New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-03-10
THE rR1lL or CUSTOMS CISES.
THE sUFFIcENCY OF THE TRIAL COURTS.
REMEDIES FOR OvEECROwDED CALENDARs-LAw-
YERsl NIEMs on IHE srBJECT.

REMEDIES FOR OvEECRowDED CALENDARs-LAw-
YERs' VIEWS ON THE SUBJECT
The question a TO what method ought to be
adopted for the relief Of the Ovecrowded dOckes OF the
United states Circuit Court in this Judicial Distictwth
especial reference TO the custOms-revenue suits-has
been the subject OF several articles published IN the
TRIBUNE recently and ts discussion has attracted wide
attention The methods for obtaining relief which have
been recommended have varied greatly Some propose
radical changes such the substitution Of domestic value
for foreign value in appraisng entries and the permanent
detention Of goods by the Government instead OF the I'M
position Of increased duIes and penalties present;
others advocate taking away the jurisdiction in
from the Circuit Court and placing II with the
Court OF Claims bs the view OF the Chamber Of Com
mercel while still othersthe NEUTRALITY-SUSPICIOUS. that the
present machinery Of the Circuit Court Is sufficient and Is
the for the disposition Of and that
additional Judicial force in that court would constitute
all the necessary change
II have no personal feeling about this matter" said
stephen g. Clarke, OF the firm Of Stanley, Clarke smith,
but il natural that should be little preudiced
think that the present judicial system Is capable Of doing
the work in New York and here then everywhere so far
customs cases concerned. am opposed 20 spec
al for the trial OF customs only Those
do differ in principle from any other class OF
that IS their decision depends the construction Of stat
utes and upon the determination OF f9cts, and the
machinery best fitted for such questions would seem
20 be fitted determine this class OF
The business In this circuit is not at the present time
greatly behind TO the trial OF jury When Judge
Batchford became Circuit Judge years ago he found
an Immense accumulation OF business in tha court but
the number cases in arrears has been con
,tanty decreasing For years prior 10 thar har the
time Of the taken up In the disposition OF sus
by the Government growing Of IL failure 20 collect
duties etc. the proper time. Cases OF this character
have disappeared If it is not 80 now viii be so within
year under Judge Wallace that cses bee reached
for trial succeeding term after issue joined
out of docket OF go cases at the last OF The
Circuit Court everything IN readiness FOR trial prac
ucdly disposed of except about half dozen As
o the time %, the sitting OK the court Judge Coke sat
for from three 90 four weeks andJudge Wheeler about
the time and both here for tho exclusive trial
of revenue cases, There that make
accumulate this Circuit. namely. the requirements
of the statute which practically provides for ninety
days limitation the result OF which that an importer
must bring each yearJ and the crowded
condition o. the calendar OF the supreme Court OF the
United states whch coUldnot be in any way relieved by
any OF remedies proposed for the dockets Of the Cir
cult Court.
An intermediate appellate court. such spoken of by
Mr.. Boot. would NOT relieve the docket. u the revenue
cases. for neither side would satisfied whore there was
doubt with any decision except that Of the supreme
Court
Practically revenue cases have in point Of fact all
vantage all tine supreme Court, because that
court ha the power and does ad them It's cAcu-
dar The noted case question. Tor instance was
begun January l-sOand tried here In the April Term NJ
the Circuit Court in ISL and taken mp be decided
oy The supreme Court at Washington IN the October
Term the same year and actually Ia litigation only
about two years Il il the number Of cases on cal
cndar which should be looked az, but the number OF
issues many hundred only represent
q few ISSUES. our 1rm began thrtyivc suits March
when in.oise oAy Ist asgs' anu soIlSnes we nave
49," PSiips FOR t6 o1-f fifteen years a Custom House
nd d fftf
states Appraiser at the Custom House. SAID with the
rres.1t ntsd states Attorney SIR Root In oliice and
Win his node OF doing business up % this time the
attorneys the importers have no reason 10 complain
H. ba. riveu MS iusr a the speed we want m brl1engC0
its' ce- To fri3a very F-reut state OF th ms fr,nl
ti We con not et our case. tried The Disri.t-Atorney
AGAINST tie Government were ready Under
Mr. Roots administration this is all rrmedi.d
There are ways 10 which all ths delay in the trial
OF customs cases can bee Prominently rnedIed One il
lrce--Itv for bringing myuy suits n which tine
issue is involved such legislation would or course aboi
len the limitation now existing "ulcn ioroes the I'M
p.rer to bring suit. without regard 10 decision which
may have just Deen made in sut involving precisely
the same Issue, within ninety days dier the secre4fys
adverse decision, I'D order To- save their rights.
Another way 10 prevent Htisaon IT, TOT tne Collector
at the Port 10 examine into the protests when made.
This mas never been done 81 AL m tne past u the protest
ana Approy has been sent on % Washington without tue
some labor the Collector but not "a, much might Dee
supposed. given day nifty protests eutered"Oud
NOT probably involve more Jah Li aol'u ls-i7' ant
careful examination NJ them might save suit In every
case IN the Collector would mo tnat MS ape
ur4-er- Lad in some way made mistake aud lie could
l,.rfifv % and end tie trDubl. right there
In my opinion said General Henry T. Davies who is
cnuuspI u large number of custom house SUITS there
,uod be- an increase the Judicial fO.e of tAe United
-si-. Circuit Court In this District sufficient handle
the business Of that court promptly. 80 new court Is
needed nor iy change the present system. Oucird
o ll the customs IN the United states begun
here ana vet have greater udicdi force than any
oibrr circuit IN the country has There ought 20 be
method by which the disposition OF test cases would
finally dispose Of al other cases involving the
same issues. SIN would favor
Iaw bv Congress which should undertake 10 regulate
the matter. such law would be- the prolific dis
uutes the Collector and the merchants % the
exact nature of the goods imported still some system
consolidation for these would Tar toward pre-
venting The accumulation on the dOrkets. We need one
add onal Judge Circuit and Two In the District
Courts. Tie present court machinery should be con