Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-08-09
Senator Blanchard Elk
presses His Opinion.
THE SUGAR BOUNTY CASE,
Exception Taken in Strong Terms to
the Presen, Ae, of Comptroller
Bowler,



sumod In the onice rooms Of the latter this
morning and another large and Interested
crowd was present among them many proml-
mont men IN public aGaip
Senator Blanchard began tho days pro-
celdings speaking from prepared manu
script,
Senator blanchard snld he and the gentle
men associated with him would present the
argument under three general heads, They
would contend, |. That the comptroller OF the
treasury was without authority to question the
validity OF an act Of congress- 2. That tho
appropriation In question Is OF constitutional
warrant. ). That II II be not constitutional.
strong equities existed justifying congress In
making the appropriation, and tina, congress
has equitable jurisdiction.
The senator said he would address himself
more particularly to the nrst contention The
claim In question, that OF the oxford company
Of Nebraska, was passed upon by the audi
tor for the treasury and allowed Hc certified
the amount due 10 the comptroller VI the
treasury and that ofirlal. who IL required
by law also TO pass on II, appearing 10 have
doubts an 10 his duty IN the premises, aus
pnnicd the claim.
The doubts OF the comptroller arose as
understand II, said the SENATOR 'on tho con
Htitniionality OF the law, The art Of congress
is precise. plain, clear and mandatory. Tho
attitude Of the comptroller IL one OF apparent
Resistance to the execution Of an act Of con.
Hi'HNt RAtNNlhWh VI hINNf anu hNIluuH lllluii
arise. An extraordinary spectacle IN hero
presented Three gentlemen who as senators
OF the United States actively participated In
the bounty appropriation through tho senate,
and two memhrrs Of the house % representa-.
tlvcs who did the same In that body are pres
cnt at this hearing And for what purnoscg
To present before subordinate official nf tile
treasury department reasons why he should
execute the law Of congress, Upon what gem
crate times have we fallen that high leglsla-
tive officers " the government feel compelled
In the discharge Of their public dutlcn 10
appear personally and urge that effect be
given TO the Law OF the land. II would
seem that their duties do not end with the
enactment OF statute. They must needs
follow II up into the executive branch aud see
to lis execution
What. SIC asked, Is the nature OF thla once
OF comptroller. what lls dutiea. powers. juriH.
deionI Can the comptroller question tho
validity Of an act Of congrras9 In he anything
more than an administrative or minlaterlal
oiilcerf Must he not execute the law as he
finds ~
III the comptroller OF the treasury may
refuse his sanction to the proper proceedngr
required to take this money from the treasury
after Its appropriation by congress. no ap.
preparation whatever f. safe
THE president, II seems must approve an
appropriation act as whole or veto 1t as
whole lie cannot by the constitution
approve certain Items uf an appropriation
bill and veto others which do not meet his
approval, But not so the comptroller Ilo Is
circumacrlbed by no such narrow limit, An
act Of congress approved by the president,
iR not a guidance for treasury officials IA
not a warrant for drawing the money from
tho treasury TN It's own peculiar test oi
the consttutonality II applied BY the comp
troller. These prctonalona Of tho oomptrol.
Ter deny utterly"
Tho acts Of congress, Mr.. blanchard ASSERT
cd constituted the comptroller an adminstra.
tive or ministerial officer. invested with no
judicial authority whatever, The most that
could be claimed for him was that he was
tons, The law heretofore referred To direota
the payment Of money to the sugar produce
cra upon the aAoerthinnent Of their claims In
the manner provided BY law, II u minis
terlai net 10 be performed. quasi judicial
functions may be exerriAed In deciding the
amount due upon the state OF facts presented
but once this Is decided every step lead
ing up TO the payment OF the money N a
purely mniaterlnl act.
MIR. blanchard then proceeded 10 examine
into the character Of the ONCE Of comptroller,
to sen what purpose II subGofyod In tho adj
mInlstratlon OF tile treasury department. and
he contendcd that the person holding II was
hut an accounting officer. Having. as he
said, shown that the comptroller was TO bo
considered miniaterinl oiflcer only. even
though he performed certain quasi judicial
functions the senator proceeded 20 Inquire
whether there was In the comptroller'a pro-
| Vince right to question tho validity OF the
| etatuta under consideration. After quoting
numerous authorities and citing decisions,
he asserted that the very utmost that the
executive branch could do in tina way Of In
! auiry into the cOnhtitutionnlity Of law
| was 10 ask the opinion Of the attorney gem
oral. But the act Of congress constituted a
| rile operative on the comptroller when II
was declared by the judicial power void. The
| question under consideration In this hearing,
| MIR blanchard pointed out, was only the sub
/ iect OF an Investigation by the 1nlfty-Bxth
| congress. when comptroller refused 10 exc
| cute the law OF that body. on that ooca-
| sion the conoluHlon reached by the senate
| committee that Investigated tho action OF the
| comptroller was that II was matter OF
| grave inquiry 10 know how far an execu-
| i've ministerial or subordinate oiilccr Of lhN
| government can be permitted to no behind the
| law or question the motives or aotioh Of
| congress 10 hnd excuses or reasons for Tho
| non.eXecution Of the law. II this be permitted
| without rebuke II would BE- fubrcrfiFc Of all
law" etc.
While sir. Blanchard was discussing tho
question OF the right OF tho president TO IN
| reference with the enforcement OF law
| enacted BY congress- Mr. Bowler asked him
whether he AR. Bowler had derived Ills
power from tho president or the statute
creating MS once. 10 which Mr., blanchard
replied that the president himself could not
revise the law The president he declared.
was without power 10 forbid the execution
Of a statute. It Is made his duty 10 execute
All laws, and " he must execute them. how
| Fan no or a subordinate OF his nullfy thom
nut replied Mr. Bowler. u take tbs
ground that II Law ia unconstitutional 4
il null and void"
Mr. BlAnchard-That is correct. After o
law has been declared unconstitutional By
Inc Ulited statea supreme court, but not
before the PRECEDENT and no on" undn'
him ean forbid the enactment OF law with
ami violating the constitution, II does mol
rest with you or any other executive oncei
10 originate an objection OF unconstitutional
~. ., 49,. ,n.o..,
lax law as an instance.
aThe income tax law" said Mr.. Bowler
.uas never constitutional
III was" replied Mr.. Henderson, unit
Il was declared by the United staten So
preme court not TO be -.
Mr.. Bowisrl should like 10 zee tho Az
th5rities for that statement.
Dir. planchard--we shall give them TO yo'