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SUPREME COURT OF THE UNITED STATES.

October Term, 1900.

No. 456.

ELIAS S. A. DE LIMA, ELIAS A. DE LIMA, AND EDWARD DE LIMA, COMPOSING THE FIRM OF D. A. DE LIMA & CO., PLAINTIFFS IN ERROR, VS. GEORGE R. BIDWELL.

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK.

Circuit Court of the United States for the Southern District of New York.

ELIAS S. A. DE LIMA, ELIAS A. DE LIMA, AND
Edward de Lima, Composing the Firm of
D. A. de Lima & Co., Plaintiffs,

against

GEORGE R. BIDWELL, Defendant.

At Law.

Petition for Writ of Error.

Now come Elias S. A. de Lima, Elias A. de Lima, and Edward de Lima, composing the firm of D. A. de Lima & Co., plaintiffs herein, and say:

That on or about the 16th day of October, 1900, this court entered a judgment herein in favor of the defendant and against the plaintiffs, in which judgment and proceedings prior thereunto in this case certain errors were committed to the prejudice of these plaintiffs; all of which will more in detail appear from the assignment of errors, which is filed with this petition.

Wherefore these plaintiffs pray that a writ of error may issue in this behalf to the Supreme Court of the United States for the correction of the errors so complained of, and that a transcript of the record, proceedings, and papers in this cause, duly authenticated, may be sent to the said Supreme Court of the United States.

Dated October 16, 1900.

COUDERT BROTHERS,
Attorneys for Plaintiffs.

(Endorsed:) U. S. circuit court, southern district of New York. Elias S. A. de Lima and o'rs, plaintiffs, against George R. Bidwell, defendant. Petition for writ of error. Coudert Brothers, attorneys for plaintiff-, 71 Broadway, New York. U. S. circuit court. Filed Oct. 18, 1900. John A. Shields, clerk,

UNITED STATES OF AMERICA, 88:

The President of the United States of America to the judges of the circuit court of the United States for the southern district of New York, Greeting:

Because in the record and proceedings, as also in the rendition of the judgment of a plea which is in the said circuit court, before you or some of you, between Elias S. A. de Lima, Elias A. de Lima, and Edward de Lima (composing the firm of D. A. de Lima & Co.), plaintiffs, against George R. Bidwell, defendant, a manifest error hath happened, to the great damage of the said Elias S. A. de Lima, Elias A. de Lima, and Edward de Lima (composing the firm of D. A. de Lima & Co.), as is said and appears by their complaint, we, being willing that such error, if any hath been, should be duly corrected and full and speedy justice done to the parties aforesaid in this behalf, do command you, if judgment be therein given, that then, under your seal, distinctly and openly, you send the record and proceedings aforesaid, with all things concerning the same, to the Supreme Court of the United States, together with this writ, so that you may have the same at Washington on the 12th of November next, in the said Supreme Court, to be then and there held, that, the record and proceedings aforesaid being inspected, the said Supreme Court may cause further to be done therein to correct that error what of right and according to the laws and customs of the United States ought to be done.

Witness the Honorable Melville W. Fuller, Chief Justice of the United States, this 18th day of October, in the year of our Lord one thousand nine hundred, and of the Independence of the United States the one hundred and twenty-fifth.

[Seal of U. S. Circuit Court, South. Dist. New York.]

JOHN A. SHIELDS,

Clerk of the Circuit Court of the United
States of America for the Southern District
of New York, in the Second Circuit.

The foregoing writ is allowed.

E. HENRY LACOMBE,
U. S. Circuit Judge.

[Endorsed:] Elias S. A. de Lima & o'rs, pl'ffs in error, s. George Writ of error. Service is hereby admit

R. Bidwell, def't in error.

ted of a copy of the within. Oct. 18, 1900.
paper has been this day received at this office.
L. Burnett, U. S. attorney. U. S. circuit court.
John A. Shields, clerk. S.

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A copy of the within Oct. 18, 1900. Henry Filed Oct. 18, 1900.

I, John A. Shields, clerk of the circuit court of the United States of America for the southern district of New York, in the second circuit, by virtue of the foregoing writ of error and in obedience thereto, do hereby certify that the following pages, numbered from six to twenty-three, inclusive, contain a true and complete transcript of the record and proceedings had in said court in the cause of Elias S. A. de Lima, Elias A. de Lima, and Edward de Lima, composing the firm

of D. A. de Lima & Co., plaintiffs in error, against George R. Bidwell, defendant in error, as the same remain of record and on file in said office.

In testimony whereof I have caused the seal of the said court to be hereunto affixed, at the city of New York, in the southern district of New York, in the second circuit, this eighteenth day of October, in the year of our Lord one thousand nine hundred, and of the Independence of the United States of America the one hundred and twentyfifth.

[Seal of U. S. Circuit Court, South. Dist. New York.]

JOHN A. SHIELDS, Clerk.

[Ten-cent U.S. internal-revenue stamp, canceled Oct. 18, 1900.]

Supreme Court of the State of New York, County of New York.

ELIAS S. A. DE LIMA, ELIAS A. DE LIMA, and EDWARD | de Lima, Composing the Firm of D. A. de Lima & Co., Plaintiffs,

against

GEORGE R. BIDWELL, Defendant.

To the above-named defendant:

Summons.

You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer on the plaintiffs' attorneys within twenty days after the service of this summons, exclusive of the day of service, and in case of your failure to appear, or answer, judgment will be taken against you by default, for the relief demanded in the complaint.

Dated N. Y., March 12th, 1900.

COUDERT BROTHERS,
Plaintiff's Attorneys.

Post-office address and office, No. 71 Broadway, New York city. Supreme Court of the State of New York, County of New York. ELIAS S. A. DE LIMA, ELIAS A. DE LIMA, and EDWARD DE LIMA, Composing the Firm of D. A. de Lima & Co., Plaintiffs,

against

GEORGE R. BIDWELL, Defendant.

Elias S. A. de Lima, Elias A. de Lima, and Edward de Lima, as members of and doing business as the firm of S. A. de Lima & Co. in the city of New York (the above-named plaintiffs), through Coudert Brothers, their attorneys, complain of George R. Bidwell, the defendant above named, and thereupon the said plaintiffs state:

First. That at all the times hereinafter mentioned the said defendant was the duly appointed and commissioned collector of customs of the United States at the port of New York, in the actual and unrestricted exercise of his functions as such collector, and fully vested with all the powers and authority of his said office.

Second. That on or about the 6th day of November, 1899, the defendant, being such collector as aforesaid, did under color of his said office and through the improper exercise of the powers and

authority in him vested for the purposes of the performance of his duties as such collector, unlawfully demand and by duress of goods collect from the plaintiffs' said firm of D. A. de Lima & Co. as alleged duties upon certain sugars, the product of the island of Puerto Rico, consigned to these plaintiffs at the port of New York, and brought thither from the port of San Juan in the said island during the month of July, 1899, by steamer Salamanca (the said sugars being those mentioned and described in warehouse entry No. 117,587, bond No. 1224, liquidated Sept. 11th, 1899), the sum of two thousand four hundred and fifty dollars and fifty-eight cents ($2,450.58), which sum the plaintiffs were unlawfully and against their will and in spite of their formal protest duly made, compelled to pay and did pay, in order to obtain possession of the said sugars, to which they were entitled, but which the said defendant, enabled so to do by the power and authority of his said office, had detained, was detaining and threatened to continue to detain, from them, exacting as a condition to the delivery thereof, such payment of said alleged duties, whereas the said sugars were not liable to duty, the same not having been imported from any foreign country within the meaning of any valid statute or executive order of the United States, but were merchandise which must, under and by virtue of the provisions of the Constitution of the United States in that regard, be admitted to free entry in any port of the United States.

Third. That on or about the 14th day of September, 1899, the defendant, being such collector as aforesaid, did, under color of his said office, and through the erroneous exercise of the powers and authority in him vested for the purposes of the performance of his duties, as such collector, unlawfully demand and by duress of goods collect from the plaintiffs' said firm of D. A. de Lima & Co., as alleged duties upon certain sugars, the product of the island of Puerto Rico, consigned to these plaintiffs at the port of New York, and brought thither from the port of San Juan in the said island during the month of June, 1899, by steamer Evelyn (the said sugars being those mentioned and described in consumption entry No. 95684, liquidated Sept. 11th, 1899), the sum of five thousand four hundred and fifty-two dollars and sixty-one cents ($5,452.61), which sum these plaintiffs were unlawfully and against their will and in spite of their former protest duly made, compelled to pay, and did pay, in order to obtain possession of said sugars, to which they were entitled, but which the said defendant, enabled so to do by the power and authority of his said office, had detained, was detaining, and threatened to continue to detain from them, exacting as a condition to the delivery thereof such payment of such alleged duties, whereas the said sugars were not liable to duty, the same not having been imported from any foreign country within the meaning of any valid statute or executive order of the United States, but were merchandise which must, under and by virtue of the provisions of the Constitution of the United States, in that regard, be admitted to free entry in any part of the United States.

Fourth. That on or about the 1st day of September, 1899, the defendant, being such collector as aforesaid, did, under color of his said office, and through the erroneous exercise of the powers and authority in him vested for the purposes of the performance of his duties, as such collector, unlawfully demand and by duress of goods collect from the plaintiffs' said firm of D. A. de Lima & Co., as alleged duties upon certain sugars, the product of the island of Puerto Rico,

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