GEORGE BLISS, United States Attorney to Geo. H. Williams , Attorney-General, July 27, 1874

Mr. Bliss to Mr. Williams.

Sir: I beg to acknowledge the receipt of your favor of 21st, transmitting a copy of letter of the Secretary of State and a copy of a dispatch addressed by the minister of the United States at Berlin to the State Department, the several papers relating to an order to take testimony issued by the district court for this district.

In reply to your inquiry, I beg to say that the United States has a suit pending against the firm of Wolff & Co., to recover about $75,000 penalties for alleged undervaluation in the importation of goods to this port. In that suit both parties desire to procure the testimony of persons residing in various places in Europe. It was therefore agreed between the respective attorneys that an order should be entered, allowing the testimony to be taken orally at places named. It has long been the practice in this district to designate as commissioners to take testimony in foreign parts the persons who, from time to time, happen to be the consuls of the United States at the places where the testimony is to be taken, and in this case the parties agreed that this course should be followed. The consuls are not, in such case, supposed to act as consuls, but to act as commissioners, agreed upon by the parties, having, of course, no power to compel the attendance of witnesses, unless the head authorities choose to grant it, which some countries do and others do not.

I inclose a copy of the order issued in this case. You will perceive that it is an authority to the persons named to take the testimony. Nothing is required of them, as seems to be supposed, and they can, of course, refuse to act. As they are paid for their services, they are, however, usually quite willing to act.

I may be permitted to add that, though the order is, in form, issued upon my motion, it was really issued by consent of parties.

Your obedient servant,