New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-25
MKINLEY LAWS CONSTITUTIONALITY
BRIEF OF THE ATToRNEYGENEEAL IN CASES
BROUGHT BY CERTAIN MERCHANTS.

BRIEF OF THE ATTORNEY GENERAL IN CASES
BROUGHT BY CERTAIN MERCHANTS.
Washington oct 24.-The brief for the United states
in the cases OF Boyd Sutton IL Co., IL. Herman stern
bach & Co., and Marshall Field Co., appellants agt'
the United states, has been prepared by the Attorney
General. These are the in which the constl-
nationality OF the Mckinley Tariff act Is involved.
They are amopg the cases set for hearing by the SUI
preme Court on the second Monday Of November The
appellants contend that the act IS unconstitutional be-
cause OF the omission OF the tobaccoebate clause IN
The bill As 1t was signed by the President, after having
been agreed to in conference and because it contains
the bounty and reciprocity provisions.
Concerning the first contention, tho Attorney Cen
eral traces She course the law through It's enrol
ment and signature by the presiding officers OF both
houses its approval by the President, and its deposit
with the Secretary of state, in whose once II IS caro-
fully In obedience to express statutory IN
junction. This, he continues, Is the ultimate am COM
plee record Of the prope and consttuuonay passage
Of the law as therein contained, and Is jthe most
appropriate evidence OF which the cburt may
take judicial notice. in considering the existence
and contents of tla law, and If complete and
regular, is not impsSched by entries upon the
legislative journals oth6revldence Inconsistent there
with Even If the enrolled act is only prma facie
evidence of its existence and contents, there Is no
other record by which it may be impeached, except
the journals of the houses and in the case at bar
the journals do not show any discrepancy between the
bin as IL passed the houses and the bill as il was
approved. The evidence tending to show such dis
crepancy relied on by appellants Is palO ana cannot
therefore be considered by the court
Concedng, however the Acknowledgement says that
the tobacco rebate section was omitted from the bill
after il passed and before its approval by the Pres-
dent as is alleged by the appellants, this fact would
not render invalid the remainder Of the bill which did
pass both houses and approved by the President
for the that the rebate section and the approved
bill were separable and independent OF each ether
Concerning the incorporation in the bill of the
bounty clause the Attorney General it was for the
purpose of encouraging the production Of raw sugar in
this country Counsel he says, assign the increase OF
duty upon wOollen, silks and cot0ns to tile necessity
for additional revenues to pay the sugar bounty There
is no more warrant for saying that the duties herein
assessed provided for by Congress in this act to
INV 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 that of the protective tariff and
has been answered in the way by constant leis-
ative and executive action. \ Of legislation
and an acquescencc of the people old the Nation
itself have sanctioned both direct aud indirect bolnci
for the encouragement Of those industries which are
closely allied with National growth and National n-
dependence as q public purpose and as within The
power Of Congress.
The reciprocity clause the Attorney General SAYS,
could not have been intended to Increase the revenue
us conditional operation precludes any such idea.
The clause was an aterthought. 1t was net in
tryiuced until Late in the session., afcr the Dill had
passed the House and had teen discussed in the
SENATE IL Is wholly independent Of every o;her clause
i'm the bill and ito passage failure to pass had no
bearing whatever upon the passage Of The REMAND T.
The clause is constitutional he says. IT Is not
delegation of legislative power 10 the President but
is only n legislative direction by which an alternative
provision Of existing S5 law Of %eR 10 to S Be &
termined by the President