The Labor enquirer., 1886-01-09

The United States he shall from tint
70 time give TO bonafees information o
the stats Of the union and recommend Il
their consideration such measures Is he
shall Judge necessary" etc.
We therefore respectfully and earn
estly beg that you will advise congress Al
your earliest convenience of the exist
ence ofthe unconstitutional laws herein
pointed out and recommend their re
peal. We remain, Mr.. President, with
great respect, Your most obedient fel
low citizens. SIDNEY MALTBY,
L. G. JEFFERs,
B. II. WEBB,
Committee.
TO which the following reply has beer
received:
DEPARTMENT OF JUSTICE,
WASHINGTON, Dec. IL. I
SIR The law creating the Office O
attorney general makes it his duty &c
answer questions of law, only when pro
pounded to him by the president, or the
head of some executive department
r. --g
and this law has been construed most
strictlv, from-the time of Mr.. Writ IN
1878 to Mr.. Brewster, 1884 by uniform
and unbroken line of opinions, main.
tanning rigid observance of this rule
Quoting long line of opinions. II
would be inconsistent with my duty to
reply to the numerous inquiries which
come from other sources. To say moth
ing of the expenditure of time, it would
be committing me beforehand upon
points which might afterwards arise in
the regular course of administration.
When you take this simple view of the
subject, I am sure you will excuse my
not giving an opinion on the subject TO
which you refer in your note of the =
inst. addressed to the president.
Very respectfully,
A. II. GARLAND,
Attorney General
To which the following reply has been
sent:
Hon. A. 81. GARLAND, Attorney Gem
eral. DEAR SIR:-Acknowledging the
receipt of your letter of the seventeenth
instant wherein you say that the law
creating the Office of attorney general
makes it his duty to answer questions of
law only when propounded by the pres.
ident, ETC., we beg to call your attention
to the fact that we have sent no in
quries to you or your department that
if any questions of law in which we are
interested have been propounded to you
it was not done by us but by the presi-
dent, to whom we sent our communica-
ton. That there might be no doubt
upon this point we refer to the closing
sentence ofyour letter which reads: II
am sure you will excuse my not giving
an opinion upon the subject to which
you refer in your note of the - inst,
addressed to the president. We hold
that anv answer you were pleased Co
make concerning the subject of our COM
munication to the president, and by him
submitted to you, should have been ad-
dressed to the president. Especially as
it appears from the reading of our COM
munication that it involves not ques-
ton of law, but questions concerning the
discharge of executive functions on the
part of the president. ~
..--.r Respectfully etc.,
e.. s. MALTBy, ct. al.
It will be seen that this matter raises
a question perhaps never before raised
in the history of the government, and Of
vital importance, namely: The presi-
dent having sworn to execute and de-
fend the constitution of the United
States, is it his duty to have any uncon-
stitutional law when his attention is di-
rected to it by anv citizen set aside by
the proper authorities?
The general opinion HERETOFORE has
been that the unconstitutionality of
United States law must and can only be
decided by the supreme court, involving
a great deal of expense. And if these
laws operated against
the poor they would never reach the su-
preme court. But if the president is un-
der the constitution bound to take cog
nizance of them it would follow, and /
suppose the point will be made, tnat he
should take steps for their suppression.
The committee looks with great deal
of interest to the answer of the attorney
general to their letter, and if as evasive
again as the other was. propose to reach
the occupant Of the White House. L
will keep You posted as to the result.
Isaac COHEN.
-i :. -7----s-------
The celebrated stiff Hats from the
Co-operatime Hat company just received
at C.ayton's. r..
....
T.. The largest store.
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