The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1895-08-16


Senator Blanchard. FOR the cane suga'
producers 81 Louisiana. addressed tn.
comptroller. under three genera
heads:
! First-That the comptroller Of the
I treasury Is without authority to ques
+, tion the validity OF an act Of congress
Second-That the appropriation
called in question is of constitutional
warrant.
Thrce-Tha. IL it he not constitu.
tional. strong equities exist. justifying
congress in making the appropriation
and that congress has equitable juris.
diction
Nr. blanchard addressed himsel
more particularly to the first of these
propositions. touching only in gem
eral way upon the other two. leaving
IL TO his associates to amplify the argu-
ment upon them.
The attitude OF the comptroller is
one OF apparent resistance to the
orderly execution OF an act of congress,
he said
An extraordinary spectacle Is here
presented. Three gentlemen who. as
senator's Of the United States, actively
.patei in the passage of the boun-
u appropriation through the senate.
two members OF the house of repre-
sentatives who did the same in that
body, are present at this hearing.
And for what purpose? To present
before 4 subordinate official OF the
should execute the law OF congress
Upon what degenerate times have we
fallen that high executive officers of
the government feel compelled. in the
discharge Of their public duties. to
appear personally and urge that effect
be given TO law of the land Ii
would seem tina, their duties do not
end with the enactment of a statute.
They must follow il up into the execu-
tive branch and see to its proper ex-
ecltion.
What IS the nature of this Office OF
comptroller? What are its duties.
powers. jurisdiction? Can he organize
himself into court to try the question
of constitutionality. decide against the
constitutionalitv Of the act. and thus
set il aside as being in his opinion no
law at all?
Is not an act OF congress a rule of
conduct for him TO follow ia the dis
charge Of his duties until 1t Is judicial
ly declared BY proper tribunal to
be unconstitutional? The answer
TO these questions is of the
x~~ nd
involves a consideration Of high and
heretofore-undehn fined powers claimed
a belonging To public officers in with
holding action In cases where specific
duties are imposed on them by posi-
tive statute IL involves a considera-
ton Of the extent of Legislative power.
and .. the means by which that au-
thcri,y may be enforced. 1t involves
the expunging of an act of congress
from the statute book.
II there be in the treasury depart
ment a subordinate Legislative officer
with powers 50 supreme as TO set aside
at Will an act Of congress, il j. time for
il 10 become generally known. for its
consequences are far-rcachiDg indeed.
The constitution provides but one
source Of veto powcr-ihat OF the
chief executive l. il possible that
another source Of vcto power has lain
dormant al these years. to spring into
life and activity just at this moment
in the official personality Of the comp
troller Of the treasury
The president. il seems. must ap-
prove an appropriation act as a whole
or veto IL a. whole. lie can not, by
the constitution. approve certain items
OF appropriation in the bin and veto
Others which do not meet his approval.
Not SO the comptroller. These pretcn-
sions If the comptroller deny utterly.
They must be rcpudiated by all sound
opinion.
An act Of congress, approved by the
president, properly authenticated and
reaching the comptroller through the
proper channels. must be regarded By
him a "A law. Because the compsrol-
Ter takes an oath to support the con-
stitution. gives him no authority tn
question the constitutionality OF an
a., ~ congress. that power rests " tn
another branch oithe government
Senator blanchard devoted himself
Tor the remainder Of his time to a
presentation ~ legal propositions and
authorities bearing upon the case,
and. in conclusion said: The prin-
ciple Of bDunties was not at all in
volved in this appropriation bill.
That was In the Mckinley act. Con-
gress made the present appropriation
because ~ strong equities existing ia
favor % the producers 81 sugar in con-
sequence 81 q governmental policy-a
change which came upon them sud-
denly and produced great disaster II
waS right and proper for congress to
81 this. because it was but strictly in
line with justice.
That congress has full power to do
Justice by citizens Of the republic. that
il has equitable Jurisdiction 10 pre-
vent tho lesroIlng Of its citizens, mono
will have the Gardihood TO deny.