The National tribune. [volume] (Washington, D.C.) 1877-1917, 1891-08-27
cHkT OF THF CoRRIDoRS.

yenes for the October term four important
issues are 10 De decided. The first will be the |
Bering Sea controversy, while the other three |
will involve the most important Legislation /
enacted by the 5lst Congress for the question |
of the legality Of the Mckinley bill will be
considered aud incidentally the right of Con-
gross 10 pass protective tariff measure under
anv circumstances. Then the legality oil
Speaker Reeds quorum-counting process WIZ
also be determined. The two other issues are
presented in habeas-corpus cases upon one OF
which practically depends the enforcement OF
the interstate commerce act and on the other
the right OF Congress to prohibit the circulation
of lottery advertisements through the mails
Arguments are in course of preparation ON
behalf Of the Government by the Solicitor
General. The first case will be that of the
vessel Sayward, which was seized and forfeited
10 the United States Government for taking
seals in Boring Sea. Sir John Thompson mao
the case brought before the Supreme Court Of
the United States in order to have that hlou-
nal decide whether the United States has Juns-
diction over Boring Sea- as claimed by the DC
partmont OF State. The Solicitor-General "lH
contest that the Court cannot decide the
question, rs The State Department has already
construed the treaty with Russia bearing on
that point which construction has never been
contested until recently, and hence the attl-
fude of the Government is fixed and substan-
tial. and the Court must be governed accord
ingly.
The validity of the Mckinley bill is matter
az more general interest than any Of the others
Three suits have been fled-one by Chicago
firm of importers, and two by New York I'M
porters. Thoy sued the United States before
the Board Of General Appraisers to recover the
difference between the duties on goods i'm
ported by them under the Mckinley act and
the duties they would have had 70 pay under
the tariff act Of 1883. These importers claim
that the Mckinley act is not law. Three
arguments arc submitted in support OF their
position the first and most important being
that relating 10 the omission Of the tobacco
rebate section, which was omitted by accident
in the enrolment Of the bill after passing both
Houses. They claim that the bill signed by
the President was not the one passed by Con-
rress and therefore what is known as the Nc
Kinley bill Is not q law ia meeting this argu-
ment the Solicitor General will hold that only
the Journals Of the two Houses are competent
TO determine that the omission was an acci-
dental one AS the Journals do not show this
10 be the case the Government viii present a
strong point II it can maintain its contention
Rs TO what is evidence in regard TO the intent
Of Congress. The Government will also hold
that Il the omission is proved 1t does not in
validate the bill, as the Court must deal with il
AS though il were an unconstitutional section,
which can be cut out without invalidatng the
balance Of the law. Another argument Of the
importers VIII he that the sugar-bounty section
is unconstitutional, the question being raised
whether Congress has the right to pass pro-
tectve-iarif measure which goes beyond the
constitutional provision relating to the raising
Of revenue. The Government will hold that
the sngar-bounty section is covered by the
general welfare clause Of the Constitution, as
A. also the right Of Congress 10 levy protect
i've tariff. Another argument Of the importers
will be that the reciprocity section Of the Nc
Kinley bill confers on the President legislative
powers in violation OF the Constitution, to
which the Government will answer that such
powers are not conferred, as the President is
given discretion to levy duties under pre-
vious act, OF 10 suspend them In view Of GER
tain contingencies, which does not give him
legislative functions.
80
The case Of Speaker Reeds count comes up
In case on appeal under the Dingley act, which
was passed IN 1880. The act provided that the
Secretary % tho Treasury should classify all
worsteds as wOOlens. The importers contend
that the act was never passed, and bring for
ward The House journal, which shows that the
Speaker counted quorum from members pres
ent and not voting.
Another case comes up under the interstate
commerce act. An officer OF the Chicago, Bur
lington & Quincy Railroad was called before the
Grand Jury aud refused 10 testify TO the viola
ti0n Of the act, on tho ground that he would
incfminatc himself The statute expressly
Etipulatcs that evidence shall not be used
against the person giving IL, while on the Other
hand there Constitutional provision that nc
one can b. required 10 give evidence which viii
luriminate him. il was held by the lower
court that tAe man must testify, and unles,
this opinion is held by the Supreme Court th,
interstate commerce act might as well be wiped
OF the statute book for it Will be impossible e
secure convictions under it hereafter.
80
The question Of the consttutionality Of Tn
lOLlfrF az comes up on Two hhOeaS-cOrpu
cases one from Mobile and the other from New
Orleans. Parties were arrested for mailinI
newspapers containing lottery advertisements
ID Is claimed that the act is restraint upol
the freedom Of the press, aud also that Congress
bias no right 10 pass laws which will impair IN
general efficiency Of the mails.
a@a
Every little while some one thinks up ne'
aud ingenious scheme for protecting the cas-
in the Treasury, and battling every kind Of
plot for Illegally getting hold Of Uncle Sam
accumulated dollars. The latest Is q deviC
Tor defeating q sudden dash on the cash room
such Is villains Of the Frank James type WEI
in the habit Of making on banks. il is one
the impro5abilitios that any such dash wi
ever be made but IN order 10 defeat il should
be- made q number Of electric buttons la,
been placed All around the cash room, whiC
connect with an immense gong IN the Office
the Captain OF the Watch. Should despera
men lud their way into the cash room, und,
the guise Of visitors aud suddenly cover d
attendants with TeVolvers, some one Of n
clerks viii get an opportunity 10 touch bu
ton, the gong will sound the alarm, and all q