The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-24
IS The TARIFF LAW vAL|D2.
The Question. Raised Owing to No
torious Blundering in the
Enrolment.
Government Automatons Who
Have No Opinions They
Dare Announce.
The Blunders VIII Probably Only AlIsot
the Portions Ommfttedl- Other
Warrington News

WASHINGTON, OCT. 2S. Secretary Windon
said this morning that he knew nothirf
SofhciaIly about the protests against thu
legality Of the Mckinley tariff bill. 81 ds
not" he said, regard it as within the prov
inoe OF an executive officer to question tn,
constitutionality Of the acts Of congress-, /,
il for him % enforce theslaw a. he finds ii
and not to determine questions Of it's legal.
ity. am therefore executing the MoKinle,
tari6 bill az lind il. and shall continue tc
do 20 unless a competent legal tribunal,
such as the supreme court, decides
the law unconstitutional. It il
not for me to question the validity o,
any signatures to the bill az enrolled
Neither is it for me to determine whether
the bill signed By the president did or die
moi. IA fact, pass the lower house; much less
Is il for me TO determine whether the omis
sion Of the tobacco drawback section, Q,
any other provision of the bill, invalidstee
thetaw. As understand il, the act OF
October !, 1890. is the Law Of the land, and
my duty, therefore 10 plain, and shall ex-
ecute its provisions 70 the best Of my abil.
the courts, and until they decide against it
shall be governed BY it as il stands.'
Attorney General Miller positively de-
.cllned to discuss the question, saying 1t
would be manifestly improper to do 30 IN
less II came to him in an official way. Com
missioner Of Internal Revenue Mason said
1T 10 not for me to say whether or not the
omission OF the tobacco provision vitiatea
the law. Being merely.an executive Officer
OF the government, must enforce it as
lind 1t. Anyhow, the tobscco schedule does
not take effect until Jan. l, 90 il congress
desires to refund two cents pound on all
tobacco on hand when the law takes effect
i has ample time TO legislate to that end .
No alarm whatever is felt here among the
friends Of the Mckinley bill az to the legal
ity 0fits enactment.
Rrecedents Of unnumbered years." an
old md experienced employe Of the house
said to-day, leave no doubt that an error
Whether OF omission or commission. in the
enrollment Of bill passed by congress,
does not vitiate any part Of the measure o..
cept that part to which the error relates
Captain McGregor, chief Of the customs di-
vision, recalls somewhat similar case un-
der the wool act of 1867. The tariff act
bore date Of March 2, but congress- extend
ed the session OF the second over to tho
fogxth, %, % matter Of fact, the bill waa
1slfeakned "a Till 4bout noon VI ths 4th of
March,. The question arose whether a
cargo that arrived on the third should pay
duty at the old rate, as the bill actually
was not signed till after its arrival. or the
new rate. The case was carried into court,
which consented to 90 behind the public
record and take the testimony of President
Johnson himself as to when the act was
signed. A similar question will, of course,
come up in connection with the Mckinley
bill. The copy of the act which went to
the president and was signed by him, GER
tainly bore the signatures OF the presiding
officers Of the two houses Of congress-, certi-
flying to its correctenss. It must now be
settled whether it will be lawfnl to 90 be-
hind this certlfcation and ascertain what
was really passed by the two houses.