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COSTLY HORSES TO BE SOLD FOR DUTY. New York. June 22. — For the first time in many years the Criited States Government is in possession of five thoroughbred horses, which it will sell to the highest bidder. The animals were consigned bv T. J. Benson of London to S. L. Frank of this city for sale. The most valuable animal in the consignment is Battler. a chestnut stallion, out of Rlioda it. This mare was dam of Orby. owned by Richard Croker, which won the. Epsom Derby in V.I07. Mr. Frank, it is understood, rata* the horses at around 0,000. Although the customs men passed the thoroughbreds, the treasury department raised the objection that the horses were not owned by the •"iin] ortcr." within the meaning of the law. As the animals had been consigned for sale the department decided full duty at the rate of ten per cent would have to be paid. The department based its refusal of duty exemption on the ground thai the words "any animal aaaartai by a citizen of the Catted States." in the tnrifl" laws showed the intent of Congress to restrict the provisions of the act to importations by American citizens, and that Mr. Frank could not be regarded as the •"importer" within the meaning of the law. since the horses were owned and shipped on consignment by a subject of England. Mr. Frank declined to pay the duties, amounting to alxmt .S3. 000. and surrendered the animals to the government as "unclaimed merchandise."
