The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-28

record, which are in effect judgments against the
| government, but which Mr. sherman says were OBJ
year he has refused to take any step TO prove this
assertion. 1t should be added that the government
admittedly has in its possession large sum Illegally
taken from merchants for Duties and that it is seeking
in these to avoid returning 1t on the ground
that protest against its illegal action was not
made in time. II there are any fraudulent protests
on file it is indsputable that they were placed there
long before took office The aIiegation .nat there
ton for fifteen years past for it should be borne in
mind that these arise from matters which took
INsINcERIrY IN THE CHARGES
Is in his action to these clerks that the insin.
certify of the Secretary in making their conduct one OF
| the charges against me is strikingly shown. What
the clerks do in the charges and commission cases
items held by the 20 have been illegally n-
cluded in making up dutiable value, to reckon and
tabulste the duties paid on such excess and to
go before referee appointed by the Court, but Sc
lected by the government and to the truth OF
their work and calculation subject to cross-examina
tion by the United States Attorney This work they
performed out Of office hours. Any one else could
do it as we'll as they who had to and under
! stood Custom House papers Access could be OBJ
tanned by having the referee by subpoena compel the
production of the papers, and while his hands the
calculations could be made by any person employed by
him. This course was pursued for a long tme put
several years since the solicitor OF the Treasury sug
gested that it would be better to employ clerks in
the custom House, rs then the original entries ana
| invoices need not be removed from the government
to the suggestion which they would hardly have done
if they expected thereafter to introduce among the
papers fraudulent protests as their opportunities were
| obviously much greater if the papers out of the
possession of the government than il they were re-
tanned in its possession. In accordance with this
suggestion the clerks referred to by Mr. sherman
were employed and of course, they were paid by the
importers their attornies the work being outside
of government hours and not done for the govern
ment There has never been any allegation much
! less any evidence, that those or any clerks have
made any of the calculations wronguly, except that
| importers several
that the clerks had erred in favor OF the government
and the Circuit Court decided. II will, there
FORE be perceived that there wrong to tho
government worked by these clerks, and that the
objectionable feature of their receiving pay from the
importer suggested by the law officer of the gov
eminent, and, he thought, in the interest OF the
government All these facts were investigated by
me and reported to the Secretary in April 1878, and
his directions awaited as to the propriey OF the ac-
ton.
(The correspondence upon this subject is herewith
The Secretary retained the clerks in Office and they
power rested only with the Secretary urged
justifying my suspension. while infer that the act
ing Collectors failure to remove them il regarded
by the Secretary as good ground for his conhrma-
RECOMMENDATIONS OF THE JAY COMMISSION
Mr.. Sherman repeats in detail some Of the state
ments of the Jay commission, though he is careful
refer to the fact to which called his attention
| in my letter of November %, 1877, that '.of the
fifteen recommendations made by the commission
two for the introduction of what already existed
eight are repetitions of my own previous recon-
in carrying reductions to what believe to be an I'M
wise extent and one other is both unwse and illegal
| ADDITIONAL COMPLAINTS.
There remains the extension of hours. the classif
cation of officers and the complaints to weighers
ters the control over which is vested in the depart
ment and not in myself AS to the weghers, re-
ducton of this force would have been made before
this time If commission had existed.
The mode Of appointment and removal. the tenure
of Office and the general civil service policy of my
administration, which constituted the chiet burden
least of the Jay reports to have been
successfully defended by me that the Secretary alb
stains from any reference to it.
DIMINUTIoN RECEIPTS.
Mr.. Sherman says that for q "series of years from
1872 the receipts IRON customs at that port had con-
stantly diminished, while the expenditures had, with
the exception OF single year. steadily increased He
then gives table purporting to show the receipts
which, however is not strictly accurate for
| of the years. l do not quite understand whether
| Mr.. Sherman proposes to hold me responsible for
the diminution of receipts at this port In
his tabular statement he begins with the
year 1872. when; under my administration, there
He then parades figures to show the decrease in the
down to 1877. the causes OF which should be
known to him as legislator and as Secretary OF the
Treasury Apart from the depressed condition Of
the commerce of the country. these to be
found in the act of May !, 1872 repeating duties
and Coffee the of June q. 1872. reducing the
rates of duty ten per cent restored March B. 1879.
March j, 1873, declaring free '.all Ash oil and
fish OF all kinds, the product of the
fisheries Of the Dominion OF Canada; Prince Edward
| Treasury Department OF December 3, 1873. under
which oranges and lemons admitted free until
were made duable and the act of February s. 1876.
reducing duties and adding other articles to the free
list The Collector, whoever he may be, cannot aug
ment the mportations. and without importatons he
| cannot collect revenues.
THE INCREASE OF EXPENSES
As to the expenses, they were increased from year
to year, because there were improperly, If not IL
legally, charged to the expense of collecting the
revenues large amounts which had
troll. and which, in stric,ness, had nothing to do
with the current expenses. Thus 1875 and 1876
sppraisers store In 1877 there we're charged to
the account $1G5000 OF interest and
costs on old judgments arising ont of mat
tiers accruing prior to 1872. In another
year there was charged a large amount for
lifting up the Naval Office, and for series of years
many similar items. For four years alone can
point out an aggregate of s675,o0o charged to
expenses 1t should also be noted that the expenses
of the Surveyors Department. Naval Office and tho
Appraisers Department, all included in the state
nent OF expenses, anu amounting to several hundred
thousand dollars year. are in respect under the
control OF the Collector These have been largely
augmented since 1872 by increased rentals and in
other respects Thus the rental of the public store
increased by the department in 1873 from $060Oo
to nearly $4,000 per annum. Moreover, the expenses
have been increased by new burdens thrown upon
the Office by legislation. Thus the inland transpora-
ton system, by which goods arriving at this port
are Transported without payment OF duty to large
here while takes largely from the amount OF duties
received here So an elaborate system OF preparing
of the Treasury Department, and causes an
expense of nearly $4,000 year. None of
these are properly chargcable as part of the ex-
pcnse of collecting the revenue OF this port. Another
system has IN recent years grown up by which the
Secretary of the Treasury has appointed persons
nominaly a. special inspectors VINO, though draw
ing their pay through the Collectors Office. were
detailed by the secretarys orders to assist special
agents and others. This has afforded convenient
way of appointing friends to office ut the expense of
the revenue.
AUTHORITY TO INCUR EXPENSE.
IL should be borne mind that Collector can
incur new increased expense cannot appoint q
single additional subordinate or change the COIN
pensation Of any without the express and special
authority in every instance. OF the Secretary of the
Treasury, and that to obtain that authority he must
report in detail the why he deems 1t proper.
Under these circumstances the Collector is not fairly
held exclusively responsible for any increase Of
pcnse. Moreover. ever since 1872 the Secretary Of
the Treasury has repeatedly. by special agents who
have devoted weeks and months to that duty, ex-
amined in detail the entire Custom House, desk by