Henry Billings Brown

“ Two days after this letter was written, and on January 14th, the collector of the port made a general order that 'on the entry of old rags shipped on and after the 1st instant, and which have not been disinfected prior to importation, the permit to land will have written on the fact thereof directions to the inspector to send the rags to the Baltic stores in Brooklyn, by bonded lighters for disinfection,' and further providing that, upon evidence that the rags had been satisfactorily disinfected, an order for their delivery would be made. ”

“ If we look beyond the record, to the opinions of the court, we find that the general term held:
(1) That the Revised Statutes did not authorize the collector to take possession of these rags as unclaimed goods, and store them in a private bonded warehouse, such as the Baltic stores. ”

“ It is simply an action of conspiracy to injure the plaintiffs, and it does not appear from the complaint that the validity of any statute of the United States, or any authority exercised under the United States, was drawn in question. The answer of the principal defendants, Bartlett & Co., sets up no claim of privilege or immunity under any statute of the United States, or any authority exercised thereunder. ”