The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-10-27

w,sIuyG1oS, D. c., Oct, e6,-Attor.
rcy General Miller has prepared his
rri,i in the cases brought against the
roi,rd States by Boyd, Sutton Il Co.,
orl MARSHALL Field 4 Co. to test tho
coo,,itutionality Of the Mckinley tar
n hill Tho brief will DO filed in the
snrrcuc Court in few days, to which
,,Luull the cases have been appealed,
The cases are among thosc set for
hearing by the Supreme Court on the
second Monday Of November. The APP
ra.I1n,s contend that the act is uncon-
..i,r,joaal because OF tho commission OF
III, tobacco rebate clause in the bill, as
/, WAS signed by the President, after
I,yipc been agreed 10 in conference,
n"G because i. contains the bounty and
reciprocity provisions.
Generating Tho first contention tho
o.,orarv general traces the course OF Il
law through its enrolment and sigma
,lrc by tho presiding officers OF both
Ion.es, its approval by the President,
in whose Office it is carefully preserved,
in obedience TO express statutory ill.,
juN,ti9"'
SOr TO BE iMrEACiED.
This, he continued, is the ultimate
and complete record Of the proper and
constitutional passage OF tho law ne
therein contained, and Is the most up
nropria.c eYilcaco OF which tho court
tngy take judicial notice in considering
The existence and contents OF the law,
and ii complete and regular is not i'm
vc9chcd By cn,r!cB upon tho legislative
journals, or other evidence inconsistent
ihc,ewi.h Even II tho enrolled act is
bu; pima iacie evidence Of its exist
eurt and contents there Is 10 other
record by which it may be impcachcd,
except the journals oil the two houses,
and in the case at bar the journals do
not show any discrepancy between the
bill as i: passed the two houses and the
bill as it was approved. The evidence
tending 10 show such discrepancy, re-
he'd on by appellants, is in parol and
cannot therefore be considered by the
court.
ConCcdins, however, the attorney gen.
eral says, that the tobacco rebate sec
lion was omitted from the bill after its
passage ard before its approval by the
President rs is claimed by the appel
lants, this iuCt would not render invalid
the remainder OF the bill which did pass
both houses and was approved by the
President Tor the reason that the rebate
section and the approved bill were
sporadic and independent Of each
other.
Concerning the incorporation in the
bill Of the sugar bounty clause the attor-
ney general says it was for the purpose
Of encouraging the production OF raw
sugar in this country. Counsel, hesays,
assign the increase OF duty upon WOOL
lens, silks and cottons to be necessary
iCraliitional revenues to pay the sugar
bounty.
NOT A NEW QUESTION.
There is no more warrant for saying
tia! the duties herein assessed were
provided Tor by Congress in this nc. to
pay the sugar bounty than there would
be ior saying the Something OF the duty
levied by the bill on any other mer-
chlnlisc.
The question CT the validity OF
bonntlcs is as old as that OF the protec-
five tariff onI hos ,a,,, ,,sworo,j :, A.,
zane way by constant legislative and
executive action. A course OF lcgisla-
lion and IN acquiesccncc OF tho people
as Old as the nation itselfhas sanctioned
both direct and indirect bounties for
The encouragement OF those industries
which are closely allied with national
growth and national independence as q
mGic purpose and rs within the power
Of Congress.
The reciprocity clause, the Attorney
General says, could not have been in
tended 10 increase tho revenue. Its
conditional! operation precludes any
such idea. The clause was m after
thought 1t was not introduced until
late IN the session, after the bill had
passed the House and had been discuss
Ell IN the Senate. 1t is wholly indie
pendent OF every other clause in the
SH, and its passage or failure to pass
haa no bearing whatever upon the pas
sa:e OF the remainder.
:, Inc clause is constitutional, he says.
II Is not delegation OF legislative pow
st 10 the President, but is only q lcgis-
i%iive direction by which an alternative
provision OF existing law is made nppli-
cao!a TO the happening of fact tho OK
the President.