Birmingham age-herald., 1894-10-03
& retaries Carlisle and Miller File
  ? < Answers to Applications
s,FOR SUGAR BOUNTY CLAIMS
Showing That Congress Has Made No Appropriations
 for Them.

WAeHINGTon, Oct. 2.-Edward B. Whitney, assistant attorney general of the United States, today filed the answer of John c. Carlisle, secretary of the treasury, and Joseph s. Miller, commissioner of in- ternal revenue, to the application of the Miles Planting and Manufacturing com- pany tor an injunction to compel them to show cause why the treasury department should not pay the bounty on sugar pro- duction provided by the Mckinley tariff bill for the year 1894.
 Some of the points made by the answer are as follows:
 They aver, as they are advised and be- lieved, there is no law of the United States requiring or authorizing them to perform any of the acts asked for in the prayer, and no apprc priation under which they are au- thorized to incur expenses therefor and no funds in the treasury available for any such purpose.
 They aver that the acts asked for in the prayer of the petition are executive and not ministerial in character; that these re- sponses are charged as part of their official duty with the construction of the revenue acts of congress, and that construction so given by them is not reviewable by any court upon application fora writ of man. damus; that the respondent, Carlisle, as secretary of the treasury, is also charged, as part Of his official duty, with the re- sponsibiity of construing the appropria- tion acts lof congress and so marshaling the moneys appropriated that the govern ment of the United States may be properly carried on, and that the construction so given and monetary arrangements so made by him are not reviewable by any courts upon application for 0 writ of mandamus: that in pursuance of his official duty he has carefully considered, both by itself and in comparison with the appropriation acts of the previous fiscal year and with the present needs of the govern nment. the pro- vision of the leg slative, exec's and ju- dicial appropriation act of Ju.. 1894, relating to necessary expenses N,ect- ing bounty on sugar which is 0he only provision of law authorizing ol purporting to authorize expenses in that regard; that the moneys thereby appropri- ated are by it's terms applicable, and are required for salaries and expenses of the various collectors and deputy collectors of internal revenues and their clerks, trans- portation of public funds,s enforcement of the tax upon oleomargarine and other pur- poses, aside from inspection of sugar man. uiacturing; that in his opinion 50 reached, even withoutany payments for such in- spection there will be a deficiency under year, and that to spend moneys upon such inspection would, in his opinion, so vio- Iete the intent of congress, disarrangs the fiscal arrangements oj the treasury of the Oultetl Otdt0S auQ Dc u tuo dclllmeut Ol the United States government.
 Wherefore these respondents pray that tbe proceedings may be dismissed.
 CHOLERA AT CoGNAC, FRANCE.
 A letter was received at the marine hos pital today from Vice. United States Con- sul Tallock, at Cognac, France, annovdo-,, ing four deaths there from cnosera. This Is the first announcement of cholera at Cognac.
 AFAT OFFICE.
 Secretary Carlisle today appointed Will liam H. Pugh of Ohio, formerly commis- sioner of customs, superintendent of the income tax division of the treasury. The office pays S4000 per year.