Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-12-02
THOSE TEST CASES


WASHINGTON, Dec THE United State
Sutreme Court tcdsy continued the hearing
of the three suits brought by the New Y ork
and Chicago importers to test the constitu-
,ionaiity Of III. McKinley tariff act John
P. Wileon, representing Marshal Field &
Co., closed the opening argument for the
importers. maintaining the whole act was
vitisted by The omission Of the tobacco
| rebate section.
He illustrated the position by supposiD g
that the free sugar clause had been omitted
asking il the sugar bounty clause would in
such an event been held legal. He also
| contended that the rate Of duties was aff sct-
ed by the sugar bounty provision. Justice
Harlan asked how he sscertained such to be
fact. Mr.. Wilson responded that he
ascertained it from the act itself which VA
passed for tue purpose Of reducing the rev
, enues OF the government. .......
! Free sugar has cut on $50 600.
Bounties TO be paid from the customs duties
have been paid as q protection to producers
who had to compete agsinst free sugar.
Justice Gray inquired where was the differ
euce between The consiisutionaiity of the
protective act snd bounty. Mr.. Wilson
round The difference in the fact that the
protective tsnf came under the clause OF
the constitution giving Congress the right
| TO requisite commerce with foreign nations,
while The only authority which could be
claimed for the bounty system was the
general welfare clause.
There was quite . cross fire Of questions
and answers between the justices aad coun.
pel 40 respects the general welfare clause.
Justice Field wished to know il weight
should not he attached to the practice Of q
century Mr. Wilson thought the question
had never been passed ou. Justice Bradley
asked if attempts had been made to destroy
the legislation based on the general welfare
clause.
| He il CURED If the Goldfish act, passed for
the bene it of lhe New Engiand fishermen,
to put them on an even basis with the
Fren ch and Ecglish, had not baen passed
under the general welfare clause Of the
| constitution. Justice Harlan cited the re-
cent fertilization appropriation act, passed
| for the purpose OF encouraging the CUR
seel mauufa cure in the United 5tsses, At d
ASKED that If Congress could give bountiei
to qua manufacturers, why not to sugsl
producers.
Mr.. Wilson did no. admit that these
cases were analogous TO that of direct pay
ment for the simple production Of On article
| S,iic tor General Taft followed in behalf
OF The Uni.ed States ard directed bis at
teniioa to the omission of the tobacco re
bate section. and his line Of argument Wal
that it would not DO fer the court TO 90 be
hind the enrolled act.
Whsn they examined the journal theJ
would find no record Of the act itself. the
court W uId have to supple ement the record
by parole evidence, which was conhictlng
Attorney General Miller argued tht
bounty and reciprocity features. He main-
tsined the full right Of Congress under the
general welfare clause to pass the bouEty
set 1t Was the duty Of Congress, in hi.
opinion, TO build up cur industries, to bt
independent Of the world in lime Of need
Ia time Of peace the government could GEL
every thing, in time of var IL could not.
In the time Of peace the south devoted
itself to cotton and coin and prospered, bu
when the var csme South il found it woult
have been to its advantage to have fostered
. industries 30 it would not have beer
compelled to buy sbrosd. The powel
gr.ntd Congress under the genera. veifsf'
clsu.e,vas absolute and rot renewable b!
Ibis tribunal or any other tribunal on earth
/. | Ice geuefAl VSikAic PVveI We - bDeVbus'
. - comm on defense or laval power.
, Suppose Congress directed the buildinI
Of 40 ancient Greek trireme. wosld any
. body say this court could review and nulli
fy that dorminssiont II power was give
Censress means were in the discretion IN
Cor gress unless il used mesns, which ihi
c, uu could say vas . judicial msttei
wers not the means designed 10 the end
. A case might possibly arse ia which th
= cour conld inBs rpoee.
Cor grsss might, unde, the gsnsfal vel
: fsre cause. spfopisse money foe buildin
1 m immense cathedral in this city. Tn
court might, perhaps, ny vas not th