The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-08-11

Washington, Aug. 1o-The hearing
before the comptroller in regard TO the
constitutionality OF the sugar bounty
law, which has been in progress for the
past four days, was concluded today.
Hon. Thomas j. Semnier of New Or
leans was the only speaker. A decis-
ion has not yet been reached.
Mr.. Semmer said that the PROPOSE
tons outlined had not been laid down
by the attorney general in the test of
the validity of the Mckinley law and
defended them as correct.
Ar Senlmer quoted many precedentS
In Which congress had granted boun-
ties and made appropriations for pur-
poses other than those specifically
enumerated. He said congress had ex-
ercised this prerogative under the gen
eral warfare clause Of the constitution
and its right had never been questioned
until the district counrt of appeals de-
livered its recent opinion. He decided
this court to be only a territorial one
and not a constitutional court and ne
said in such matters as the bestowal
of bounties or other gratuities con-
gress was the keeper Of the conscience
OF the people. No court could properly
sit upon the disposition of the people
tina if congress had the power TO do
equity at all. the prerogative was one
which should not be limited except by
the people at the ballot box.
Mr.. Semmer held that the comptroll-
er had no jurisdiction to decide the
claim. He said the dockery law author
lied the auditor to construe a statute
but not to construe the constitution and
that the comptroller had only revisory
power over the auditor. To nullify
statute was not to construe No offic-
ial, not even the president, as Andrew
Johnson had discovered to his sorrow.
had any more right than an ordinary
citizen to disregard an act Of congress
on constitutional grounds. though he
had more opportunity. Only the judic-
larry could declare the law unconstitu-
tional, no executive officer had that
power. In matters OF appropriations
congress was supreme.
CASH FOR THE NEZ PERCES.
Special precautions have been taken
to prevent any trouble at the Nez Per-
ces reservation in Idaho at the date OF
the paying out to the Indians there Of
the 100000 appropriated for them by
the last congress. Usually when Ii is
known that sum Of money is to be
paid to Indians, a crowd gathers
around the reservation whose purpose
~ 10 " iOD dliO SWIuOie the lQQlanS.
For this reason troop Of cavalry has
been ordered to camp at the reserva-
ton during the payment and preserve
order. The commissioner of Indian af-
fairs has also instructed the agent not
TO pay out any of the checks until the
troops have arrived. The checks for
the money left Washington yesterday
and will not reach the reservation for
several days. The Indians will be
amply protected until they have cash
ed their checks and deposited the
money in the bank
YELLOW FEVER AND SMALLPOX.
Writing under date of Aug. 8, the
United States sanitary inspector at
Havana reports to the surgeon general
total of eighty-three deaths in that
city from yellow fever during July,
twenty-four OF which occurred the
last week. During this last week there
were eighty-five new cases. The dis
ease continues to increase there. The
surgeon general is also advised that
yellow fever is prevalent in nearly all
the cities of Importance on the Pacific
from Santa Ana, Salvador. to Acapul-
CO, Mexico. The latest reports from
Eagle Pass, Tex, are that out of 355 re-
turning negro colonists, quarantined
there, there are lis cases of smallpox.
Washington, Aug. 10.-No official
news was received over night or this
morning at the state department from
Cuba, nor have any additional instruc-
tons been sent to United States Min
lister DENLY. 1t is probable that the
matter will be investigated thoroughly
by Mr. Denby