New-York tribune., 1884-02-18
DELAY IN CUSTOMS CASES
THREE THOUSAND UNrRIED ACTIONS.
THE NEED or AN ADDITIONAL CIRCUIT JCDJE-


been issue for about twenty-five years Frequently in
these the Government s defeated when the causo
finally tried account OF the death or departure OF
witness OF the necessary documentary evidence
It has been the practice among the Judges-escay was
It the practice Of the late Judge Woodruff Of tie United
Circuit Court n this circutto allow the attorneys
for the importers adjourn their for an ndehbe
number OF terms. OF late years tho DsircAitorLey"
especially General woodford. been not Only ready
but anxious TO bring these old c2ses TO a trial
There only for the tfia Of civil causes
each in the United States CircuIt Court. During
those private causes as well as Government
must be tried. Frequently hundred suits against tho
Collector to duties brought the day,
although than four five issues may be involved
in them all Upon tie opening Of Court docket number
ing from 500 to 700 is called, and the common
practice is for the DstrictAOgney 10 be ready while
the attorneys for tho importers ask for adjourn
ment, which Is really for their Owa convenience,
they wishing accumulate large number Of cases IN
yolvnc the issue and then to have them tried col
lectiyely This practice has resncd In the defeat OF the
Government in many cases When case Is carried to
the Supreme the United states three years more
capse before the final hearing.
The Chamber OF Commerce OF this city requested Con-
ess In 1882 20 pass staut9 authorizing the formation
Of special tribunal In this city the trial OF customs
cases But such tribunal shown 10 be entirely nm
necessary If the court would insist upon trial Of the
ady the docket. In the October term % the
Of collectors cases, and Assistant United States Dis
trict-AttOney Hcrrick answered "ready" for tho
Government in every case, while not single
Of the attorneys for the importers
ready for trial. Accordingly, the OF the court
closed for Government cases, and after hearing few
suits between private individuals, Judge Shipman sd
ourned court anu returned to his homo In Connecticut
The dis,ctatoneJ have said repeatedly that judge
could sit in circuit for six months Of the year ia ths CITY
the docket Of customs would be greatly reduced
and in time be cleared kept up to date.
At the present time about two months only
given to Government causes. DstrictAtOrney Root
said few days that during his term OF Once thus
far-abou year-only two weeks had been given by
the Court to collectors cases
THE NUMBER OF CAsFs PENDING.
There are 49i suits against collector, upon the old
series dockets the Disrct-AttOrncy1 Office remaining
untred, all Of which were begun than seventeen
years There I'm that Office than 5000 such
cases. ranging from twenty-five years down 10 few
months aye In none of which has the Government
made any preparation for trial In them DO the
peadngS give any indication OF what the issre really ia,
or what is the Governments defence in does
there appear 10 the DistrctAttOrney office ese-
where within the control OF the Government any note or
memorandum as to what the facts On which tho
action OF the Government officers was based OF what
witnesses are available for the defence.
ter addressed to Collector Robertson by United
States DstcAt ttOrney April l3, ss3. Mr. Root
said: Illustration OF the difficulties aris from de-
lay In preparation and early trial ~ fonnd in the
ease Faconer against Arthur ~. ;. 4OO5, commenced
nls74 The attempt being made prepare 1t for
trial TIC ten derent entries or nohairs,
apaca and goods by steamers arriving NJ derenD
dates from tie 3Oth Of April The 30h OF June. 1s7I
The turns upon questions Of fa,tas TO the char
actcr the goods. The goods cl SIZED and duty
exacted upon the examination Of either H. Cushm9n or
Joseph Ruche. Neither Cushnan nor Ruche now IN
the Government service The address Of Ruche c3nuot be
found As to Of the ten entries has
the Government been able to obtain any
samples" Further on In the letter
he SAYS "1he silk and cotton involve such ques
ous OF fact these: Did the goods imported contain
more than 20 per of cottonP WAS cotton the
sttuent OF chief value ~ the goods importedP There
about $50 OF these apon the docket They involve
at least $3.50 900 Some OF the eases brought
much as zen years ago. aud In many of them there
samples preserved aud in many Of them recollection
any practical vaue the part OF any witness avla
bic for the Government"
On the recommendation OF District Attorney Root new
system adopted last year, By which all the Collectors
eases were to be prepared trial lnaediate.y they
arose anG all the necessary Data ~ in r. DslctAtor-
neys Office, ready for at any lime. large number Il
suits are being instituted against the Government under
the new tariff Of Iss3-hardy an entry OF merchandise
being made in which protests not entered and appeals
taeI-ld this cannot fail greatly to Increase the dock
cts Of the United states Circuit Court and place it still
further power OF the to regain control OF
IFS calendar unless form OF relief be fOnG and
applied
HOW RrIIEF Is TO BE OBTAINFD.
Tl,o need Of relief is apparent to lawyers well
lgals and the remedy that suggests it-eit is the
pontment of an addona, Circuit Judge in the second
dicial Circuit (Which includes Vermont, Connecticut
and New-YorkJ who should live in this city. Judge
Wallace now on the Circuit bench, lives in syracuse
It s true that exparte orders may be granted by the
District Judge sitting in Circuit Court but his time Is
much occupied hearing arguments in the cases pending
in the Circuit Court In the NewYOTk Ontario and West
ern Railroad litigation Judge Wallace recently adjourned
the hearing Syracuse whittier he obliged 20 20
hold the term of court that district This Is only
of many similar which Illustrate the need OF another
Circuit Judge in this district In where the defend
ant is in custody of Marshal 1t works great hardship
to him Of his having TO remain in confinement
for An indefinite period pending tue trial OF his
A STATEMENT FROM THE DISTRICT ATTORNEY.
Speaking Of the embarrassments caused by the accum
uation of their United States District Attorney
Root said recently TkIBISE reporter. " The
for this accumulation of business and the great delay
the determination OF sucd cases Is two-old: FHst ths
lack of sufficient judicial this district do tho
business Of the Circuit Court and econ the crowded
state OF the Supreme Court calendar, involving a
great delay obtaining the opinion OF thss
Court upon questions OF law. Our Judges 40 all
they can but there ridiculous dispropOrton between
the judicial force and the work TO be done We have
berc one District Judge who nds all that ought
TO do in the work OF his court The admiralty and
seizure causes Alone which the District Judge has 10 try
are enou III TO take We have Circuit
Iudge whose circut Dcndes the whole OF the states Of
New.York Vermont aud Connecticut. In tho Circuit
Coutt I'm this district there must be called calendar Of
criminal causes for the trial OF all the counterfeiterU and
smuggers aud volors OF the postal laws and oner OF
tenders against the laws Of the United States calendarOf
Enuy causes Oh which go among others the numerous
paent suits; calendar OF private lawsuits OF "hea
there are hundreds removed from the state conrsi o
endar Of appeals from the dec OF the piSuIct
and from decisions Of single Judges string III ~, ~
niedar for The numerous motions which arlse IN tho
cnrse of these different classes or htigduoh. ,.s .
or course the Circuit Judge alone c,ulo' & uIs
more than small fraction OF ths pGsh's, 'o" % t,
uIUIN " - ,rnrn % suend MS chllTe Ilmo