San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1886-11-18
THURSDAY, NOVEMBER 10. 1886.
AN IMPORTANT CASE.


The case OF Mr.. Rust OF Wisconsin.
VS.. the United States, concluded In the
United States district court. in this city,
on yesterday, is in many respects one
OF the most important ever decided In
southern Texas, and deserves more than
q passing notice. A. J. Evans, Of this
city, appeared for the plaintiff and the
government was duly represented by
District attorney Rudolph Kleberg. The
case is one that has attained no little
celebrity along the border, and the inter-
est centerlng In 1t WAS attested by the
attention it attracted from the bar and
the stockmen OF this whole region. WIN.
Rust, whose home is In Wisconsin, took
up lands in the Crow Creek district, Ds.
kota, and opened up ranch. From
this he was removed by the government,
the lands being not regularly opened to
when the lands should be in market.
Being notified of this fact last spring,
Mr.. Rust went into Mexico and bought
1856 breeding mares, and some horses,
which he proposed to place upon his Da-
kota ranch. These mares were duly
passed at the custom house, by the col
lector, on the invoices Of the consul and
Mr.. Rust's statement that they were for
breeding purposes. Certificate OF entry
was given, and Rust came through to
this city with his mares, accompanied
by the person whom Rust had hired to
assist him In purchasing this stock
in Mexico. A difference OF a
few dollars In settlement led
to ill-feeling between this man and Rust,
and when Mr.. Rust had gone as far
north as Kyle, the U. s. marshal for this
district, Clifford, made seizure Of the
stock on the ground that the stock was
entered for sale, and possessed himself
:. OF the invoices. Otto Threlkeld, the col
lector Of this district, was induced to
adopt the seizure as a legitimate seizure
Of the treasury department. Rust was
brought to this city where he was coun-
selled by the officers to furnish his for
mer assistant with what money he,
Rust, had and send him to Mexico;
when, as he was the only witness
against Rust the case would be dis
missed. This Rust refused to do, and en-
gagged as bis attorney Hon. A. j. Evans,
Of this city. The case was called in Aus
tin last August, but the government
were not ready although Rust was on
hand with his witnesses at an expense
OF over $500. He has been detained In
this state on expense, until now, wait
ing the result Of this seizure. Tho trial
came on last Monday and was given to
the jury at noon on Wednesday who re-
turned q verdict for Mr.. Rust after
about ten minutes elaboration. The
case Is important in that 1t shows the
animus OF this democratic administra-
tion In constituting the terms Of the
treasury regulations under which stock
for breeding purposes have been i'm
ported, adversely to the stock interests
OF the country. This adverse decision
has been rendered In the face OF uni
form ruling Of the treasury department
for the past sixteen years. The action
OF the United States Darshal and collec-
tor In making this seizure seems
to be directly in the teeth OF
their plainly printed instructions
and OF the uniform rulings OF the
treasury department heretofore. 1t il
certainly noteworthy that the officers OF
this democratic administration should
be the first to interpret the laws so as to
rule out the free importation Of breeding
stock, while republican administration
presumably high tariff, has uniformly
admitted such stock free of duty. 1t ID
certainly hardship that an innocent
importer, whose invoices are regular
whose certificate from the customs
house is In order, whose stock Is affirmed
to have been purchased for breeding
purposes and no proof offered to show
the contrary, that such an imported
should be branded as smuggler, be de.
prived OF bis property, be put to thou,
sands OF dollars loss and damage, be-
cause for some mysterious reason U nj.
ted States marshal Of the democratic
persuasion sees fit to assume that GER.
tain stock Is not for breeding purposes,
md United States collector endorses