Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-08-10
sIGaR-BOUNTy HEARING.
senator Cnncry on the Attitude GA
CompfroIicr Bowler.

COmptroIfcr EoVier.
WASHINGTON. u. C., August 9.-The
hearing TO convince Comptroller Bowler
that ne should pay the sugar bounty. as
authorized by the last Congress was
continued to-day. Senator Gallery. OF
Louisiana. taking the floor In opening
he said he understood Mr.. Bowler 10
maintain that the power to Say that
law is no law. because invalid for uncon-
stitutionality. was lodged in the executive
branch Of the government and that an
executive officer. by virtue Of his ofiica
and II the statutes. had the right 10
question the constituiionality Of the law.
Mr. Bowler remarked that the view was
substantially corr Ct
Senator Caffcry contended that judicial
power was lodged In the Judicial De-
partment alone. and that the law In
question was constitutional. Even con-
ceding the act TO be unconstitutional, the
power Of Congress to appropriate money
wac unlimited. especially when that body
attempted 10 repair wrong or injury
inflicted 10y itself The government, he
said. had been so conducted since its
foundation under the Constitution. and no
such claim as was now advanced by the
Comptroller had ever been made before.
Il was a suit between the executive and
legislative branches Of the government.
Any act Of the chief Of one Of the great
departments. or one of his subordinate
officers was the act of the departm nj
itself. and in this case we had the extra
ordinary spectacle presented OF an eXecu-
tive officer trying to thwart by consti-
tutiOnal doubt. the act Of the legislative
branch. The citizen and the citizen only,
he held. was armed with the power OF
questioning the constitutiona'ity Of an
act and IL must be tested in the judicial
branch OF the government. II could not
be. in the nature Of things. h. said. that
this extraordinary power was vested in
the executive branch Of tn government
Senator Caffcry spoke until / O'Clock,
when a recess was taken until O'Clock.
Resuming his remarks after lunch. SEN
ator Caffery said that Senator Henderson
had shown that for q long period of years
il had been the policy Of the government
20 grant bountios to stimulate trade and
commerce. Under the Constitution Con-
gress had the right TO regulate commerce
and TO legislate for its benefit. He he'd
that in granting the bounty in question
Congress had in contemplation the IN
crease Of the products Of the country.
and therefore the benefit Of commerce and
transportation. In this case Congress. IN
view of the Industrial depression. had
taken a wide comprehensive. and just
view OF the question.
During the late war. he said the gov
eminent had received shock, jar which
II was thought would throw the consttu-
tional car off the track. but after the
carnage was over all forces marched in
the way pointed out 10y the Constitution
i'm one direction. The Constitution had
returned to it's basis unmarried by the
dreadful conflict
The step contemplated by the Comp
troller said the Senator. was one Of fear
full responsibility If the executive and
judicial branches Of the government were
merged into one. we would have "a mo-
narchical form Of government. II the
trainers of the Constitution had thought
this possible, under the legislation as IT
stands. the instrument would have been
drawn differently. The evil consequences
which would flow from such a grant were
So dangerous that they had never thought
Of such thing
Mr. Bowler asked several question re-
garding decisions as to the constitutionali-
" Of law.
Senator Gallery. IN his answers held
that while minor courts could pass on
such matters. decision could only be
rendered 10y the Supreme Court of the
United States.
At the conclusion 81 Senator Caffery's
remarks an adjournment was taken un-
til tomorrow, when Judge Semmes Of
Louisiana, will be heard.