Gambar halaman
PDF
ePub

List of internal revenue cases brought before United States court commissioners in the northern district of New York, during the year 1881, &c.—Continued.

BEFORE N. B. SYLVESTER, COM'R, TROY AND SARATOGA-Continued.

[blocks in formation]

100

102

[blocks in formation]
[merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][subsumed][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

97

98

99

[ocr errors]

101

103

104

105

106
107

108

111

112

113

114

115

116

117

25

118

Jan.

[blocks in formation]

Jan.

[blocks in formation]
[blocks in formation]

United States vs. C. W. Gould.......
United States vs. Isaac Onderkuk.
United States vs. P. J. Cassiday.
United States vs. Henry Wait..
United States vs. Gerardis Winnus.
United States vs. Arthur McCus-
ker.

United States vs. John Gleason.
United States es. Bernard Smith
United States vs. Alote Poulin
United States vs. Mary Coats
United States vs. J. W. Goffry
United States vs. G. A. Farnam &
Henry K. Bush.

109
United States vs. George B. Martin.
110 United States vs. John Cathan
United States vs. H. K. Nathan
United States vs. Thos. Solomon..
United States v8. Henry Murray
United States vs. Albert Cramer
& Chas. S. Gray.

United States vs. Robert Pickett.
United States vs. Martin Hughes.
United States vs. Wm. Sennott.
United States vs. Nicholas Carl &
Lawrence Carl.

United States vs. J. P. Brotherson.
United States es. Sam`l Powell..
United States vs. Wm. Foy
United States v8. Ira Frooyer.
United States vs. J. Bergrum

[blocks in formation]
[blocks in formation]

R. L. D.

126

R. L. D.

127

United States vs. John Dorin.

R. L. D.

128

[blocks in formation]
[blocks in formation]
[blocks in formation]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

143 United States vs. Michael Harri- Empty cigar box with stamp not destroyed.

son.

144 United States vs. Michael Jordan. Same.

In addition to the foregoing cases heard and discharged by said commissioners GS cases were heard and the parties held to appear at the proper term of court following the hearing: seven have been nolle pros; twenty-one pleaded guilty and fined; ten are yet pending, and thirty of which I find no record; it is presumed they were of such a nature that the district attorney declined to take action.

Most of the cases tried by the court and included in the 21 above named were sent up through the collector's office, the principal portions of the others were upon information of other parties.

There were 142 cases brought before said commissioners and discharged by them in which the average fees of the commissioners is at least $10, total, $1,420; the mar shal's fees average $11.60 per case, or a total by computation, $1,648.31; the witnesses' fees are at least $1,000; total expenses, $4,068.31.

In the cases brought before W. W. Gilbert and J. D. Husband, at Rochester, J. M. Bardwell, J. Gardner, G. W. Edwards, and O. Overton appear as witnesses in nearly all cases, and in many cases several other names appear, but the above names are the "professional informers" and make the complaint to procure the witness fees and aid the marshals in obtaining fees.

In the cases brought before N. B. Sylvester and J. M. Langdon at Troy, C. Stevens, H. E. Barton, and J. W. Gilbert appear as witnesses together with such other names as they see fit to add, evidently for the same reasons above stated.

This system of "espionage" carried on by professional informers through the aid and collusion of deputy marshals and United States court commissioners brings the revenue service into disrepute, as the responsibility always attaches to the revenue officer, and if any means can be adopted to put a stop to the practice, great benefits would be derived from such action.

Very respectfully,

T. I. KINNEY,
Revenue Agent.

BUFFALO, N. Y., March 3, 1882.

Extract from the annual report of Commissioner of Internal Revenue for 1881.

FIXED SALARIES FOR U. S. MARSHALS AND DISTRICT ATTORNEYS.

Wherever the rights of a citizen in person or property are involved it is better that an officer shall err by doing too little than by doing too much. The best and most satisfactory work of an officer is performed from a sense of duty. Where the pecuniary interests of the officer are promoted by the oppression of the citizens there is great danger of abuse, and a system of laws which makes it the interest of an officer to thus misuse his authority is wrong in principle, and will, by the permanent temptation to evil, breed abuses even in long established and well ordered communities under the most careful system of administration. In new and remote settlements this practice, at times, will be little better than brigandage.

I regard the system of fees and allowances to marshals and district attorneys as open to this objection. Their maximum compensation is fixed by law (and the orders of the Attorney-General), but the amount actually received depends almost wholly upon the institution and prosecution of cases in court. While these officers are paid out of the Treasury in respect to cases in which the United States is a party, the compensation thus paid is for fees made, expenses incurred, and services rendered in connection with criminal and civil cases instituted in behalf of the United States. The district attorney is made the judge of the propriety of commencing a criminal prosecution against a citizen on account of which he and the marshal will receive pay from the government whether the party be guilty or innocent. These officers may prefer complaints against citizens, cause United States commissioners to issue warrants, may arrest and examine the parties before the commissioner and the district attorney, marshal, guard, witnesses, and the commissioner will all get their fees from the government even though the party arrested be discharged.

Instances have been brought to my attention where numerous prosecutions have been instituted for the most trivial violations of law, and the arrested parties taken long distances and subjected to great inconvenience and expense, not in the interest of the government, but apparently for no other reason than to make costs. I have consulted with a number of prominent district attorneys and marshals, and they all concurred with me in condemning the system under which they are compensated for their services as one calculated to encourage abuses. It is not to be wondered at that abuses have grown up under such a system. The wonder is that the abuses are not greater. A remedy will be found by fixing by law the salaries of district attorneys

and marshals, and paying them as other officers from the Treasury, and authorizing the Attorney-General to fix the salaries and traveling expenses of deputy marshals in the same manner that the salaries and traveling expenses of deputy collectors of internal revenue are now fixed. This plan would relieve these officers from all temptation to institute prosecutions for petty and trivial violations of the revenue laws where no frands were committed or intended.

[blocks in formation]

A communication from the Secretary of the Navy recommending an appropriation for the contingent equipment and recruiting for the Navy.

MARCH 21, 1882.—Referred to the Committee on Appropriations and ordered to be printed.

To the Senate and House of Representatives:

I transmit herewith a communication from the Secretary of the Navy calling attention to the necessity of appropriating the sum of twelve thousand dollars ($12,000) under the head of "Contingent equipment and recruiting" for immediate use to defray accruing expenses during the remainder of the current fiscal year.

The matter is commended to the favorable consideration of Congress. CHESTER A. ARTHUR.

EXECUTIVE MANSION, March 21, 1882.

NAVY DEPARTMENT, Washington, March 21, 1882. SIR: I have the honor to transmit herewith a statement from Commodore Earl English, chief of bureau of equipment and recruiting, requesting an appropriation of twelve thousand dollars ($12,000), under the head of "Contingent equipment and recruiting," 1882, for immediate use, to defray accruing expenses during the remainder of the current fiscal year.

The request of Commodore English is approved and recommended for your favorable consideration.

I have the honor to be, very respectfully, &c.,

The PRESIDENT.

WILLIAM H. HUNT,
Secretary of the Navy.

« SebelumnyaLanjutkan »