The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-10-24
Ills DUTY IS rLAlS.
Secretary WinGom Dors Not Question the
Legality OF tho Mckinley Biii.

WASHINGTON, Oct. %. Secretary
Window faid thismorningtha he knew
nothing officially about the protest.
against the legality OF the Mckinley
tariff bill. 81 do not" he said, "regart
II MS the province Of an executive otlicel
to question the consiitutionality OF the
acts OF Congress. IL 10 for him to force
the law as he finds 1t and not to de-
termine questions affecting It's legality,
anl, therefore, executing the Mckinley
tarilract as ! find 1t, approved by the
President Of the United States aud Ger.
titled us correct by tho President OF tho
Senate and Speaker, OF tho House oil
Representatives, and l shall continue to
do so unless competent legal tribunal
such rs the Supreme Court decides that
tue law is Unconstitutional. 1t is not
Tor me TO question tho validity OF any OF
the signatures to the bill as enrolled,
neither Is 1t for INC to determine whether
the bill signed by the President did or
did not in fact pasa tho lower House;
much less 10 1t for me 10 determine
whether tho omission OF the tobacco
drawback section, or any other provis.
ion OF the bill invalidatcs the law as 4
whole. As understand it, the nc. Of
October ], 1890, is the law OF the land.
My duty, therefore, ia plain and shall
execute Its provisions TO the best OF my
ability.
Attorney General Miller positively dc.
cined to discuss the question In any OF
lis bearings, saying that 1t would be
manileEtly improper for him to do 80,
unless II came 10 him in ac official way.
Mr.. Mason, Commissioner OF Internal
Revenue, whois especially charged with
the execution of the tobacco provisionB
Of the law, said: II will obey the law
as certified BY the Secretary OF State. 1t
Is not lor me to say whether or not the
omission Of the tobacco provision vitia:es
the tariF. The tobacco schedule does
not take effect until January lst, and il
Congress desires TO refund two cents n
pound on all tobacco on hand when the
law takes effect 1t has ample time to
leGlslale TO that end"
No alarm whatever is felt here among
the friends OF the Mckinley bill as to
ps i'o CbhttlllCIl- Hc UFGCS-
dents OF unnumbered years leave no
doubt that on error, whether of omis.
sion or commission, does no. vitiate any
part oil the measure except that part to
which tho error relates. Errors OF some
sort occur at every session, and il i'm.
portant, they are corrected By joint reso.
luton.
Concerning the alleged invalidi.y OF
the tariff bill Capt. McGregor, chief Of
the customs division, recalls in gener-
al way q somewhat similar case that
arose under the wool act of 1857, which |
went 10 court, and the President was
appealed 10 learn when he signed the
bill. A similar question will, of course,
come up in connection with the Nc.
kinley bill. The copy OF the act which
went 10 the President was signed by
him certainly bore the signatures OF the |
presiding officers of tho tTo houses OF
Congress certifying to it's correctness. 1t |
must now be settled, whether it be law
fu. togo behind this certilcation and
what was really the bill |
passed by the two Louses."