Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-27
THE SUGAR BOUNTY CASES
What Senator Oafery Says of Controller
Bowler's Position in the Matter.
1t Is Serious for the Planters Pre-
pairing for the Coming Hear
ing at the Treasury.


Louisiana to appear before Controller Bow
Ter on behalf of the sugar bounty cases
which have been held up are very much
concerned over the outcome of their visit,
and are not inclined to be oversanguine
that the controller will reverse his decision,
which will result in having the entire
amount of the sugar bounty. over s., 900. 900,
held up on the ground that the appropria-
ton was unconstitutional
This Is really a very serious matter"
said Senator Caffery to a Star reporter to-
day. Controller Bowler is a very con-
scientious man, and he believes that he
has the right to hold up an account be-
cause in his judgment the law which
authorized 1t is unconstitutional
Has Looked Up Authorities.
'I have looked carefully over Storey and
Kent to see If 1 was not mistaken about
what these great authorities say on the
judicial powers of the government. have
found that such judicial power was lodged
in supreme court and certain inferior
courts within it, Jurisdiction throughout
the country. But in spite of this, Control
Ter Bowler has discovered what cannot
find in either of these great legal authori-
ties. He has discovered another supreme
court in the Treasury Department, and he
presides over it. This court has the power.
Congress unconstitutional, and from its
decision there is absolutely no appeal The
entire action of Congress might be nullitied
by Controller Bowler in all instances in
which appropriations are carried. The
sugar bounty is not the only inter that
may suffer. Congress appropriated 100000
for the Atlanta exposition. 1t appropriate ed
as subsidy to certain steamship lines, and
Mr.. Bowler may adjudge both of these ap-
propriatfonS to be unconstitutional
The Serious Part of the Matter.
"The most serious part of this whole mat
ter is that Mr.. Bowler has the power to 10
what he is doing. 1t is provided by the
statutes that the controller shall have au-
thority to pass u',on any and all accounts,
and from his decision there is no appeal
The Secretary Of the Treasury could not
reverse Mr.. Bowler's decision. In the case
of these sugar bounties Congress passed
the law, and the President. who is sworn
to defend the Constitution, approved 1t. To
cur amazement and surprise, Bowler has
discovered this supreme court III the
Treasury Department, and is conscien-
tiously of the opinion that 1t is his duty
to pass upon the constitutionahty of the
acts of Congress. This is the first time
controller of the treasury has ever asserted
his authority to turn down an account be-
cause the law authorizing it was not con-
sttutional, and this action has been re-
served for Mr. Bowler"
Prepa ring for the Hearing.
Controller Bowler is diligently preparing
for the hearing that is to be given on the
1th instant to the Louisiana delegation on
the question Of the sugar bounty A corps
Of clerks are now busily engaged in hunt
Ing up opinions of attorneys general and
precedents to back up Mr.. Bowlers position
on the sugar bounty cases. 1t Is expected
that when the hearing comes off there will
be mass of such evidence and it is un-
derstood that the controller has no inten-
ton to back down from his position.
Representative Price of Louisiana arrived
in this city today from his Tennessee plan
tation, where he has spent most of his
time since the adjournment of Congress.
He came here as member Of the Louis
lana delegation, and will remain over until
after the hearing before Controller Bowler.
Put Up as Collateral.
There is a phase Of the sugar bounty
question that is not generally given the
weight it deserves among people outside
the ranks of those who are recipients of
the bounty" said Senator Blanchard to
Star reporter today. Planters depending
on the word of the government as express
ed by Congress, have put up their sugar
bounty certificates as collateral for loans,
and these certificates are now in the hands
of innocent parties. The banks have ac-
cepted them and the greatest injustice is
now being done by the holding back of the
payments. 1 believe Controller Bowler is
acting conscientiously in holding up these
accounts, and he is a capable officer of the
government, but he Certainly steps out of
his realm when he undertakes to declare
an act of Congress constitutional. That
power is placed in the Supreme Court. In
the case of the income tax law 1t was not
the government that raised the question of
constitutionality, but a citizen."-