The record-union., 1895-08-09


the sugar bounty case before Comp
lroller Bowler was resumed this morn
ing. Another large and Interesting
crowd was present, among them many
prominent men. Senator Blanchard be-
gan to-day's proceedings with carefully
prepared address.
Senator Blanchard of Louisiana said
that he and the gentlemen associated
with him would present the article under
three different heads. They would con-
tend first that the Comptroller of the
Currency is without authority to ques-
ton the validity of an Act of Congress;
second, that the appropriation called in
question is of constitutional warrant;
third, that if it be not constitutional,
strong equities existed justifylng Con-
| gress IN making the appropriation, an q
| that Congress has equitable Jurisdiction.
! The Senator said be would address nin-
self more particularly to the first con ten
tion. The claim IN question, that of tbs
OXnard Company OF Nebraska, was
| pasSed upon by the Auditor for the Treas-
ury and allowed. He certified the
amount due to the Comptroller OF the
| Treasury, and that official, who is re-
CURED by law TO also pass upon it, ap-
pearing to have doubts as to his duty IN
the premises, suspended the claim.
The doubts OF the Comptroller arose,
as [ understand it," said the Senator,
ION the constitutionality OF the law. The
ACT OF Congress is precise, plain, clear
| and mandatory.
/ The attitude of the Comptroller is one
OF apparent resistance 10 the execution of
| an Act Of Congress. Questions of grave
and serious Importance arise. An extra
| ordinary spectacle Is here presented.
Three gentlemen, who as Senators OF the
| y nlted States actively participated IN the
! passage OF the bounty appropriation
| through the Senate, and two mem bers of
the House OF Representatives who did
I the same IN that body, are present at this
| hearing, and for what purpose? To pre-
sent before subordinate official OF the
| Treasury Department reasons why ne
| should execute the law OF Congress.
| + pom what degenerate times have we
| fallen that high legislative officers of tho
Government feel compelled in the dis
! charge OF their public duties To appear
! personally and urge that effect be given
to a law of the land. II would seem that
their duties do not end with the enact
ment OF a statute. They must needs fol-
low il up into the executive branch and
see its execution.
q "Wha is the nature of this off ce Of
Comptroller? What are its duties, pow
ers, Jurisdiction? Can the Comptroller
{
gress? Is he anything more than an ad-
minlStratlye or ministerial officer? Must
ne not eX ecuEe the law IS ne nnds it? If
the Comptroller OF the Treasury may re-
fuse his sanction to the proper proceed
ings required TO take this money from
the treasury after its appropriation by
Congress, 10 appropriation whatever is
safe.
1.-The President, 1t seems, must approve
an Appropriation Act az whole or veto
it as whole He cannot by the Consti-
tuition approve certain items of appropri-
alton in the bill and veto what does not
meet his approval. But not so the Comp
troller; he is circumscribed by no such
narrow limit"
AN Act of Congress, said the Senator,
approved by the President, is not guild
ance for the treasury oiiicials-is not q
warrant for drawing money from the
treasury until his own peculiar test Of the
constituuonality is applied to it by the
Comptroller. These pretensions of the
Comptroller, as Mr.. Blanchard called
them, he denied utterly.
The act of Congress, Mr.. Blanchard as
serted, constitutes the Comptroller an adj
mlnlstratlve or ministerial officer. in
vested with no judicial duty whatever.
The most that could be claimed for him
was that he was ministerial officer with
quasi judicial functions.
The law heretofore referred to directs
the payment OF money to the sugar pro-
duoers upon the ascertanment OF their
claims in the manner provided by law.
It is a ministerial act to be performed.
Quasi judicial functions may be exer-
cised in deciding the amount due upon
the state OF facts presented, but once this
is decided every step leading up TO the
payment OF the money is purely minis
teria act.
MIR. Blanchard then proceeded to ex-
or int oh
the Comptroller to see what purpose it
subserved in the administration of the
Treasury department, and he contended
that the person holding 1t was but an ac-
counting officer. Having, as he said
shown that the Comptroller was to be
considered a ministerial officer alone, al
though he performed certain quasi Judi
cial functions, the Senator proceeded to
inquire whether 1t was within the Comp
trolier's province to question the validity
OF the statute under consideration. After
quoting numerous authorities and citing
decisions, he asserted that the very Ut
most that the executive branch could do
in the way Of inquiry into the constitu-
tionality of law was To ask the opin-
ion OF the AttOrney-General. But
the Act OF Congress constituted rule OPP
erative on the Comptroller until it was
declared by the judicial power void.
The question under consideration in
was once the subject of az investigation
by the Thirty-sixth Congress, when q
Comptroller refused to execute a law Of
that body.
on that occasion the CO Inclusion reached
by the Senate committee that investi-
gated the action of the Comptroller was
that it was matter of very grave in
Qulry" to know how far an executive,
ministerial or subordinate officer of tho
Government can be permitted to go be-
hind the law or question the motives or
actions OF Congress to find excuses or
reasons for the non-execution OF the law.
Ii this be permitted without rebuke is
would be subversive OF all law.
Appeal for Her Sons Pardon.
BUzZARD's BAY. Aug. S.-Mrs. S. F.
Hatch of Oklahoma City is here to-day.
She came on to see the President in re-
gard to securing, if possible. an absolute
pardon for her sou, Clyde MattOx, who Is
now under sentence to be hanged on Oc-
tober llth. for the killing OF negro III
that city six years ago. MIR. Cleveland
was unable to give tho poor lady any en-
couragefnent to-day, from the fact that ne
had not fully considered the voluminous
matter now before him.
Epidemic of smallpox.
SAN ANTONIO fTex.), Aug. s.-Ad-
vices from Eagle Pass state that there are
l95 cases of smallpox among the negro
refugee colonists, who are held in strict
quarantine at that place. There are
from five TO ten deaths day among the
sufferers.