New-York tribune., 1886-01-22
LAWS THAT NEED REVISION.
MR. MANNING's SUGGESTION AS TO SUITS AGAINST
EXACTIoN OF DUTIES.

| MR. MASNINGs SUGGESTION AS TO SUITS AGAINST
EXACTIoN OF DUTIES.
| WAsHINGToN, Jan. 81. - The Secretary OF
the Treasury has sent communication to Speaker Car
se calling attention to the need OF areyison OF existing
laws regulating protests. appeals and suits against the
payment OF money claimed by importers to have peei
illegally exacteG dates by collectors OF customs, ana
suggesting plan for the Improvement ofthat portoh Oh
the revenue service Mr. Manning refers to the IRE
quent decisions against the prevailing practice ana say
I extremely that am now constrained to inter
this conflict OF judicial and departmental oph-
ions 1t Is obvious however, that the existing want OF
harmony in the several judicial and collection districts
should not be longer permitted, anu especially since
the recent opinion pronounced by the supreme COr@
IL Congress shall adopt the amendments TO the existing
law. which herewith suggest the confusion VIII be
thereafter removed to all subsequent imporatons
Whatever contentious may be, by my Instructions, set
up In behalf OF the defendant trials In court they
will be passed upon by 1he court and the decisions OF
trial can, writ OF error be reviewed by the
Supreme Court If collectors Of customs shall refuse 10
treat valid and legal protests presented lodged or
served before tho ascertanment liquidation and state
ment of all the duties payable on the original entry
when all the reports been received from those who
description value and quality that refusal can
be tested by u suit at law. In preparing the
amendment have had the benefit Of the experience
advice OF the customs officers. and the law officers
the large Atlantic ports and also OF the Solicitor OF
the Treasury and OF other experts In this Department
The Secretary goes on say: "While AIN convinced
that sections 1881 and 30l2 OF the Revised Statutes
need amendment for the protection OF the Treasury as
well the interest ofimporters am also satisfied
that section 3O122 Of the Revised Statutes requires
amendment enlargement an act OF justice to I'm
porters as well as in the interest of the Treasury The
amended section submitted is in substance "a follows;
-" Section 2,931 The decision of the collector OF
customs at the port OF ana m g M nsaSe as 40 'a
any vessel merchandise and the dutiahe COSTS ana
CHARGES thereon snai oe nni ~ su e w. s ysse in
OF duties levied on tonnage, or the owner I'M
porter agent OF the IN the case
OF duties levied merchandise the costs and charges
thereon shall within ten days after aud not on any DAY De
the proper officers of the customs aud statement
thereof, and OF the date thereon on tne
entered bond for consumption give notice IN writ
ing to collector, II dissatisfied with the aforesaid dc
and IN respect 10 each entry the reasons OF ms objection
Of such asccrtauinent liquidation and statement appeal
thererOm 70 the secretary OF tue treasury Who on re
ceiying such appeal. shall forthwith call upon ihe col
ecor for report thereon and the collector shall there
upon n he adheres 10 his decision set forth pecheay
aud III detail to the Secretary the reasons tnereT
And decision OF the Secretary on such appeal sha
he final and conclusive, and such vessel or merchanlr
costs and charges shall be liable 20 duty accongH
unless shall he brought Within thirty days aitrr thc
decision OF the Secretary OF the IRE ,sIry or wtnn
decision the Secre No sut shhl 10 begun. or
maintained ior 1ne r9coUery =. ay ced mil the
OF the Secretary OF the Treasury shan nave been
first mad such appeal, unless the decision OF the
Secretary shall be delayed more than ninety days from
the date OF such appeal .,,. -,
the Revised statutes numbered thirty hundred and
twelve shall be- and hereby Is amended by adding al Tue
shall be attached to the said bill OF particulars. when
served aforesaid copy OF each and every such pro
test notice OF dissatisfaction. and OF every appeal re
upon by the plaintiff paintifs Ia said snit ana
the said bill Of particulars shall declare the date "i
SIC g. And be Il further enacted That suit by which
ts act or Dy any law OF the United states, is permit
al IN he "A