The times. [volume] (Richmond, Va.) 1890-1903, 1891-03-05
POWER OF THE ENCLOSING CLERK.

day or two ago it was announced that
four motions were made in the United States
Supreme Court to advance cases 10 test the
validity and constitutionalty Of the McKin-
ley tariff laws. The first Of these motions
was on an appeal from the Circuit Court Of
the United States for the southern district of
New York, sustaining decision Of the board
of general appraisers in assessing duties on
an importation Of laces by Boyd, SUIT
ton & Co. Counsel for the importers
contend that the Mckinley tariff act
is unconstitutional, first. because the
bill signed by the President was
not the bill that passed both houses Of Con-
gress, a section having been omitted in its
engrossment; second. that it contains provis-
ions for bounties to sugar producers in this
country, which. under the constitution, Con-
gress had no power TO enact, and third. that
section 3 Of the act assumed 10 delegate to the
President thepower to impose taxes upon i'm
ports, which power is vested exclusively in
Congress and cannot be delegated.
Each of these points is exceedingly i'm
portant, but perhaps the most important Of
them all. inasmuch as it involves a matter Of
more general interest than the others, is the
first. viz: That the Tariff law is unconstitu-
tional, because the act signed by the Presi-
dent was not the measure which passed Con
gress In this instance the act signed by the
President was really an act Of the engrossing
clerks. The bill voted on by both houses
contained provision allowing rebate on to-
bacco after January lst. The engrossing
clerks, either by accident OF design. omitted
this clause entirely, and when the act came To
the President to receive his signature. he
really signed a bill which was in at least one
very material respect, entirely different from
that which Congress had intended to pass.
decision by the Supreme Court on this
point will, therefore, determine 10 what limit
the power Of the Congressional engrossing
clerk extends As the matter now stands
Congress can pass any law it pleases but. un-
less that act is carefully read over, digcsted
by the President and Immediately sent back
TO Congress for rectifcaton as soon as any
flaw is detected, the engrossng clerk has 1t in
his power to frame and determine the laws of
the country. Clearly, therefore nothing should
be allowed to become law until Congress has
passed on it. and the President has intclh-
gently signed it. and any serious error which
may be detected in an act after it is signed by
the President should vitate the whole pro-
ceeding lfany other course is pursued there
is no telling what mischief the engrossing
clerk may play.
Whether the Supreme Court decides in nc
cordance with this view or not. one thing is
very certain-that its action on the Mckinley
law will tend to make Congress and the Presi-
dent both hereafter more circumspect. fit
is held that an act signed 10y the President
which is not an act of Congress is entirely
null and void it will have the effect of pre-
venting much of the hasty and ill-considered
legislation which characterized the proceed
ings of the Fifty-first Congress just happily
defunct.