, 1890-10-24
WIndom WIII ENFORCE The LAW,

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WASHINGTON, Oct 23.-Secretary
Window said this morning that be knew
nothing officially about the protests
against the legality Of the Mckinley tariff
bill. Il do not" he said, regard it as
the province OF an executive officer to ques
ton the constitutionslity of the acts Of
congress-. 1t is for him to enforce the
law as he finds it. aud not determine
questions affecting its legality. | am,
therefore, executing the Mckinley tariff
act rs / find it. and shall continue to do so
unless a competent legal tribunal, such as
the supreme court, decides the law un-
constitutional IL Is not for me to ques-
ton the validity Of any signatures to the
bill as enrolled. neither is it TOR me to de.
termine whether the bill signed by the
president did or did not in fact pass the
lower house. Much less is it for me to de-
termine whether the omission OF the to-
bacco drawback section, or any other pro-
vision Of the bill i~nvahdates the law. As
1 understand it, the act Of Oct. !. 1890,
is law of the land. My duty. therefore.
is plain and | shall execute its provisions
to the best OF INV ability. Its constitu-
ionality is a question for the courts, and
until they decide against 1t | shall be
governed by it as it stands"
Attorney General Miller positively de-
clined to discuss the question, saying it
would be maniiestdly improper to do so
unless it came to him in an official way.
Commissioner of Interna Revenue
Mason said: 1T is not for me to say
whether or not the omission of the
tobacco provision vitiates the tariff law.
Being merely an executive officer OF the
government, | must enforce it as | find it.
Any how the tobacco scedule does not
take effect until Jan. /. 50. if congress
desires to refund two cents a pound on
all tobacco on hand when the law takes
effect, it has ample time to leglslate to
that end. No alarm whatever is felt here
among the friends of the Mckinley bill
MS to the legality of its enactment.
Precedents OF u%nnumbered years. an old
and experienced employe Of the house
said today, leave no doubt that an error,
whether of omission or commission in the
enrolment OF a bill passed by congress,
does noe vitiate any part Of the measure
except that part to which the error re-
lates.
Capt. McGregor, chief of the customs
division, recalls a somewhat similar case
under the wool act OF 1867. The tar
i'll act bore date the I'd Of March, but
congress extended the session of the
I'd over to the 4th, so as a matter Of fact
the bill was not signed till about noon on
the 4th OF March. The question arose
whether a cargo that arrived on the Sd
should pay duty at the old rate, as the
bill was actually not signed till after its
arrival, or the new rate. The case was
carried into court, which consented to go.
behind the public record and take the
testimony OF President johnson as to
when the act was signed. A similar
question will. of course, come up in con-
%ncction with the Mckinley bill. The
copy of the act which went to the presi.
dent and was signed bv him certainly bore
the signatures Of the president and the
officers Of the two houses of oongro So
certifying to lis correctness. 1t must now
be settled whether it be lawful TO go be
hind this c%ertification and ascertain what
was really the bill passed by the two
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