The times., 1901-06-28
OFFICIALS IN A QUANDARY.
An Act of Congress May De Necessary
to settle the DooIey Case.

to Settle the DoOiey CasS.
Despite the decisions of the Supreme
Court in the insuldr case of Dooley VS..
Bidwen IL is improbable that the amount
claimed and which was paid into the Gus
toms fund can be collected from the
United States Treasury without recourse
to Congress. This was the case in when
the appellants claimed that about S5o0,evV
had been Illegally collected by the coiiec-
tor of the port of New York on goods
shipped from Porto Rico after the treaty
of Peace with Spain had been signed ana
before the enactment of the Foraker tarln
law. In this position the appellants were
supported by the Supreme Court, which
reversed the decision of the lower court.
ComptrolIer Traceweu. of the Treasury
Department is doubtful of the nSht oI
the Secretary of the Treasury TO reIuhu
this money He has not yet announced
or arrived at his decision in the matter
which has been referred to him by sec
retary Gage for opinion. The Comptroilei'
as matter of courtesy, perhaps, or may
be in the hope of securing more lght on
the situation, conferred with the ofhclais
of the Department % Justice, with re-
ouest for an opinion. Mr. Tracewell, for
mer Attorney General Griggs, Mr.. Adams
representing Coudert Bros, of New YORK,
|
torney General Beck were closeted with
| the attorney General, Mr.. Knox, for sew
eral hours yesterday, when the subJect
was under discussion. AS Mr.. TraceweA
] is sole arbiter of the legal acts or the
| Treasury Department, his reference to the
! Department of Justice was not compul-
sorry and it is hardly expected that the
department will aid Mr.. TraceweI in SOW
| ing the difficulty. No opinion is hkeiy 10
come from that direction, as it is not
| deemed proper TO interfere in the matter.
The legal difficulty which has developed
is curious one. Suit was instituted py
the claimants against the collector OF the
| port of New York for a sum which they
aYerred was illegally collected, as there
could be no customs exacted between dlf-
| ferent narts of the United States. The
1 Governments defending the case, heid that
the prosecution had adopted the wrcns
! course in bringing suit and that lhe
| proper recourse would have been an app
| neal TO :sfe Board Of Appraisers, which
! the Government asserted alone had 1uTls-
| diction in the case, as IN other customs
cases. By the ruling. OF the supreme ,r';LLl
| Court approving the rlgnt OF the Cldlui-
| ants to bring suit in the United states
| courts, the situation evolves that t lne
Dooley case is not a customs case. opoh
the fact whether the case is or Is not q
| s.custorns'' case hinges the difncuity OF
the Comptroller in deciding whether the
| Secretary of the Treasury has power 10
refund the amount collected.
Under the general law governing Gus
toms the Secretary of the Treasury is
empowered to refund all illegally collected
| customs This power has been given 20
him in order to simplify the practices OF
| the tariff 1t applies in practice TO sucn
| cases where the collections OF revenues
| have been in excess of what Is afterWaro
| resolved TO have been the proper amount
whether collected by an application OF the
| wrong schedule to the goods importer oi
in whatever manner. The opinion piS
walls that the clause giving this rlgnt 20
| the Secretary of the Treasury appLes
strictly to customs cases, as such are Ia
| terpreted by the department.
| II the Dooley case is not customs
| case within the understanding OF the
| Conutroller, il is most probable tnat ne
will decide that the Secretary OF tne
Treasury has not the power TO retuno.
| In the event of this decision Dy the
| COMPTROLLER the claimants Will nave nc
other recourse than an appeal to Con-
The Secretary Of the Treasury will rec
| ornmeud to Congress, when Ii assemblies
| that sDecial provision be made for remit
| ting the duties in Porto Rico, whlch, ac-
| cording to the Supreme Court decision
| were collected in violation Of the Constr
tuition. .z.
THE department has not yet decided
whether there is aay appropriation out oi
which the duties under the De Lima case
| fiat is. the duties collected in the United
| states on goods from Porto Rico, car
properly be refunded, but a decision II
the matter VIII be reached IN lew Gay )