Evening capital journal. (Salem, Or.) 1888-1893, 1891-10-26

/ lcitauAS tOtNtuu TIE tti II uutonhli-
tulional because Of the omission Of
the tobacco rebate clause In the bill
as signed by the president after it
was agreed to in conference, and be
cause II contains the bounty and re-
ciprocity provisions. Concerning
the first contention, the attorney
general traces the course Of the law
through both houses, its approval by
the president aud its deposiGe with
the secretary of state. This is the
most appropriate evidence of which
the court may take judicial notice
in considering the existence and
contents Of the law, if 1t is COM
plete and regular aud is not inn
peached by the entries upon the
legislative journals or other evidence
inconsistent Herewith. In the case
at bar the journals do not show any
discrepancy between the Till a
passed and as approved. Couceding,
however, the attorney general says
hat the tobacco rebate section was
emitted from the bill after its passage
and before approval by the president,
Is alleged, this act would not render
Invalid the remainder Of the bill,
which did pass both houses, aud
was approved by the president, for
he reason the rebate section and
he approved bill were separable
and independent Of each other.
Concerning the sugar bounty
'lause, the attorney general says it
was for the purpose of encouraging
he production of raw sugar in this
country. Counsel, he says, assign
he increase of duty upon woolens,
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 the bounties is as old as
that of the protective tariff, and has I
oeen answered, in The same way, by {
constant legislation and acquiescencr |
of the people, as old as the nation
tself, has sanctioned both direct and
Indirect bounties. The reciprocity
clause, the attorney general says,
could not have been intended to
increase the revenue. It's condi
tional operation precludes any such
idea. 1t Is wholly Independent of :.
any other clause in the bill, and the
passage or failure to pass, had 10
bearing whatever upon the passage
of the remainder. The clause is
constitutio nal, he says. 1t is not
the delegation Of legislative power .
to the president, but is is only legis-
lative direction, by which the alter.
native provision of an existing law
is made applicable to the happening !
of facts, the existence of which is to
be determined by the president.
A NEGRo's HORRIBLE CRIME.
QUEEN CITY, Tex, Oct. 26.-Near {
here Saturday, Lee Green, II 49, i
year old negro, shot and killed Mrs. I
Lowe, the wife of his employer. He
threw the body into wei, and l
threw her 7-year-old daughter and
4year-old boy in after her. Then tn c
make sure of them he threw down
n wash.kettle and some timberS. {
The little girl was killed, but the
boy escaped unhurt. The negro stole
a horse and $50 and started for
Arkansas, A posse of men are in
pursuit of him.
RLAINE IN WASHINGTON.
WASHINGTON, Oct. 26.-Secretary
Blaine returned to Washington Sat.
urday afternoon from his unex-
pected prolonged absence from the
city since May last. Mr.. Blaine was
accompanied 10y Mrs. Blaine, Mrs.
Walter Damrosch aud Mr.. Dell, his
private secretary. a score of people :,
who were inside the guard railing of
the station, surrounded the car oc.
cupied by Mr.. Blaine and watched
him alight. Foremost of these was /
James G.. Blaine, jr., who greeted
his father aud mother, and then,
taking charge of Mrs. Damrosch, s
followed the secretary and his wife
as they walked arm in arm down |
the platform. There was much TAX I
ing OIL of hats by the spectators in- =
side the guard railing, aud the sec
'retary responded to each salute with G
a smile. Outside the guard railing {
We're lerowded about 10000 people. 7
They respectfully made passage ]
way for the distinguished statesman. q
Outside the station the Blaine $
carriage was waiting. Robert Blaine, ,
the secretary's brother, greeted the {
party at the carriage door. He and 1
James Il. Blaine were the only per /
sons who met the secretary at the
station, None of the members OF
the cabinet were present there. Mr..
Blaine shook hands warmly with
his driver, and was driven directly
10 his residence on Lafayette square.
A GHOST STORY.
BosroN, Oct, 25.-Spooks held
high carnival at house in Cam.
bridge saturday night, and com.
pleIely mystified half a dozen po.
iicemen who tried TO dislodge them.
About o'clock the boarders at the
Appian house We're aroused by a fu-