The morning call., 1891-10-25
FIGHTING The TARIFF.
The Attorney General UphOldS the COnSti-
tutiOnality Of The Law.

WASHINGTON, Oct. 4.-The brief for the
United States in the cases Of certain I'M
porters in which the coDstitutionality OF the
Mckinley tariff law is involved has been
prepared by the Attorney-General. The
appellants contend that the act is unconsti-
tutional because of the omission of the
tobacco rebate clause in the bill as signed
by the President, after it was agreed to in
the conference, and because it contains
bounty and reciprocity provisions. Con-
cprnng the first contention the Attorney
General traces the course of the law through
both Houses, the approval by the President
and its deposit with the Secretary of State.
This is tie most appropriate evidence OF
which the court may take Judicial notice IN
considering the existence and context OF
the law, and if complete and regular is not
impeached by the entries upon tile leglsa-
tive Journals or other evidence inconsistent
Herewith. In the case at bar the journals
do not show any discrepancy between the
bill as passed and as approved. Conceding.
however, the AttorneyGeneral says, that
the tobacco rebate section was omitted from
the bill after passage and before approval
by the President, as alleged, that fact would
not render invalid the remainder OF the Dill
which did pass both Houses and was ap-
proved by the President, for the reason the
separable and independent of each other.
Concerning the sugar bounty clause, the
Acknowledgement saws it was for the pur-
pose of encouraging the production OF raw
sugar in this country. Counsel he saws,
assign the increase of the duty upon WOOL
ems, silks and cOttons to the necessity for
additional revenues to pay the sugar bounty.
There is no warrant for this assertion. The
question of the validity of bOuDties is as old
as that of the protective tariff, and has been
lxr GfnFaf
legislation, and the acquleSeence OF the peo-
pc, as old as the nation itself, has sane
toned both direct and Indirect bountieS.
Tie reciprocity clause, the Attorney
General says, could not have been intended
to increase the revenue. Its conditional
operation precudes any such idea. 1t is
wholly independent of any other clause IN
the bill. and its passage or failure to pass
had no bearing whatever upon the passage
of The remainder The clause is c0ustltu-
tional, lie says. and it is not delegation
of the legislative power 70 the President,
but is only legislative direction by which
the alternative provision of the existing law
is made applicable to the happening OF fact.
the existence of which is 10 be determined
by the President.
CHARGES AGAINST sURvEYoR-GENERAL.
Some rather serious charges have been
filed at the Land Office against the Surveyor
General of the District OF California, Will
lam Ii. Pratt. +. E. Atkinson, who, for
about one year and up to August 1st last,
was employed ue ranch clerk Il the United
States Surveyor Generals Office, swears
that Survey or General Pratt demanded and
accepted fees for certlhcatl0n as TO the
correctness of public documents that are
on file in the Surveyor-Generals office,
which fees we're for Pratt's own use, and as
affiant believes, without warrant of law {;
further that Mr.. Pratt allowed the use OF
the public and official documents in his
custody to persons unauthorized. whereby
the copies IF said public documents which
have been furnished would yield revenue
for his personal benefit; that the Surveyor
General has ordered copies OF documents
made at the expense of the Government,
but " which yielded him revenue person.
ally; that various sums OF money have
been deposited with Surveyor General
Pratt in his official capacity to cover the ex-
penSes of the hearings in the matter of ap-
plications on behalf of the State of Califor-
mia for lands claimed under the provision
OF the acts of Congress and that said sums
were not entered on the books of accounts
of the Surveyor-G Generals office, nor de-
posted officially, and that no statement OF
the expenditures has been rendered TO the
General Land Office or to the State of Cali
fornia ard that all balances remaining after
the payment of the exrenses of said hear
ings have been retained by Mr.. Pratt
SECRETARY BLAINE's RETURN TO DUTY.
Secretary Blaine and party arrived in
Washington this afternoon on the Con-
gressional Express, via the Pennsylvania
Railroad The Secretary appeared some
what fatigued from the effects OF his jour
ney, bu; greeted his friends cordially.
Later Ieporter called at his house and
met the Secretary at the door on his way to
take a carriage TO call on the President.
| In response to an inquiry as to his health.
| the Secretary said he was feeling very well,
| but as to other matters he declined to talk.
| Later In the evening an Associated Press
| reporter called at the Blaine residence, and
upon expressing surprise at his apparent
| good health the Secretary said he was in
much better condition than when he left
| Washington, In fact he had rarely felt bet
| ter in his life. He had spent very pleasant
hour with the President, during which they
| conversed upon various subjects.
PENSIONS GRANTED.
Pensions have been granted to the follow
| ing Caifornians: Silas ii. Miller. Michael
| Watson, Peter Fox, Daniel 5. Collins.
| Thomas Harris, Joseph Weaver, Edward E.
| Thompson, August Brooks, Northwood
| Barrow, James McGarvey, Patrick Gaffney.
| Henry Schwabenland, Thomas Hines,
| Charles c. Putnam, John A. Hayter, Sarah
| A. Babcock, Margaret Ahren, Anna Amelia
| Schaefer and Catharine l.. Douglas.
SIGNAL OFFICER CHANGED.
Robert E. KeIkam Chief of the Division
| Weather Bureau. will leave fol San Fran
cisco next Monday, and will relieve Lieuten-
| ant John Finley, Ninth Infantry, from the
| charge of the Pacific Coast work of the
bureau. Lieutenant Finley will report to the
| Chief of the weather bureau in this city, IN
| person, after thus being relieved.
Jury Unable to Agree.
| PORTLAND (Oregon). Oct, 24-1he Jury in