The times. [volume] (Richmond, Va.) 1890-1903, 1895-09-06
pose forbidden by the organic law"

pose forbidden Dy thc ois'"'~
He closes as follows: -,
the present bounty provision has no
more constitutional value than the origi-
nal Mckinley bounty had, II follows 'ha1
the same action should be taken uhucr
the present appropriation as would De
taken II the original bounty appropriation
we're still unrepealod and were heid uH-
constitutional.
ULTIMATE RIGHTS OF CLAIMANTS UNAFFECTED
"If the Controller should pass the
claims the government would he aOso-
Itelv concluded. and the money taken
from the treasury In payment OF demanus
not authorized by law II the approprla-
lion is. in fact, unconstitutional. 10y
refusal To pass the claims the ultimate
rights of the claimants are In no way
affected, for they have perfect renieus
in court TO test the validity or thelr
claims and obtain payment there after
final determination OF the constitutional
~ of the law If IL be held constitutional
III the Controller had no other alteina-
tive than TO pass or reject the claims for
,bs reasons above given his duty 10 the
whole people who cannot bring their
rights in court would require him- TO
reject them. leaving the claimants TO
their recourse to the courts; but Con-
,ress however, provided another means
OF escape. apparently with the intention
OF relieving an officer VINO hnds hiHseii
of..red 10 differ with the executive
branch of the government or violate DIS
oath 10 support the Constitution.
"Bv Section 1865 Of the Revised stat
utes. It is provided that whenever any
claim is made on any executive depart
ment. involving disputed iacts or CON
troversed questions OF law where the
amount IN controversy eAccecs three
thousand dollars, or where the decision
viii affect a class Of cases. or furnish
a prec.dent for the future action Of
any executive department in the adjust
neut Of a class OF cases, without regard
TO the amount involved I'M the particu-
lar case. or where any authority. right
privilege. or exemption, is dalmed or de-
MED under the Constitution bt the United
States. the head Of such department may
cause such claim. with all the vouchers
napors. proofs. and documents pertain
inc thereto 20 be transmitted 10 the
Court OF Claims. and the same SHAH be
proceeded IN as II originally commenced
bv the voluntary action OF the claimant
4, nd the Secretary OF the Treasury may,
upon the certificate Of any alritor or
controller Of the Treasury. direct any
account. matter, OF tidiH "i tttN Sttt't
,e~ arnount and class described in this
section. 10 be transmitted with all the
vouchers. papers. documents, and proofs
pertaining thereto. 20 the SAID court lor
trial and adjudication"
cAS APPEAL TO THE suPEEME COURT.
He holds that the present claim Is
clearly zone involving a controVersed
question OF law. and comes directly WIN
i'm the provision Of Section ieS 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 ol the
statute quoted. and with the statement
mat either party can appeal from the
decision OF the Court Of Claims 10 the
Supreme Court Of the United States, ana
then obtain a final decision, the Con-
troller makes the following order;
1.-THE papers in the present case Will
therefore. be returned TO the Auditor
Tor transmission by him, through the
Secretary Of the Treasury TO the Court
of Claims. under Section 1863, for the
rendition Of a judgment, as required ny
the provision Of Section 1854 of the Re-
vised Statutes. in order that there may
he furnished a precedent for the future
action OF dhe) executive department IN
CtheD class Of cases involved IN these
sucar-bounty cases.