The times. [volume] (Richmond, Va.) 1890-1903, 1890-10-24
IMPORTERS EXCITED
ALLEGED FATAL DEFECT IN THE
M'KiNlEY LAW.

The Omission of the Tobacco Rebate
Claimed to Invalidste the Measure
Interview with Secretary windom-He
will Execute the Law as Passed.
WASHINGTON, oct. 23.-lSpecial. The
question raised by importers and tobacco
manufacturers and dealers as to the valid
ity Of the Mckinley tariff law cannot be
finally determined except by the Supreme
Court. so far as executive authority can
determine il, Secretary Window has the
power, and be says latly and emphatically
that he will enforce the law as it was
signed.by the President.
THE ATToRNEY-GENERAL IN A HUFF.
Since this question was mooted, The
TIMES correspondent concluded TO see the
Attorney-General and ascertain II he
would give any information. Mr.. Miller
was seen, but the question as TO
the effect of the omission OF the
tobacco rebate provision had an irrita-
ting effect upon him. He replied brusquely
and almost Extensively. II am not here TO
answer such questions" and added that he
could not and would not express an opinion
for anybody lower in official life than the
head of department. He said his functions
were t) advise the President and heads OF
departments. and intimated very plainly
that he held his own opinion as entirely too
valuable to be thrown away upon the
public.
WHAT SECRETARY WINDOW SAYS.
THE TIMES correspondent crossed over TO
the Treasury and was most cordially receiy-
ed and considerably treated by Secretary
Window. lie said the question had been
put TO him before in more than one form Of
words, but practically the same in sub
stance. IL had been represented that the
bill signed by the President was not
the one which actually passed Con-
gress, and, therefore, the law is
invalid. Secretary Window said: 81 have
not made any examination as 10 the pas
sage of the bill. 1t is not for me TO raise or
decide the question Of the c0nstltutionality
of an act certified to me as a law, and having
the Presidents signature affixed. That is for
another tribunal to decide. | am an execu-
tive officer, and will execute the laws as
they are sent to me with the Presidents
approval. | have no knowledge OFF,
cially of any other law than
the one certified to me, and /
have no hesitation in saving that shall en-
force every provision Of that act just as 1t
came to me. II has been represented 10 me
that Congress really passed two acts. one
containing and the other emitting the re-
bate provision. do not know whether
that is correct or not. | shall go right
ahead and enforce the law sent to me unless
the Supreme Court shall direct TO the con-
trary."
VARIOUS PRECEDENTs.
Secretary Window recalled other in
stances wherein provisions had been omit
ted from acts of Congress, adding that in no
prior case had the question been raised that
such omission inyaIidated the remainder OF
the law. In the last River and iIarbor bill
an appropriation OF 5000, 600 was enormously
enrolled $500. No question az To the
validity OF the river and harbor law
was raised, and the correction was made
by an amendment. The Secretary's atten-
tiOn was called TO notable case some ten
or tw clye years ago, when he was in the
Senate. 4 section providing for the gov
ernment OF the Hot Springs reserya-
tOn, in Arkansas, was omitted from
the sundry Civil bill. Corruption was
charged, as the omitted provision affected
financial interests, and an investigation
was had by order of the Senate. BAH"
added Secretary Window in his con-
versation to-day; "nobody claimed
that the remainder of the sun
dry civil law was invalidated. Every
one of its provisions was enforced Just as
the provisions of the tariff law will be en-
forced. At every session Of Congress errors
occur in the enrolment Of bills, but fire.
uuently they are discovered in time for cor
rection before the bills reach the Presi-
dent. In other instances the correct
ion is made by amendments.
The omission OF the tobacco rebate clause
was not discovered until after the adjourn
q a
made by the correspondent of the New York
Journal of Commerce, who had carefully
followed all the proceedings in regard to
the tariff. In an interview published in
THE TINES senator Aldrch, who had
charge Of the tariff in the Sem
ate, and was practically at the
head Of the conference, promptly declared
that the omission was "A good error, and that
it would be promptly corrected upon the re-
assembling of Congress. No doubt this as
sertiOn would have been accepted by the
public had Representative Bayne not In
discreetly declared that the cOnferees inten-
tionally omitted the rebate paragraph hav-
ing decided that il was unnecessary. Had
the cOnferees reached such decision, II
was their duty to have submitted
it in their report. On the contrary, their re-
port which was submitted and approved by
the Senate and House, distinctly recon-
mended the insertion Of the rebate proyis-
ion. Ii turns out that Bayne was not pres
ent in the conference when the action adopt
ing the rebate provision was taken.
Secretary Window in the course OF his
conversation said the point had been made
to him that the two houses av,ng actually
adopted the rebate provision, 1t should have
the full force and effect Of law. But" he
added. as If desiring to emphasize what he
had already said. II am governed solely
and entirely by what has the Presidents
signature and approval"
THE SUPREME COURT.
II, as is suggested, there is a purpose
among business men 10. carry the ques-
ton to the Supreme Court, it il difficult
to see how they can attain this object, the
Mckinley administrative act having re-
pealed the right to sue collector. How
ever, the indications are that the
coming session of Congress will
promptly relieve the anxiety by amending
the tariff act so as 10 restore the rebate
clause. To neglect that would be to justify
Bayne's assertion and fasten reproach upon
the majority c0nterees.
CoNsTITUTIONALITY OF THE TARIFF.
Senator Carlisle, who was one Of the con-
ferees on the Tariff bill, was asked what, in
his opinion would be the effect OF the omis-
sion of Section 80 from the Tarih bill as
signed by the President. IL have not" he
said, ''examined the authorities on the sub
ject, but it seems quite clear TO me that the
omission OF one section is just as fatal TO
the bill as if all but one had been omitted
II the President can sign part OF a bill
passed by both houses ami make that law,
Of course il makes no dIllerence how small
a part il is. should the cOnstituti0Dality OF
this law be tested in the courts the question
would have to be determined by the jour-
nails of the houses, because they constitute
the only legal evidence Of what was done.
The two houses passed the tariff bill, but in
different forms. When it came back from
the conference committee there was moth
ing to act upon, except its report, which
suppose was entered upon the journals Of
hofh honsns ~ il nsnal In such CA ses -