The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-08-10
SUGAR BOUNTY.
SENATOR CAF'FERY TALKED Al
TRE HEARING YESTERDAY.
Lays Down Several Propositions,
and Confines Himself to the Con-
stitutionaiity of the Law.

WASHINGTON, Aug. Ex-senator
Caffery took the floor when the sugar
bounty hearing was resumed today.
He began by eliciting from Mr.. Bowler
! a brief statement of his position. which
that gentleman said was based prin-
cipaly on the belief that the law was
unconstitutional. Mr.. Caffery then
made the following propositions as
containing in brief the points that he
would attempt to make:
First-That the judiciary power
lodges by express constitutional grant
in the judicial department and that
alone
Second-If any judicial function
lodges in any other department it must
be by express constitutional grant and
if it lodges in the executive department.
at all it must be in its chief alone, and
not in. his subordinates.
Third-Conceding for arguments
sake that the bounty law is not con-
stitutional, it is not so clear as to war
rant the Interpretation that 1t is I'M
constitutional even from a court, much
less from a ministerial officer. 1t is not
prima facie unconstitutional
Fourth-Even conceding the uncon-
stitutionality of the law, the power
lies in Congress to appropriate money,
especially where it is appropriated for
the purpose of repairing wrong or
injury inflicted by Congress itself.
He then proceeded to elaborate these
points in an argument devoted almost
exclusively to the conStitutiona1ty or
the bounty law.
Mr.. Bowler frequently, during Sena-
tor Caffery's remarks, minated that
the difficulty that he (Bowle) en-
countered was to find authority on the
part of Congress to re-enact legislation
which has been declared unconstitu-
tional and have it considered binding
on the executive officials, but MI
Caffery contended that the congress
sional powers were unlimited. Speak
ing of the uncertainty of such ques-
tions when every occupant of the
comptroller's Office enforces his own
opinion, he called Mr.. Bowler's atten-
ton to the fact that he was subject
to removal at the will of the presi-
dent.
If" he said. your views do not suit
him he can get a comptroller whose
views do suit.
IF the comptroller was given the
power which Mr.. Bowler was disposed
to claim, that Office would become of
no less judicial Importance than the
United States Supreme court"
Mr.. Caffery said that after the sugar
trust became convinced that duty
was 10 De placed on sugar II HdQ
ransacked all the corners of the globe
for sugar until. in July, 1894, they had
secured between 800 and 1000 million
pounds more of sugar in this country
than there had been the year before.
In consequence of this action the price
of sugar had been less under the adj
valorem tariff than when sugar was
free. He dealth upon the damage
which had been done to the sugar in
dustry which, he said, was trembling
in the balance. Large sugar planta-
tions could be bought for a song.
Mr.. Caffery referred to Mr.. Bowler's
intentions as proposed usurpation of
the executive, saying that such action
was more likely to destroy the consti-
tuition than rebellion itself. 1t was
blow more destructive than death,
sapping the vitals of the republic. 1t
was necessary that the various depart
ments should be maintained indepen-
dent of each other
You have" said he, Invaded the
judiciary and overthrown it. Let il
be understood that there is a power
concealed behind all these grants from
the people, and there is such a. thing
Stitutional control 1 therefore beg you
to pause on the threshold of this ac-
ton and weigh the dangers and re-
sponsibilities of the step that you are
about to take"
Mr.. Caffery consumed the entire day
with his arguments and as a conse-
quence the conclusion of the hearing
was continued until tomorrow.