Los Angeles herald., 1890-10-24
The Mckinley Bill Perhaps
Not q Law After All.
A Serious Omission as to To
baccO Drawbacks.
Eminent Opinion Declares 1t Vitiates
the Whole Measure.
The Friends of the Bill Profess Not to Be
Alarmed-The Courts Must
Decide.
Associated Press Dispatches. |

NEW YoRK, Oct. %. - The Herald
prints passage from letter by Senator
Mcpherson, which says an omission has
been found in the internal revenue Sec
tion, relating to drawbacks on tobacco,
which will vitiate the entire tariff bill.
Senator Carlisle says: s'If the journals
OF the two houses show that the section
in question was part of the conference
report as agreed to, my opinion is that
the omission to include it in the bill,
signed by the president, invalidates the
law.''
The Bill's Friends Not Alarmed.
WASHINGTON, Oct. 23.-No alarm what
ever is felt here among the friends of
the Mckinley bill, as to the legality of
its enactment. "The precedent of un-
numbered years." an old and expert
enced employee of the house said today,
leaves no doubt that an error, whether
Of omission or commission, in the en-
rollment Of bill passed by congress,
does not vitiate any part of the measure
except that part to which the error re-
lates."
A Similar Case Recalled.
Captain McGregory, chief of the Gus
toms division, recalls a somewhat
similar case under the wool act of 1867.
The tariff act bore date the End OF
March, but congress extended the ses-
sion of the End over to the 4th, so as
matter of fact, the bill was not signed
till about noon of the 4th of March. A
question arose as to whether cargo that
arrived on the 3rd 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 the
courts, which saw fit to 60 behind the
public record and take the testimony of
President johnson himself as to when
the act was signed.
Tho Bill the President Signe d.
A similar question will of course
come up in connection with the McKin-
ley bill. The copy of the act which went
to the president and was signed by him,
certainly bore the signatures of the pre-
siding officers of the two houses of ,on-
gress, certifying to its correctness. 1t
lawful to 60 behind this certifcation,
and ascertain what was really the bill
passed by the two houses.
WASHINGTON, Oct. 23.-Secretary Win
dom said this morning he knew nothing
officially about protests against the
legality OF the Mckinley tariff bill. ''I
do not," he said, regard it as the prov
ince of an executive officer to question
the constitutionality of acts of congress.
It is for him to enforce the law as he
finds it, and not to determine questions
affecting It's legality. am therefore ex-
ecuting the Mckinley tariff act as find
it, and shall continue to do so unless
competent legal tribunal, such as the
supreme court, decides the law uncon-
stitutional.
SIT is not for me to question the vail
dity of any signature, to the bill, as en-
rolled; neither is it for me to determine
whether the bill signed by the president
did or did not, in fact, pass the lower
house; much less is it for me to deter
mine whether the omission of the to-
bacco drawback section, or any other
provision of the bill, ,invalidates the law
'sAs understand it, the act of Octo-
ber 1, 1890, is the law of the land. My
duty, therefore, is plain, and shall ex-
ecute its provisions to the best of my
ability. Its constitutionality is ques-
tion for the courts, and until they de-
eide against it, shall be governed by it
as it stands"
Tho Attorney G Genera1 Keeps Mum
Attorney-G General Miller positively de-
clines to discuss the question, saying it
would be manifestly improper to do SO
unless it came to him in an official way.
What Commissioner Mason Says.
Commissioner of Internal Revenue
Mason said: "It is not for me to say
whether or not the omission of the to-
bacco provision vitiates the tariff.
Being merely an executive officer of the
government, must enforce it as find
it. Any how, the tobacco schedule does
not take effect until January 1st, so if
congress desires to refund two cents a
pound on all tobacco on hand when the
law takes effect, it has ample time to
legislate to that end"