The evening times., 1895-08-08
Senator Blanchard attacks the
Position Of the Treasury.
SARCASM FOR MR. BOWLER
He Denies the Right Of the Comp
trolIer to Question an Act of Com
gress and satiricaiIy Alludes to
Newly Discovered Veto Power.
Equity which justified the Law.

the power nor the Jurisdiction TO determine
the constitutioDality OF the law appropriat
ing So, ESQ 900 to pay sugar bounty claim
on the crop OF 1894, was resumed in the
office of tue comptroller at 1918 thil
morning. Senator blanchard was the firs,
speaker.
He said he aud the gentlemen associated
with him would present the argument
under three general heads.
First. That the Comptroller OF the Treas
ury is without authority TO question the
validity of an act Of Congress.
Second. That the appropriation called
in question is OF constitutional warrant.
Sd. That II II he not constitutional.
strong equities existed justifying Con-
gress In making the appropriation. and
that Congress has equitable Jurisdiction.
He said he would address himself more
particularly To the first touching only
In general way upon the other two,
leaving it IN his associates TO amplify
the argument upon them.
He recited the history of the passa Ee
of the tariff law containing the provision
for the payment of the bounty, with this
provisiou:
And for the payment Of such bounty
the Secretary of the Treasury is author
lied tn draw warrants on the Treasure
OF the United States for sums as shall be
uecessary, which sums shall be certified
tn him by the Commissioner of Internal
Revenue, by whom the bounty shall be
disburseL"
The Necessary preliminary steps, he said,
had all been passed, but payment was
delayed because OF doubts by the Comp
troller as TO his duty in the premises.
QUESTION OF CONSTITUTION ALITY.
THE doubts of the Comptroller arise"
said Senator Blanchard, las I under
stand 1t. on the constitutioDality of the law.
The act OF Congress is precise. plain, clear,
and mandatory-no trouble about its inter-
probation; no difficulty about constituting 1t.
Nor Is there any controverted question
OF fact In the instant case The claim is
properly made out, approved and audited.
'The attitude of the Comptroller is one
OF apparent resistance to the execution
Of an act Of Congress.
AN extraordinary spectacle is here
presented. Three gentlemen, who, as
Senators OF the United States, actively
participated in the passage Of the bounty
appropriation through the Senate, and
two Members of the House of Represen-
tatives, who did the same in that body, are
present at this hearing. And for what
purpose? To present before a subordinate
official Of the Treasury Department rea-
sons why hc should execute the law of Con-
gress
"Can the Comptroller of the Treasury
question the validity OF an act of Congress?
Is he invested with judicial power to de-
clare an act unconstitutional, and refuse,
for thatreason, TO do that which the statut
prescribe for him to do in order to give
force and effect to the act?"
III there be in the Treasury Department
q subordinate executive officer with powers
80 supreme as TO set aside at will an act OF
Congress, 1t is time for it to become gener.
ally known. for its consequences are far
reaching indeed"
HE BECOMES SARCASTIC.
1.-THE Constitution provides but one
source Of veto power-that of the Chief
Executive. Is it possible that another
source of veto power has lain dormant all
these years, to spring into life and activity
just at this moment in the official per-
sonality OF the Comptroller of the Treasury!
1.-The President, IL seems, must approve
an appropriation act as a whole or veto
1t az q whole. He cannot, by the Constitu-
ton act which measures up to his ftanderd
priation in the bill and veto Others which
do not meet his approval. Bat not so tie
Comptroller. He is circumscribed by no
such narrow limit. Items in an appropria-
ton act, which measure up to his standard
Of constitutional authority, may pass
muster; but certain other items, which fall
short Of his constitutional measurement,
are doomed to extinction. 1t makes no
difference that the great lawyers in the
two Houses Of Congress may have thought |
the bill constitutional. Their opinions
must be balanced against his
IAN act of Congress ap,,-oved by the |
P resident is not a guidance Tor the Treas |
Try officials, is not q warrant for draw
ng money from the Treasury, until his |
,wn peculiar test Of constItutionaiity Is
applied to it by the comptroller. In short, |
l bill Is not a law, notwithstan ding IA |
Torable action by Congress and the Presi- |
lent, until the roll il called in the Treas |
Try building and the comptroller answers |
aye"
''These pretensions Of the comptroller I |
ieny utterly. They must be repudiated |
~ all sound opini'n.
IAN act of Congress approved by the
resident, properly authenticated, and |
the comptroller through the |
proper channels, must be regarded by him |
IS a law.
"Mr. Bowler in his individual capacity
nay believe to the point of conviction
hat q law Ii Unconstitutional; but that
ioes not excuse Mr.. Bowler in his Gu
'aclty as comptroller from executing it,
or the sufficient reason that it fs not l
,iven by law to Mr.. Bowler, comptroller,
o decide upon the validity of the acts of |
congress.
''The law heretofore referred to directs
he payment of money to the sugar pro-
luoers upon the ascertajnmnet of their
laims in the manner provided BY law.
is ministerial act to be performed.
luasi judicial functions may be exercised
n deciding the amount due upon the state
1 facts presented, but once this 10 decided
very step leading up to the payments of
money Is purely ministerial act"
Senator Blanchard devoted himself for
be remainder of his time to presentation
( legal propositions and authorities bear
ng upon the case, and In conciusion said:
But whatever may or may not have been
ecided in regard to the bounty provisions
the Mckinley act. the present appropria-
on In the act of 1899 has never been the
nbject of contention In the courts. No
ourt has given an opinion that Congress
Tas without authority to appropriate this
soney for the purpose specified, and it
'as deliberately appropriated by CongressJ
fter the renlar IA BILE opinion rendered in 1