New-York tribune., 1884-02-19
MORE JUDGES NEEDED.
REMEDYING DELAYS IN CUSTOMS CASES.

greatly increasing NUMBER or W
growing rapidly Under the new tariff laws ot1ss3 an
exceptionally large number OF suits are brought against
the Collector of the Por-2i suits by importer alone
and unless increased facilities ortyng them arc speeduy
provided glut of the calendar must follow Win lts re-
sufng detrmcnt both to the Government aud TO the l
porter.
It's admitted on all sides that the present judicial force
IN the Circuit Court insufficient TO dispose OF the buS-
meas before IT, District Attorney Root said to TRIBUNE
reporter recently that shou III the judges worked Du
and did all in their power TO expedite business tel
coud not dispose Of oneenth OF the business ana tn
Judges from all parts OF the circuit had to 10 ceu III u
assist them Below arc published tho opinions and sug-
qesons OF General Stewart L. WOodford Coone George
Blisa and Collector " Tam H. Robertson. said General
Woodford:
PRIORITY FOR CUSTOMS CASES.
"An additional Judge IN the United States ClTcu court
or District Court in this District who should give p'ory
to the Custom House cases, would practcay soNe 'No
difficulty. Tho Circuit Court for the trial OF customs
cases il now open only for about four TO eight weeks IN
the year II Is more important that speedy trial sbouh
be had in these Government than In any others
customs case involves construction OF revenue w ana
right construction lies at the base OF all wise hnpoi hs
Therefore the Government, .or its credit and IA
matter OF justice to the importer ought to provide Su
lent facilities to try every revenue case as soon as the
issue IA made.
"If these wore tried as ordinary cases
are tried there business reason why there should De
gut court calendar one cause OF delay IS 10 DC
found in the frequent changes in The administration in
the DstrictAttorneys Office. II takes some time for
| new Distr1ct-Attorney to famarize himself with the
work of the Office no matter In how good condition bis
| predecessor has left #.
ain regard to being ready for trial. l. during my ac
ninsratlOn always ready when the case was caeo
and nv experience was counsel for the merchants
suing for the recovery duties etc. almost invari-
ably urepared try their casesexcept Tor the hrst
ninety days Of my term. when they naturally relied on
my unfamiliafi,y with the business to give them an
| easy victory but after about ninety days
| could not get to try. presume
that Mr. Root had repetition o. my experience As
10 hayIne special tribunal in this city outside the CIR
cuit Court do not think it desirable. The Chamber o
Commerce tried to have such tribunal appoih1ed DuI
| nothing ever came Of it,"
ATTORNEYS THE CAUSE OF TROUBLE.
George Bliss sad "My opinion IL that with the present
Judiciary called IN from other places in the circuit THAI so
far a. customs concerned, with efficient Dis
ssch "a we have, the calendar can he
cleared and kept clear say this independently OF the
quesilon-as to which am not sufficiently informed
whether the tariff has not produced sIleh larger
crop of litigation as exceptionally to block the court
great many cases have been brought and new quc
"a vet ut ard ready for trial; but shall be
surprised if this exceptional state 0f things docs not
| block IN the calendar. | In court when Judge
Wheeler called @ calendar Of the pres Dt session or e
Circuit Court and about 800 we're called close
juerecilon of these slowed that there not more
than yelvc fifteen different Issues inYoYcd tlat Ae
attorney AZ inst the Government we're ready to try, and
heard The say that he expected 10 dis
pose Of all these before this term of the cOrt ended
| or tn cases which the lawyers a21nSt the Coz
ernrIent not IeSdy to try, only small proDoru0n
are ever TO h' tre There are eiss a"aitns the % ur
tried or case. which are to be disposed 0f without
a..,l;,I @ tf ,bE 1d9 cam give iho he amount Of
| time which they have given hitherto Ptnb-bly ln ef-
iuf cannot be mistaken about my facts; aud think
.hat, with tAe present District Attorney IN once th9'e
rg.'0''' lty. '''''' van '' '' 'i''''' u '
hc real trouble in all these cases with the attorneys
c0rtipant faa--uslIv nftv rcr cent Of he recovery
and rrcs, only ccstliu opes Tor rial have known an
rss~fu nation of . trial Suit. The caleu
dor filled Win case which tneso a'tgngys nc[sr l
fond 10 f An1rt from results from the tdrn,
lawyer need not wait cig months after his suit Ia com
men I'd before ha O.; his CASE heard ny the CONT
| otis isut.er'y unnecessary 10 have such separate
tribunal 90 ty cI7tom5 eases "a Was proposed Oy TIC
| Chamber of Commerce two years ago.
Az ADDITIONAL COURT FOR CUSTOMS CASES.
oThc delay IN the trial u suits AGAINST the Govern
ment" SAID Collector Robertson, "s great der.mel TO
both the Government and the importers Ny remedy or
this state Of things woam b. the appointment OF an all
ditinaI Circuit Court judge, upon whose docket all Gus
tor,s ,s should De placed and others. There
c.lf r. -on, why against tie Government should
I've trrd Take the in ancc NJ knil eooi; the
nporcr ,ay- more IN ulics that alleges the
ilits He mlst protest within ten day, after, within
thirty days appeal 20 Tie secretary ~ Na-hInEOn ana
in ninety days after decision by the secretary nu
hc4iu his suit one case oi this hlrd promptly tried
would disposc OF about all of the cases involving ~
issue that IT, it vond dispense win The necessity
for protest and appeal ETC. in many other instances
would relieve this Oice mtteu1lY ald save Us great
troube AND expense The frequent changes in the Offices
o the Collector the Port and the District ttorncy
have been heretofore derimen to the prompt ranoac-
tion Of this kind Of ousne3', bnt now the present DIS
trr- ttOrncy has began system IN whcp the Cp'-
ctor has oied MIN. Under this system case IS nlly
preparcd trial arises, and all the papers
relating 10 IT, all the names Of witnesses, etc, are 1t
nce qept to the District Attorneys Office and placed on
file. In this way new man III eltlaf once c0ud easily
flmiliarze himself with and be ready to Try caae at
"Thc expense Of having an additional Judge in the
Circuit Court would be saved hundred times over b0th
| t a.. aud IN
] , ,, ~ i,atIy increased expr1se To prepare
thc many and various papers, etc necessary tral
4, are many suits started against the Govern
| ucnt under the tariff of 1888. We have two hun
drcd and tweniy-nne protests and appeals from one
Importer alone charges for coverings when claimed
Inv Government that the value Of the coverings enters
into the dutabe value Of the imported merchandise The
new tariff 4ays that there shall he duties coverings
but where the coverings make the merchandise saaDe,
| we hold that it Is dutahe take imported matches
IN boxes i9r e1e fd vons TS me oI snc6 5Ai nt
commissions charges. market vaue, coverings ETC. I'M
der toe tariH market value ana dutaoie value are
." do not think that separate tribunal necessary for
chinery-with additional judge suggested is suc-
lent The of the Government aud OF the in
porcr would be fully protected without going tC the
| peuse necessary the formation OF customs court.
An INCREASE IN THE NUMBER OF JUDGES.
Royal Phelps seen at his Office, No ii Exchange
place He said The great delay in the trial OF Custom
Ioase cases is crying evil, and am most emphaticay
in favor OF method Of relief The Chamber Of Com
m rcc two years ago made effort TO get relief through
the establishment of In this city for the tria
, OF these eases, but it did not succeed L &c
NOT think that II would be possible to ge Congress Il
take favorable action in the matter for the Vest would
set up howl against 0ur having such court IN New
| York. .
at Is undoubtedly great injury both TO the Gov
ennent and to the importers that trials cannot DE ha at
most Immediately upon raising the issues II seems Ia
me "a separate tribunal Is not desirable or necessary
and would recommend thai the number of judges IN the
Circuit Court increased sufficiently TO enable thd
! cOurI to gain and keep cOatrOl OF its calendar"
THE VICTIH or MS OWN CRIME.
| CoIvofor Sobatino died VpStprlaV mOrniup al