The times. [volume] (Richmond, Va.) 1890-1903, 1895-09-11

1
made by many OF the newspapers over
the action OF the Comptroller OF the
| Treasury. Mr.. Bowler. in refusing TO pay
the sugar bounty provided for by the
last Congress, when the act Of Congress
| is, in his opinion. in violation of the
Constitution 81 the United states.
Here is the Philadelphia Record. for
instance. using such language as the fol-
lowing, in regard to the case:
This comptroller virtually declares to
| the Congress which passed this sugar
| bounty and to the President who ap-
| proved 1t "Your law is unconstitutional,
| and / refuse to obey IT," Obviously. the
| only thing that remains is 10 put this
| comptroller out OF the way and replace
him by an official who will obey the
law 1t is not tolcrable that the opera
tons of this government should be ar
rested whenever a constitutional mag
got should be engendered in the brain
Of any of its officials. If a President
of the United States should refuse TO
enforce law under the plea raised by
Comptroller Bowler. the only remedy
would be his removal by impeachment
The only way out of the ludi-
crous dilemma in which Comptroller
Bowlers action would involve the gov
eminent is TO remove him. Should he be
retained in face OF his continued dis
obedience. the responsibility would be
transferred from him to his official SUI
periors. and they would become the vio-
laters of the law which they are bound
TO execute. 1t is hardly necessary to
urge that that might prove a most Sc
rious dilemma should the question of ex-
vi 0f hp q hrOlfp n
20 the consideration of Congress.
This is the merest twaddle that a news
paper making any claim to respectable
~ ought 10 be ashamed Of 1t is the
perfectly settled doctrine of this country
that an act of a Legislature, or an act
of Congress. which is repugnant to the
Constitution of the United States is
simply void. and can impose no duty
upon any one. nor afford any one protec-
ton for any act The Constitution de-
clares that it is the supreme law of the
land. and it is not possible for anything
that is in conflict with it to have any
OF the force and efficiency of law what
ever. All men must totally disregard
and ignore any act OF any legislative
body whatever that is in conflict with
the Constitution. That is the law. and
nothing can have any of the binding
force OF law that is forbidden by it.
This has been so often declared and
acted on by the Supreme Court of the
United States that it LOOKS Ike the merest
pedantry to cite from the decisions
OF that tribunal upon the point. but we
will venture upon few citations any
how.
in the case Of Norton VS.. Shelby Coun-
", us United States Reports. the SUI
preme Court, says at page 442:
AN unconstitutional act is not 'aw:
IL confers no rights; it imposes no du-
ties: il affords no protection. it creates
no Office il IS, in LEGAL contemplation.
as imperative as though it had never
been passed"
In ex parte siebold. 100 United States
Reports. the Supreme Court said. at page
SIC: ,g.:iss
AN unconstitutional law is void and IS
rs no law. An offence created 10y il IS
not a crime. 4 conviction under IL Is
not merely erroneous, but is Illegal and
void. and cannot be legal cause of I'M
We might go on multiplying citations
to the same effect indefinitely If the case |
justified it, but well-jnformed lawyers |
would turn up their noses at Us II we |
did. It is the elementary law OF the |
land that a statute which is repugnant |
10 the Constitution does not exist. and |
IS not to be obeyed by any one.
Comptroller Bowler was perfectly risl.t, |
therefore. TO refuse obedience TO the |
act OF Congress. if he believed it to
be repugnant TO the Constitution. This
refusal did not deprive any parties OF
their rights. TIE courts were open 10
hem, and If Bowler was wrong. they
,ould have his improper action correct
"a in the courts. But instead of decry-
ng an officer who has the independence
md the manliness to refuse obedience to ,
statute which the Constitution for
dds. he should be applauded and all
rood citizens should pray that the num-
yer OF officers willing to perform their
whole duty in this radical manner may
,e indefinitely increased