The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-10
cAFFREr TALKS ON THE BOUNTY.
He Argues That Controller Bowers
Position Il UntenabIe.

Washington, Aug s-The hearing 10
convince ControIer Bowler that he should
pay the sugar bounty as authorized by
the last congress was continued to-day
Senator Caffrey OF Louisiana taking the
floor. In opening he said he understood
Mr.. Bowler TO maintain that the power
to say that law is no law because invalid
for unconstitutiOnaiity was lodged IN the
executive branch 81 the government ana
that an executive officer by virtue OF MS
office and Of the statutes, had the right
TO question the c0nstitutionality Of law.
Mr.. Bowler remarked that that view was
substantially correct.
Senator Caffrey contended that the ju-
dicial power was lodged in the Judicial
department alone and that the law in
question was constitutional Even conced-
ing the act TO be unconstitutional the pow
er OF congress TO appropriate money was
unlimited, especially when that body at
tempted to repair wrong and injury IN
nicted BY itself The government, ne said,
had been conducted since its foundation
under the constitution and no such claim
as was now advanced by the controller
had ever been made before. 1t was a
suit between the executive and legislative
branches of the g0vernment.Any act Of the
chief of the great departments or one Of
his subordinate officers was the act of the
department itself. and in this case We
had the extraordinary spectacle presented
OF an executive officer trying TO thwart,
by constitutional doubt, the act of the
legislative branch. The citizen. and the cit
izen only. he held, was armed with the
power of questioning the constitutiOnality
of an act, and IL must be tested in the
judicial branch Of the government. 1t
could not be in the nature of things, he
said, that this extraordinary power was
vested in avapmriVn branch nf q
government
Senator Caffrey spoke until l o'clock,
when recess was taken until o'clock.
Resuming his remarks after lunch Sem
ator Caffrey said that Senator Mander-
son had shown that for a long period of
years it had been the policy of the govern
ment 10 grant bounties to stimulate trade
and commerce.
Under the constitution, congress had the
right to regulate commerce and TO ex-
change for its benefit He held that in
granting the bounty in question con-
gress had In contemplation the increase of
the products of the country; therefore,
the benefit of commerce and transporta-
ton. In this case congress, in view of the
industrial depression, had taken a wide,
comprehensive and just view of the ques-
ton
During the late war he said, the govern
ment had received a shock, a jar, which
IL was lnOugnt WOulQ throw the COnSlltu-
tional car off the track, but after the
carnage was over, all the forces marched
in the way pointed out by the constitution
and in one direction The constitution had
returned to its basis unmarried by the
dreadful conflict.
The step contemplated by the control
Ter, said the senator. was one of fearful
responsibility.
If the executive and judicial branches
of the government were merged into one
we would have a monarchial form of
government If the trainers of the con-
stitution had thought this possible under
the constitution as it stands it would have
been drawn differently. The evil conse-
quences that would follow from such
grant were so dangerous that they had
never thought of such thing.
Mr.. Bowler asked several questions re-
garding decisions as to the constitution
ality of the law.
Senator Caffrey in his answers held that
while minor courts could pass on such
matters, a decision could only be render
ed by the supreme court of the United
States. At the conclusion of Senator
Caffrey's remarks an adjournment was
taken until tomorrow, when Judge
SemInes of Louisiana will be heard