The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-03-01
LEADERS JUBILANT.
supreme Court Decision on Mckinley
Law Enhances Partx,s CHANCES.

Supreme Court Decision on Mckinley
Law Enhances Party's Chances.
WASHINGTON CITY, Feb. 29-[special. Prom
1nent Republican leaders in the present con-
gress who fought for the passage OF the Mckin-
ley bill SO hard in the Fifty-frst congress were
very Iubilnnt today over the supreme court de-
cision rendered this afternoon declaring the
Mckinley law, with all its provisions, includ-
ing the reciprocity clause, to be constitutional
II is believed that the results of this
decision will have good effect
throughout the country, and will en-
hance the chances of the Republican party in
the national campaign. While at no time have
any OF these statesmen believed that the bill
was unconstitutional, they are pleased at the
decision the supreme court gave on the meas
ure today. The result OF this decision may tend
10 enl1ven the proceedings of the present ses-
sion SO far as tariff legislation is concerned.
1t is possible now that tho Democrats will
awaken to the fact that something must be done
III the interest OF campaign thunder this fall,
ana they may charge their tactics go
Tar as their programme is concerned for
the amendment OF the Mckinley law. 1t Is
impossible to state at this time
what the outcome may be SO far as the Demo
cratic programme congress is concerned, but
there is possibility that it may result in widen
ing the breach between the two factions The
Cleveland-Mills faction may decide TO make
their plans will be opposed by the Hill German
Cr!sp-springer faction is not known. 1t is prob
able however that they viii be unable to get
together on the tariff at any time.
The three cases in which importers sought
to test the constitutionality OF the Nc
kinley tariff act were today decided by
the United States supreme court. The
court affirmed the judgments of the New York
and Illinois circul. courts OF the United States
in favor OF the constitutionality OF the act. The
three cases were those of Boyd, Sutton & Co and
Herman 5. Tcrbach & Co, each versus the United
states and Joel B, Erhardt, collector of the port
OF New York, and Marshall Field d. Co. vs.
collector OF the port of Chicago. Tho grounds
on which it was maintained that the tari d was
unconstitutional were that the tobacco rebate
section bill had been omitted in its enrolment
after It's passage by congress and, therefore,
that the bill signed by the president was not the
bill passed by the legislative department OF the
government; that the reciprocity feature trans
mitted to the executive law-mskiug power and,
therefore, made void and vitiated the whole
Gct; and, lastly. that the act was void because
OF the sugar bounty provision.
Justice Harlan read the opinion. He said the
court had given the most careful and deliberate
attention to a question now raised for the frs.
time as to the courts determining whether the
act signed by the president was actually the
law passed by congress. The object of the
journal required to be kept by congress was not
that it might be consulted 20 determine the
authenticity OF an act OF congress but that there
might be publicity OF proceedings. The sigma
lures OF the two presiding officers and of the
president was complete authorization, prov
ing that the forms required have been complied
with. The suggestion that there might be
deliberate conspiracy between the presiding
officers and the president to make law not
passed By congress, the court SAID could not
- IA
conclusive. AS 70 reciprocity, the court saws
various decisions OF the court ard the p-act ce
OF years establishes tho right of congress to give
the president power by proclamation at g future
day 70 revoke or modify certain clauses OF the
al. !; holds it was not transfer OF legislative
power. bu: simply gave the presiden. power to
determine whether the time had arrived when
the requirements OF congress as to the act tax
ing effect had arrived. The president, the cour:
says, is not vested with any zeal legislative
power; congress prescribed the conditions un-
der which the president should act All
he had 70 ascertain was that q particular
fact existed, and then il was directed that he
execute the act The president was the mere
agent OF the law-Inaking power. Vita respect
70 sugar b0unties. the cour: says the argument
that tae validity OF the whole act IS involved in
the question as 20 whether or not this cause is
valid. Is 20 obvious au error as not to warrant
az argument. There IS no sucn connection be-
tween this part OF the act and the Other sec
tlons as 20 warrant the court in assuming that
Ihe rest would have been adopted hut for the
adoption Of the bounty system. They are en-
tire!y SCI srGte in purpose
Lamar and Chief Justice Fuller concur-ed in
the audlHgs OF the court but GIsseate1 from
that part holding the reciprocity section cons.i-
tut.oaaL They held il was a transfer OF legisia-
tive power. but coucurred in the conclusion on
the ground tina. there was no. vital connection
between The reciprocity section and the tariff
portions of the set.
J Judge Gresham Third Party Nominee.
CHICAGO, Feb. ga Cincinaati special dis
patch contains Ga interview WITH o. IS. Wright,