated in the invoice, mporta
lions of merchandise have been advanced to arbi-
.rary and false valuation by which penalties have
been unjustly imposed; that the functions of such
officers have been declared by the Supreme Court of
.he United States 10 be judicial and that an Interior
with such officers would conflict with all just
notions OF judicial independence or judicial purity;
and when done and sanctioned as to public officer
1t would shake confidence abroad well IA ut home in
the administration of system and that in
all free countries public sentiment ia much shocked
by an interference with judicial duties tending to
warp them. and more especially IL 80 made
10 be likely OF influence pending qucs-
ton in favor of those interfering; that IL
has been decided that the Secretary OF the
Treasury has power to control the Appraisers or
the Collector in their duties. The law gives 10 their
Judgment, skill and discretion the determine
Secretary may not, directly indirectly. subsi-
tute his judgment, skill or discretion for Theirs
that the Secretary of the Treasury has appeared
through his personal Representatives, special agent
of the Treasury, before his subordinate officers at
such appraisement in the capacity of attorney
advocate that the Secretary of the Treasury has as
informed and believe. given instruction to
the acting Collector and to the general appraiser in
regard to the decisions expected to be rendered by
them, and that the acting Collector. subscrvient TO
the will OF tho Secretary of the Treasury. has,
trary to law. dictated To the general appraiser the
valuation he should fix upon merchandise; that by
such unjust and unlawful action of the appointing
power false and fictitious ADVERTISEMENTS have been
substituted in the place and stead of true valuations
that by such unjust actions both the letter and the
spirit Of the law have been violated. and duties not
legally chargeable have been assessed ia the place and
stead OF true duties imposed by Laws that the tri-
bunal constituted, and TO which alone mer-
chants appeal IN cases of wrong, consisting OF 9TH
who the subordinates Of the Secretary of tho
Treasury and dependent upon his will for their ten
Office IL not ~ tribunal tor the adjudication
of questions OF value between merchants and the
government and would not be tolerated by the pub
lie in transactions between individuals that such
tribunal in any given be made an inEtru
mcnt in the hands OF the Secretary OF the Treasury
for substituting his dictnm for law In the assess
ment OF duties; that merchants subjected to in
suit and loss by being compelled TO 20 before tri