Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-10-25
M'KINLEYS BILL.
THE ATTORNEY GENERAL SUB
MiTS HIS ARGUMENT OMIT.
The Duties on Wooden Goods. Silk and Cot
ton Not Levied to Get Money to
Pay the Sugar Bounty.

WASHINGTON, Oct. 24-The brief before
the United States supreme court in the case
of Boyd, Sutton & Co, Herman. Sterbach
& Co, and Marshall. Field ( Co., appel
lants, VS. the United States, has been pre-,
pared by the attOrne y-general. These are
the cases in which the constitutionality
of the Mckinley tariff act are involved.
They are among the cases set for hearing
by the supreme court on the second Mon
day of November. The appellants state
that the act is unconstitutional
because OF the omission Of the
tobacco rebate clause in the
bill, as it was signed by the yice-preSident
after being agreed to in conference, and be-
cause it contains the bounty and reciprocity
provisions. Concerning the first conteu-
ton the attorney-geneIal traces the course
Of law through its enrolment
and signature by the presiding officers of
both houses, its approval by the president
and its deposit with the secretary of state,
IN whose Office 1t is carefully preserved in
junction. This. he continues, is
the ultimate and complete record
OF the proper and constitutional passage of
the law as therein contained and is the
most appropriate evidence of which the
court may take Judicial notice in consider
ing the existence and contents of law and
II complete and regular il is not impeached
by entries upon the legislative jour
mails or other evidence inconsistent
Herewith even if the enrolled act is but
prima facie evidence of the existence and
contents. There is no other record by which
1t may be impeached, except the Journals of
the two houses, and in the cases at bar the
journals do not show any discrepancy
between the bill as it passed the houses
and the bill as it was approved. The evil
dence tending TO show such discrepancy
relied on by appellants is paroi and
can not therefore be considered
by the courts. "Conceding, however"
the encouragement says, that the
tobacco rebate section was omitted from
the bill after its passage and before its APP
provai by the president as is claimed by the
appellants, this fact would not render in
valid the remainder of the bill
which did pass both houses aad
was approved by the president for
the reason that the rebate section and the
approved bill were separable and ,independ-
ent OF each other" Concerning the incor-
poratiOn in the bill of the sugar bounty
clause the attorney general says it was for
the purpose of encouraging the production
of raw sugar in this country.
Counsel. he says, assigned the increase
OF the duty upon woolens, silk
and cotton to the necessity for additional
revenue TO pay the sugar bounty. There is
no more warrant Tor saying that the duties
lIlCICii dsSCSScU were lOr DN
congress in this act to pay the sugar
bounty than there would be for saying the
same thing of the duty levied by the bill on
any other merchandise. The question of
the validity of bounties is as old Us the
protective tariff and has been
answered in the same way by constant leg
islation, and the acquiescence OF the people
as old as the nation itself has sanctioned
both direct ami indirect bounties
for the encouragement of those in
dustrics which are closely allied
with national growth and national
independence rs a public purpose and as
within the power of congress. The recp-
rocity clause, the attorney general says,
could not have been intended 20
increase the revenue Its con-
ditional operation precludes any such
idea. The clause was an after thought 1t
was not introduced until late in the session.
after the bill had passed the house and
had been discussed in the senate:
it is wholly independent of every
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 constitutional, he says. 1t is only
4 delegation of legislative discretion by
which an alternative provision of an exis-
ting law may be applicable TO the happening
of fact, the existence of which, to be de-
termined by the president