New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-02
TIE TARIFF DECISIONS.

The United States Supreme Court has sup
pressed an immense volume OF Democratic cap
trap by its decisions in relation to the Iar1lf ana
Worsted acts. For nearly two years the leaders
and press of the Opposition have confidently as
serted that both the procedure and the iarllf
legislation of the last Republican Congress were
unconstitutional, and would be invaidated by
the Supreme bench. Democratic Senators have
repeatedly staked their reputation as constitu-
tional lawyers upon the fullilment OF this pre-
dcton, and all the Free-Trade journals have
published elaborate arguments to demonstrate
the unconstitutionality of Speaker Reeds rulings
and of the sugar-bounty provisions and the Reel
procty clause of the Tariff Act. All the ques-
tons at issue have been presented to the United
States Supreme Court by the ablest lawyers
whose services could be secured by the importers
and their Democratic hackers. The result is an
unequivocal and final decision affirming the con-
sttutionaliy Of Speaker Reeds method OF count
ing quorum and also of the Tariff Act with
the bounty and Reciprocity clauses
Justice Brewer in declaring the united opin-
ion Of the Supreme bench on the validity Of the
House rule providing for the counting of non
voters present yuring the proceedings analyses
III dS purely IL lucSiiOll VI pONNi' iO Nph"''
tuition has empowered the House TO make It's own
rules for the regulation of legislative business ;
and consequently the validity OF a measure en-
acted in accordance with a rule authorizing the
Speaker to count quorum cannot be Questioned
This is the opinion Of the court reduced to the
simplest terms. The Constitution provides that
a majority Of each House shall constitute quorum
to do business. Rule XIV of ne Republican
House prescribed a method of ascerainng the
presence of a majority. The Speaker enforced
regulation which the House had a clear and
uneluiv0cll right to establish. Accordingly,
any measure passed by majority Of votes when
the quorum had been asceltained in this way
was legally enacted. With three Democrats on
the Supreme bench this decision has been reached
unanimously. All the partisan defamation about
the Republican Car" and revolutionary meth
eds of gagging the minority passes as the wind
roaring in a broken chimney-pot.
The ccnstitutionality OF the Tariff Act is af-
firned with equal unanimity except on single
point the Reciprocity clause. The Chef-Jus
tice and Justice Lamar have taken the ground
that the Aldrich amendment involves delega-
ton of legislative power TO the Executive, and
is therefore unconstitutional. The majority OF
the Justices have not sustained this view. but
have interpreted the amendment as constituting
the President an agent of the lawmlking power.
Congress prescribed the conditions under which
he was to act, and authorized him to execute its
will whenever he should perceive that these con-
dtions existed. This was the view taken by
Senators Adrich and Spooner when the clause
was adopted, and their judgment has been llly
sustained by the Supreme Court. The objections
based upon the sugar bounteS and the tobacco
section omitted in the enrolment Of the bill after
its passage by the House are Cvcrruled by tho
full bench. The constitutiOnaty Of the Tariff
Act has been affirmed with substantial unanim-
ity, and Democratic panicmongerS who have
been assuming for many months that it would
be inyalida;ed are left in state Of utter de-
morazaticn and collapse
Republican legislators know how to make the
Nations laws. In the longest and busiest session
of Congress which has ever been held since the
adoption OF the Constitution a great number Of
measures were enacted, but even in the turmoil
of political excitement caused by factious and
obstructive opposition the legislative work was
so carefully and thoroughly done that it passes
successfully the rigid scrutiny OF the court of last
resort The supreme Court has established in
an unansweIable way the capacity and intelli-
gence of the last Republican Congress, and Its
answering respect for constitutional law