Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-03-23


priations for his Office, will be un-
able to distribute so generally
as heretofore, weather bulletins and
other information, for the benefit of the
farmers and ships, and it is thefore desira-
BILE that the postmasters who are called
upon to assist the signal service in this
matter should post these storm warnings
as conspicuously as possible.
THE sUPENsIoN OF JUDGE CoNGER.
Judge Everton J.. Conger, associate JUS
tice of Montana, suspended by the presi-
dent for drunkenness and gambling, is a
brother of Senator Conger, of Michigan.
Several congressman are anxious that the
suspensions of Justices Hoover and Conger
may be made permanent that they may
step into their places. A dispatch from
Miles City, NJ. T., states that when the news
was received yesterday, the citizens held a
public meeting to express their gratifca-
lion, Judge Conger being actively allied
with the county ring recently removed by
the legislature.
Western Associated Press.
WASHINGTON. March 22.-Representative
Thomas Ochiltree has filed supplemental
argument with the first comptroller of the
treasury, with regard to the authority of
the treasury to Withhold payment of his
salary as a member of congress, until his
accounts as marshal of Texas have been
settled. This argument questions the
legality of such action under the constitu-
tion on the ground that its operation would
deprive portions of the citizens of the
United States of represen alton in congress.
Edward Hanlan, the oarsman, ar
rived this afternoon from Toronto.
QUITB OUT OF HEALTH.
Secretary Folger, though feeling strong
eryesterday and improved by his trip, is
to-day suffering so much from fresh cold
from the effects of which his eyes are
quite seriously affected, that he is unable
to attend to his official duties. The secre-
tary requires rest from the cares of Office
for considerable time. He is in no con-
dition physically to attend to his duties,
and only quietude and complete cessation
from work can build him up rapidly.
LAND OFFICE DECISION.
The commissioner general of the land
Office has issued an order opening to settle
ment and entry under the homestead laws
the lands Withdrawn for, but not needed,
in the general adjustment of the grant
made to the state of Arkansas, in aid of
the Little Rock & Ft. Smith railroad.
NEW PUBLIC BUILDING.
James G. Tracy and S. S. Asbe, of Hous-
ton, and John Z. Dwyer, of San Antonio,
have been appointed a committee to ex-
anime and report upon the property Of
fered as a site Tor the new public building
at Galveston, Tex.
THE APRIL INTEREST.
A circular letter has been sent Treasurer
Gilfillan and all the assistant treasurers
authorizing them to commence the pay
ment of the interest due April l, on the
26th inst, without rebate. The interest
amounts to $7,375,7S5. About 10000
checks for registered interest will be mailed
IN season for presentation on the 26th.
SUSPENSIONS AND APPOINTMENTS.
The president suspended Soren Listoe,
the register of the land Office at Fergus
Falls, Mimi, and designated George W.
Boyington, Of that place, to act in his
stead.
The president appointed Thomas j.
Sherwood, of Marysville, Cal, as receiver
of public moneys at that place.
The president signed the commission of
Geo. r. Sage as United States Judge of the
southern district of Ohio.
THE TOBACCO REBATE.
The commissioner of internal revenue,
on the 9Th instant, addressed a letter to the
first comptroller of the treasury, calling
his attention to the fourth section of the tax
and tariff bill act of March 3, 1883, and re-
quested an early opinion upon two points
thus indicated: "The question arises
whether this act of itself, or in connection
with existing laws, operates as an appro-
priation of money necessary to
pay claims which may be
presented. 1t will be observed
the law provides that such rebate to manu-
facturers may be paid in stamps at a re-
duced rate, and this point of the law
would regard as sufficient authority for me
to settle such claims with manufacturers.
1t would seem that it was not the inten-
ton of congress to treat dealers in manu-
factured tobacco with a less generous
spirit than manufacturers. AS these claims
will necessarily pass through your Office,
| it is your province, under the law, to de-
eide whether or not there be an appropri-
ton to pay them
Comptroller Lawrence, to-day, an
nounced his opinion as follows: The act
of March 8, 1883, and the provisions of the
revised statutes, sections 277 and 269, give
ample authority TO allow the audit and
certificate payment in favor of manufac-
turers of and dealers in tobacco, etc., and
the rebate is provided for in said act, but
it is certain that this act does not make
appropriation for the payment in money
of any sum so found DUE The
act does not, by title, profess to
be an appropriation act The
act does not employ the usuals words of
appropriation acts, nor is there any equiv
alent language, nor any which by any fair
construction shows that congress therein
intended to give authority to make any
payment in money. The act does provide
that such rebate to manufacturers may be
paid in stamps, but this does not extend to
dealers, and it shows that the attention of
congress was called to the subject of pay
ment of the rebate, but not the equivalent
provision for any payment in money, from
all of which the inference arises that none
was intended to be provided in this act.
The constitution, article 1,section 8. clause
z, provides that no money shall be drawn
from the treasury but in consequence of
appropriations made by law. The pur-