The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-08-10
THE SUGAR BOUNTY CASE.
Senator Gallery Takes His Turn In
Criticising Mr.. Bowler's Action.


Crfticising Mr.. Bowler's Action.
WASHINGTON, Aug. 9.-Senator Caf-
fiery took the floor when the sugar-bounty
hearing was resumed to-day. He began by
eliciting from Mr. Bowler a brief state
n,ent OF his position, which that gentleman
said was based principally on the belief
that the law was unconstitutional. Mr..
Caffery then laid down the following prop
ositions as containing in brief the points
that he would attempt to make:
First-That the judiciary power lodges by
express constitutional grant in the judi
cial department, and that. alone.
Second-f any judicial function lodges in
any other department 1t must be by ex-
press constitutional grant, and If 1t lodges
in the executive department at all Ii must
be in its chief alone, and not in his subor-
dinates.
Third-Conceding for arguments sake
that the bounty law is not CONSTITUTIONAL
it is not so clearly SO as to warrant the
Interpretation that il is unconstitutional
even from court much less from min
isterial Official. 1t is not prima facie un-
constitutional.
Fourth-E;ven conceding the unconstitu-
tionality Of the law, the power lies in Con-
gress to appropriate money, especially
"f rs Or fG ne ncPs
by Congress itself.
The Senator then proceeded to elaborate
these points in an argument devoted almost
exclusively to the constitutionality of the
bounty law.
Mr.. Bowler frequently indicated that the
difficulty which he (BowleD encountered
was to find authority on the part of Con-
gress to re-enact legislation which has
been declared unconstitutional, and have
IL considered binding on the executive Off
Gals, but Mr. Caffery cOntended that the
congressional power was unlimited. Speak
ing of the uncertainty OF such questions.
when every occupant of the Controller s
office examines his own opinion. he called
Mr.. Bowlers attention to the fact that he
was subject TO removal at the will of tie
President. 'If," he said. 'your views do
views do suit" II the Controller was to
be given the power which Mr.. Bowler was
disposed to claim that Office would become
of only less judicial Importance than the
United States Supreme Court.
Mr., Caffery said that after the Sugar
Trust became convinced that duty was to
corners OF the globe for sugar, until in
July. 1884, it had secured between eight
hundred and one thousand million pounds
more of sugar In this country than there
had been the year before. In consequence
of this action the price OF sugar had been
less under the ad valorem tariff than when
sugar was free. He dWelt upon the dam
| age which had been done to the sugar in
| dustry, which, he said, was trembling in
| the balance. Large sugar plantations could
Mr. Caffery referred to Mr.. Bowler's in
tentions as proposed usurpation of the ex-
eeeutive. saving that such action was more
! likely TO destroy the Constitution than re-
bellion itself. 1t was blow more destruc-
| tive than death, sapping the vitals OF the
| Republic. 1t necessary that the W.
| rious departments of the Republic should
be maintained independent each of the
| other. You have" he said, invaded the
| judiciary and overthrown it, Let Ii be un-
| derstood that there is a concealed power
behind all these grants from the people,
and that there is such a thing as end of
| / therefore beg you to pause on the thresh-
| hold of this action, weigh the dangers and
responsibilities of the step you are about
| to take"
| Mr.. Caffery consumed the entire day with
! his argument, and as a consequence the
| conclusion of the hearing was continued
| until tomorrow.