New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-05

he eourt doeketg comparatively nuencumoersa. 10
col siderable IncoDvenlence seems 70 nave peen
experienced from this node oil procsf'n 'g ou. a
now seem to agree that more simple dsu ~ cay
me hOd OF proceeding ls very de>iahIe IL 70. ~.
so'utely sary, and he COMPASSION hds'ho"ghS
10 pirt OF it's dnty TO suggest chanse. . -
t. has been suggested that some measure OF re,
lief might be cltaned by the transier OK
the cases brcught against me tci i
lectors TO the Court OF CLAIMS. It ~ DOUBTFUL
however, whether This might no. too seriously 10,
teIf re- with che other business OF ihat couf,, AR
produce such accumulation OF eases3p Its doekeo
as 70 res 1t 90 cDt IN the same delay VIII en-
i now 80 scnou ly cunTplainedIofs lt j. th0ught
that. 20 he elfect.ve hat an independent court
should be Created located at the great Gonne1elsi
centre OF the country, whore much the larger pro.
portion of business for rs consideration would
necessarily arise, and could be- cOniered and dis.
posed o. with much less DELAY aud expense, ban II
the court was Gated elsewhere !; aud hat pro.
VISION for sessions o. GO yer NJ New-Orleas ana
San Francisco aud at Other points at the discretion
ot tne court as business IN ght require, w'sil1 add
greatly 10 the prompt and cUnyeDie.t TRANSACTION
of its business.
PROPOSED CONSTITUTION OF SUCH A COURT.
I'm the draf- of the bill appended the COmmis,io
has recommended hat at least one of the Judges Of
this court should be customs experr OF at least
ten years experience the service, and tbs because
amongst the experienced custom-horse officer can
be found th- men best fitted for the pos ton. The
heads OF div sons IN he larger cus ON houses are
men who ". kept their places ibrongh eh lngOg
adj nil i,trationS Dccause tneY were eninenty lifted
Tor the discharge of the duties required OF them;
the Comm siou has found them thoroughly con-
versah. WI customs questions. and VITA great ca
pacIty aud aptitude to- the serv ce ~ which they
are employed. / heir experience and knO ledge OF
Gus, oms ques tons and d cisOns would peculiarly
iii them for The disc eof the duties deyolviDg on
them as judges o. the proposed court, and the ON
mission satisfied hat IN its constitution at<east
one of the Judges should be OF TINS class, and that
the omission of thus provision would seriously inter
fere vi the efficiency Of tho proposed court
With view 10 simplifying the mode proceed
ing and has ening the decision. the COMMISSION has
recommended thai unless the court shall otherwise
direct. no pleading shall be Necessary except me
believing that the decision of the Collector and The
protest of the importer will ordinarily be all that
is necessary 10 make up tne issue; and has provided
that except Tor cause he decision shall be entered
within ninety days of the appeal. The proNl slon
tor notice and opportunity-ih the discretion or the
cOurt-lor other persons Interested u De neard, IS
because the decision of any question should az lar
as possible control in her eases In when the same
question may be presented, II shonld therefore be
made upon as tut hearing AS possible OF all per-
SOUS interest The provision Tor recohsidera-
ton by the Collector fling Of protest is intended
TO AVOID tine necessity of appeals from hasty deei-
SONS ana that for reneaTiug before the Court TO
perlnIt recos siueration III cases where there Is
room for DOUBT.
The proposed bill makes no provision for review
of tho d. cslOns of the court by proceeds
ings in error or on appeal, aud the C"nmis-
sion suggests that IN view of the necessity or he
airy iinal decision Of thes- cases proceedings IN
error or by appeal $ Guild be coniined WITHIN tho
mar owe 81 linus cons stenC wan "a proper regard
Tor the rig IT'S OF tho par.I.s
he pur ose nm the preparation OF this bill has
been to provide court with the fcwest possible
iOrmaliti 5 ana adapte 10 prompt decision OF tho
uues IOus which may arise. with view Ia relieving
importers and the GOvesuuent from the unecrtain-
lie, and ann yances to which they are now sub
Je,ted. In the preparation Ot tins oil and OF me
drafts OF the ADMINS ratIve sections or the tarln
law the Commission has had the f-Nantage ot theeA-
De iruce aUA AnoW led of Commissioner McAiahon,
as these drafts cOmpi ted before bis decease,
and all of them met Win his hearty approval:
lis long experience a. a customs OlilCcr. AMI
tAOrOuGA X OWledge of customs atialrs, induced tho
Commission TO give great weight To bsophi"hs ana
10 rely on Ills TecoiuIt ndatiOn as % tnese matters
ana IL believes that iHyes iga ION Will demonstrate
lie WISDOM Of tAe prOpOsea cnLAgcs.