The times. (Owosso, Mich.) 1882-1897, 1892-03-04
THE LAW is VALID.
The Supreme Courts View of
of the Mckinley Act.
BATCH OF IMPORTANT DECISIONS.


Set Autobiography and the Sugar
Bounty Sustsined--AIso Reeds Count
ing of n Quorum-The sayward Case
Decided Against England-Schwab and
Fielden Lose Their Last Hope-Barbed
Wire Patents Upheld-Contract Labor
Opinion.
WASHINGTON, March 1.-The supreme
court reconvened yesterday for spring ses-
sion. A long list of unusually important
and interesting cases was disposed of and
the attendance of attorneys was large,
among them being Attorney General
Miller, General b. Il. Butler, ex-Secretary
Boutwell,, Senators Davi and Kenna,
Solicitor General Taft and ex-Representa-
tive Payson. So far as the American
people are concerned probably the most
important of the decisions was that on the
validity of the Mckinley tariff law. This
was in the case of Marshall Field g. Co.,
of Chicago; +. M. Boyd, ct al, and Charles
Sternback ct al, of New York, VS.. the
United States. The opinion was delivered
by Justice Harlan.
Explanation of the Case.
Duties were assessed on various articles
imported by the appellants under the Nc
Kinley bill, and they protested against
paying them on the ground that the act
was not the law of the United States for
the reason that section thirty of the act as
it passed both houses and was agreed to in
conference was omitted from the enrolled
bill signed by the presiding officers Of the
two houses and by the president, and that
therefore it did not comply with the re-
quirements of the constitution. This was
the first time the question was presented
to the court, and the justice said it recsiv-
ed the consideration it deserved.
Complete Authorization Defined.
After referring to the constitutional re-
quirements respecting the passage of a
bill and the proceedings of congress, the
court says:
The signing by the speaker Of the house of
representatives and by the president OF the
senate in open session of an enrolled bill is an
official attestation by the two houses OF such
bill as one that has passed congress, and when
q bill thus attested receives his (the presi-
dent's) approval and is deposited in the public
archives, its Authorization, rs bill that has
passed congress, should be deemed complete
and unimpeachable.
Contention of the Appellant.
1t is admitted that an enrolled act thus au-
thenticated is sufiiCiet evidence of itself
nothing to the contrary appearing upon its face
that it passed congress. But the contention
is that it cannot be regarded as law Of the
United States if the journal of either house
fails to show that it passed in the precise form
in which 1t was signed by the presiding officers
Of the two houses and approved by the presi-
dent. 1t is said that, under any other view it
becomes possible for tho speaker of the house
of representatives and the president of the SEN
ate to impose upon the people as law ii
that was never passed ny congress.
Too Remote u Possibility.
But this possibility is too remote to be seri-
ously considered III the present inquiry. 1t
suggests deliberate conspiracy to which the
presiding officers, the committees on enrolled
bills, and the clerks of the two houses must
necessarily be parties, all acting with COM
mon purpose to defeat an expression Of the pop
uar will in the mode prescribed by the con-
stitution. Judicial action based upon such
suggestion is forbidden by the respect due TO q
coordinate branch of the government.
Chose the Least of Two Evils.
The evils that may result from the recogni-
ton Of the principle that an enrolled act in the
custody of the secretary Of state, attested by
the signature of the presiding officers of the
two houses of congress and the approval Of the
president, is conclusive evidence that it was
passed by congress according to the forms of
the constitution, would be far less than those
that would certainly result from a rule max
ing tho validity of congressional enactmenJs
depend upon the manner in which the journals
of the respective houses are kept by the sub
ordinate officers charged with the duty OF
keeping them.