The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1891-12-12

preparation act passed fo- the purpose
of encouraging gun steel manufacture
In the United States, and asked II con-
gress could give bounties to gun manu-.
facturers, why not to sugar producers
Mr. Wilson. however, did not admit
that these cases were analogous to that
of the direct payment for a simple pro-
duction of an article.
Solicitor-Gen. Taft opened for the
government, and the case was closed
by Atty Gen. Miller. In their argu-
ment the attorney-general and the So
licitor contended that even II the en-
rolled act was but prima facia evil
dence of its existence and contents,
there was no other record by which it
might be impeached except the journals
of the two houses, and that in the
case at bar the journals did not show
any discrepancy between the bill as it
passed both houses and as 1t was APP
proved. The government conceded that
the tobacco rebate section had been
omitted from the bill after its passage
and before its approval by the presi-
dent, but claimed that this fact did not
render invalid the remainder of the bill
for reason that the rebate section and
approved bill was separable and inde.
pendent of each other.
In combating the allegations of the
appellants concerning the sugar bounty
and reciprocity clauses, the govern
ments attorney contended that even ii
the clauses were invalid they had no
connection with or dependence upon
the paragraphs of the tariff act impos-
ing the duties OF which complaint was
made in the cases at issue, and could
not, therefore, affect their validity.
The bounty clause, it was contended,
was within the power of the eonstitu-
tion under the general welfare clause
of the constitution. In contending that
the reciprocity CLAUSE was constitu-
tional, the governments attorney
claimed that IL was not delegation of
Legislative powers to the president, but
was only Legislative direction, by
which an alternative provision of ex-
isting law was made applicable on the
happening of fact, the existence of
which was to be determined oy tho
president.
WAsHINeToN, Dec. 3-The hearing
OF the three cases involving the consti-
tutionality Of the Mckinley tariff act
was closed in the United States SUI
preme court Wednesday with very
brief argument by Stephen G. Clark, of
New York. Solicitor-Gen. Taft
then opened for the government the
case brought here by the United
States on appeal from decision of tho
circuit court OF the United States for
the southern district of New York in
favor of Ballin, Joseph g. Co. This
case involves the validity of the Ding
ley worsted act The point of most pub.
lie interest in connection with the act is
that the question Of mo quorum" is
raised, Speaker Reed having, in order
to make quorum, counted
mum Der of democrats who were in their
seats but refrained from voting. His
position is that the house had the
power to make the rule under which
the bill was passed, and that the ques-
tion of the wisdom of the rule is one
with which the court has nothing to do,
the remedy being in the house itself
and ultimately in the people who elect
the representatives.
Edwin R Smith, of New York,
argued the importers side OF the case,
maintaining that on a yea and nay vote
it was necessary to show the mans
presence by his action and by some
constitutional requirement, and that
there was no warrant for the clerk de-
claring him present.
Justice Brewer said the point seemed
to be that it was necessary that man
should be heard and not seen, and asked
how it would be if man answered by
telephone to roll-call. Could he be
counted in quorum?
Mr.. Smith was doubtful on that point,
but thought he might be, perhaps il
the house put the name on the journal
Att'y-Gen. Miller closed the case with a
brief argument in favor of the govern
ment's contention.