The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-08-09
HAS IT AWFUL BAD
CASE OF DEMOCRATIC ADMINISTRA-
TON BIGHEAD.

1IUN blGdhAU.
Comptroller Bowler Can't for the Life o,
Him See Why He Shan't Throw thu
Burden of Proof onto the Law and Make
| 1t Show Up with its Constitutionality II
1t Wants to be Executed-Counsel Labor
| Ollie University-News from the National
Capital
| Washington, Aug. 8.-While Senate,
| Blanchard before Comptroller Bowler
today was discussing the right of the
/ president to interfere with the enforce
ment OF law enacted by congress. Mr.
| Bowler asked him whether he Bowler)
| derived his power from the president OF
the statute creating his office, to which
, Mr.. Blanchard replied that the presi.
dent himself could not revise the law
The president, he declared, was with
out power to forbid the execution of a
statute. 1t is made his duty to exc
cute all laws and if he must execute
them, how can he, or a subordinate OF
| his, nullify them.
But" replied Mr.. Bowler, 81 take
| the ground that if a law is unconsti-
tutional, it is null and void
Mr.. Blanchard-''That is correct, az
ter law has been declared unconstitu-
tional by the United States supreme
| court, but not before. The president
and no one under him can forbid the
execution os law on the supposition
| of unconstitutionality. without him
self violating the constitution. 1t does
not rest with you. or any other exc
| cutive officer to originate an objection
| Of unconstitutionality'
Senator Henderson suggested the
! income tax law as an instance.
THE income tax law" said Mr.. Bow
Ter, was never constitutional.
1T was" declared Mr. Henderson,
until it was declared by the United
States supreme court not to be So"
ASKS FOR AUTHORITY.
Mr.. Bowler-'I should like to see the
authority for that statement"
Mr.. Blanchard-"We shall give them
to you in great abundance before we
conclude this argument"
Mr. Blanchard took issue with Mr..
Bowler, holding that the comptroller
powers were only administrative and in
no respect judicial.
YOU" he exclaimed to Mr.. Bowler,
ARE mere creature of the law; there
is nothing constitutional about you"
He called attention to the fact that in
making up the position he had taken,
Mr.. Bowler, a creature of the Fifty
third congress, had set himself to ques-
ton the validity Of another law of the
same congress; he could just as con-
sistently question the validity of the
law creating his Office, and thus pre-
sent to the world the absurd spectacle
of a government official ecapitating
himself. Furthermore IL Mr.. Bowler
had the power to question a law and
refuse to execute it, any other official
of the government down to the mes
sengers of the departments, all hav-
ing taken the same oath, would have
the same right to refuse TO perform
any duty in execution of a law, because
they, forsooth, migth come to the con-
clusion that the law was not in accord
with the provisions Of the constitu-
ton.
ON THEIR PRAYER BONES.
1t was. Mr.. Blanchard contended, a
remarkable spectacle that three sena-
tors and two representatives who had
aided in creating a law should have to
appear before a subordinate executive
official, and appeal for the execution
of that law. The time had been, he
said, when this was not necessary and
when the officials of the executive de-
partment had considered it their duty
to execute the laws.
During the afternoon session Mr..
Bowler took occasion to diSclaim that
he was representing Secretary Car
Isle in the position he had taken in the
matter of the payment of the sugar
bounty. He said he had made an eff
fort only to construe the law as 1t bore
upon his office.
Mr. Blanchard said it was an open
secret that both President Cleveland
and Secretary Carlisle had favored the
provision for the payment of the sugar
bounty when the claim was before con-
gress. He did not therefore believe
for moment that either the president
or the secretary would permit the law
TO be set aside by the comptroller.
Mr.. Blanchard closed at 4:45 o'clock
after speaking for more than five hours
The hearing will be resumed and it is
believed concluded tomorrow. Senator
Caffery and Judge Thomas ]. Semmes
are yet to be heard on the question.
CATHOLIC UNIVERSITY.
Father Corby, the head in this coun-
try of the Order Of the Holy Cross,
whose chief establishment is the uni
versity of Notre Dame, Ind, and DR..
Zahm, director general of studies for
all the colleges of the order, were in
Washington this week for the purpose
of arranging the connection with the
Catholic university in this city. The
young candidates for the order of the
Holy Cross who are to be the future
professors in their colleges in the Unit
ed States and Canada will be trained
here and will follow the course of the
divinity and science faculties. They
will be located in the neighborhood of
the university while living in buildings
of their own, by the first of September
This is the third religious order that
has settled around the university. the
two first being the Paulists and the
Marists. This latter acquisition from
the renowned university of Notre Dame
is an Acknowledgement of the high
standing of the Catholic university of
Washington and assures the coming in
the future of the ScholaStics of all the
religious orders Of the country. The
movement is in accord with the wishes
OF Leo NIII.
POSTAL RECEIPTS.
Washington, Aug. S.-Reports 10 the
postoffice department for the three
months ending August l, show that the
total receipts at the twenty largest
poStoffices in the country were s.794.-
000 an increase of s499 coo over she cor
quarter in 1894
San Francisco and Washington show
the only decreases in receipts. due at
the latter place to large sales OF Col
umhian stamps last year. Receipts at
New York aggregate s.. 525 600. an in
crease OF SIG. 900. and a Chicago sI.I37,-
600. an increase of s133,oo0.
Washington. Aug. s.-PoStmaster
General Wilson left the city today for
a few days ar Long Branch. Third as
sistant Craig is now acting as post
master general. the first. second and
fourth assistants being absent on va
cations.
a medal has been awarded 10 John s