The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-09-06

been made thereafter under the original
act. and IL cannot be contended that con-
gress could, by another act, continue the
unconstitutional provision because people
al their peril had relied upon the original
act as constitutional Such view would
involve the result that constitutional
prohibition against given expenditure
could always be evaded simply by pass
ing two acts, the hrst Unconstitutional,
the second valid because passed 10 COM
pensate the disappointment arising
from the consttutionality from the FIRST.
both accomplishing the same original pur-
pose OF paying out the peoples money
10 a beneficiary for purpose forbidden
by the organic law.
He closes as follows: Having reached
the conclusion that the present bounty
provision has no more constitutional va
iidlty than the original Mckinley boun>
~ had, Il follows that the same action
should be taken under the present APP
preparation as would be taken il the orig
inal bounty appropriation We're stll uu-
repealed and We're held Unconstitutional.
II the controller should pass the claims
the government would be absolutely con
cluded and the money Of the people be
taken from the treasury in payment OF
demands not authorized by iaw. n the
appropriation is in fact unconstitutional.
BY a refusal to pass the claim the ulti-
mate rights Of the claimants are IN no
way alAttlr4f Aof tnc9 nave a perfect REM
edy IN court 10 test the validity OF their.
claims and obtain payment thereof after
a hnal determination Of the constitution
ality OF the law, if il be held constitu-
tional
IF the controller had no other alterna-
tive than to pass or reject the claims for
the reasons above given his duty TO the
whole people who cannot bring their
rights into court would require him TO
reject them, leaving the claimants 10 their
recourse to the courts, but congress has
provided another means OF escape appar-
emily with the intention OF relieving an
officer who finds himself Obliged 10 diner
with the legislative branch Of the govern
ment or violate his oath to support the
constitution.
BY section 1853 OF the Revised Statutes
IL is provided that, Whenever any claim
is made against any executive depart
ment, involving disputed facts or con-
troverted questions OF law, where the
amount in controversy exceeds 5000 or
where the decision viii affect a class Of
cases or furnish a precedent for the
future action Of any executive department
in the adjustment of a class OF cases,
without regard TO the amount involved in
the particular case, or where any author
ity, right, privilege, or exemption Is claim
ed or denied under the constitution Of the
United states, the head OF such depart,
ment may cause such claim, with an the
vouchers, papers, proofs, and documents
pertaining thereto, 10 &c transmitted 70
the court of claims. and the same shall
be there proceeded IN as II originally COM
menced by the voluntary action OF the
claimant; and the secretary of the treas
ury may upon the certificate OF any aud
itor or controller Of the treasury, direct
any account, matter or claim. 81 the char
acter, amount or class described in this
section, 70 be transmitted with all the
vouchers, papers documents. and proofs
pertaining thereto. to the said court, for
trial and adjudication"
He holds that the present claim is clear
~ zone involving controYerted ques-
tion Of law, and comes directly within the
provisions of Section 1858, because the
authority. right and privilege is claimed
on the one hand and denied on the other,
under the constitution Of the United
States.
Therefore. under the provisions Of the
statute quoted, and with the statement
that either party can appeal from the de-
cisiOn of the court of claims TO the SUI
obtain a final decision, the controller
makes the following order:
THE papers in the present case will,
therefore. be returned to the auditor for
transmission by him, through the Secre-
tary Of the Treasury to the court of claims
under Section 1852, for the rendition of
judgment as required by the provision OF
Section 1904 of the Revised Statutes, in
order that there may be furnished "a pre-
cedent for the future action of the exec
utive department in the adjustment of the
class of cases." involved in these sugar
bounties."