The record-union., 1895-08-08
Legality of Appropriations Made
by Congress Under Discussion.
THE HEARING TAKES PLACE BE-
FORE COMPTROLLER BOWLER.
Reports Received at the State Depart
meut From the United States Con-
sui at Victoria, British Colum bia,
Are to the Effect That the Seals in
Behring Sea Are Practically EX-
terminated.

WASHINGTON, Aug. "A hearing was
held to-day before Comptroller Bowler
upon the question OF the constltutional-
ity OF the sugar bounty appropriations.
made by Congress at its last session. for
the crops OF 1898 and 1894, arising upon
the claim Of tho Oxnard Beet Sugar Com
pany of Nebraska, the first claim settled
by the Auditor since the passage OF the
Wilson bill by which the old sugar boun-
ties of the Mckinley Act were repealed.
The Commissioner of Internal Revenue
having adjusted the amount of bounties
due the Oxnard Company, referred all the
papers to the Auditor for The Treasury
Department, with statement OF the ac-
count thereon.
The Auditor allowed the amount fixed
by the Commissioner OF Internal Reve-
nue. and certified the decision TO the Comp
troller for his approval. disapproval or
modification, as required by the provls-
ions of the new accounting system
adopted in the Act of July 81, 1894, as q
result of the labors OF the Dockery Com
mission.
That Act requires the Auditors. in max
ing an original construction or modify
ing the existing construction Of the stat
ute, to report to the Comptroller OF tho
Treasury their decisions and suspend ac-
ton until the Comptroller has passed
upon the question.
The decision Of the Comptroller is re-
quired TO be acted upon by the Auditor.
whose certificate is made by law final and
conclusive upon the executive branch OF
tue Government.
The result is that the decision of the
Comptroller cannot be reviewed by any
other executive officer of the Govern
ment.
Claims rejected by the Comptroller,
however, may be sued on in the Court of
Claims, or in certain cases in the Circuit
aud District Courts Of the United States,
their decision being binding upon him.
The Court of Appeals of the District of
Columbia, in the case of the United
states eX rel. 1he Miles Planting and
Manufacturing Company versus John u.
Carlisle and Joseph ). Miller, mandamus
proceedings against the Secretary OF the
Treasury and the Commissioner OF In
ternal Revenue, to compel them 10 APP
point sugar inspectors under the prOviS-
ions of the Mckinley act, having held
that the sugar bounlies were unconstitu
tional, the Comptroller of the Treasury
deemed it his duty to be satisfied upon
that point before passing the claim OF the
OXnard Company and establishing pre-
cedent for the payment OF sugar bounties
provided for by the new appropriation.
He therefore, without making any de-
cision upon the matter whatever, called
upon counsel Of the OXnard Company to
discuss the question.
The matter gives rise Immediately to
considerable discussion as to the Comp
troller's powers and duties and the claim
has been persistenly made that he had
no jurisdiction and was compelled to
obey the laws passed by Congress,
whether constitutional or not.
Thatpoint will be argued as we'll as the
constitutionality Of the bounty appropri-
atoms.
Ex-senator Manderson of Nebraska
made strong argument in support OF
the claims.