The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1895-08-08
THE SUGAR BOUNTY QUESTION.
Ex-senator Henderson Talked
Plainly to Mr.. Bowler.
he alphabetically Denied the Hight ofshe
Comptroller co Pass Upon che Uon-
stisutionality of the ACT, ana Said It
Wac Threatened Usurpasion and
Might Lead to National Disasters.

WASHINGTON, August Very gem
eral interest WAS manifested In tho
hearing on the sugar bounty Question
before Comptroller Bowler 20 dav.
Among lawyers and officials the matter
Is regarded as involving question
much more importans than that OF
whether or not certain sugar proiucers
shall be paid q bounty promised them by
the government; The question of pub
lie interest Is whether or not the de-
partment will maintain the proposition
that the comptroller may pass upon the
constitutionality Of law.
All the lawyers, and espe cially those
OF washington. who have business be-
fore Congress and in the departments.
are deeply interested in this case. More
over 1t affects the broad political ques-
ton OF the relations Of three co.ordinasa
branches OF the government toward
each other 10 manner never before
thought Of.
Inc opening argument was mad "
ex- Senator Henderson In behalfa
beet sugar producers OF the West,
consumed Gil the morning until al 80
o'clock. The burden OF his areumA ~
was in contfoversion of the idea of 4
comptroller having the right TO pas
upon raise the constitntionality of th,
law. He held that this question was
considered by Congress before PASSING
an ACE and was passed upon By the
President before giving an act his an
prevail
The approvsl OF an act ty the Presi.
dent was decision as far as the execu-
i've could decide, that IL was constitu.
n ~
PRESIDENT himself, far less with q sub
ordinate executive or administrative
oihcer to pass upon it. The supreme
court he STATED to declare a law uncon-
stitutlonal and surely 1t would be daring
in An administrative officer to presume
to psss upoa such o question.
Af!er an hours recess fer luncheon
Mr.. Henderson resumed his argument.
devoting this portion OF his Statements
to the conshtutionality OF the bounty
law. FOR the purpose CT establishing
the validity OF law in this respect he
quoted many authorities, citing leQisla-
slon and Congressional debate as early
as 1859 and coming down through the
history OF she nation. He showed that
In the earliest days bounties had been
common thing and claimed that onlv
the slightest disposition had been
SHOWN In Congress to criticise their con-
| stitutionality
He expressed the opinion that $3.50
| 600, 900 In gold would be sent abroad
this year for sugar, and contended that
one OF the best means for keeping gold
at home would be to produce our own
sugar. mr Henderson contended that
as constitutional question there was
no distinction between encouraging an
industry by granting bounty and inn
posing protection duty.
II cannot" said Mr.. Mauderson. in
conclusion, deem 1t possible that ali
past presidents are to be thrown to the
winds and that new and startling and.
az believe. dangerous precedent be esq
tsolished by yourself (Mr. Bowler).
believe such danger to be mcst serious.
! not only becsuse Of the particular in
teress involved, but as threatening a
usurpation OF power such as was never
contemplated by the founders OF the
government In doing that you are
starting on new road which leads to
dangers that cannot be foreseen and 20
disasters which will prove national in
their character"
Mr.. Bowler asked Mr.. Manderson some
questions for the purpose of making sure
OF his position as to the force OF o Law
on the statute books and among other
things asked him how the law could be
tested To this Mr.. Manderson replied
that there were ways OF testing the law,
but as he was engaged on the other side
ne did not propose to suggest them to
the enemies of his constituents At 4
O'Clock the hearing went over until 1880
O'CLOCK tomorrow when Senator Blap-
cnerd Will be the speaker.