The herald., 1895-08-09
BLANCHARD ON THE BOUNTY
He Discusses the Subject Ex-
haustiyeIy
COMPTROLLER NO OPTION
His Failure to Pay the Bounty Is Official
Malfeasance
Powers and Duties Of That Officer DISCUSS ed
at LengtlI---1anv Citations
rsde
Associated Press snecial Wire.


was present. Among them were many
prominent men. Senator Blanchard be-
gan today's proceedings, speaking from
carefully prepared manuscript.
Senator Blanchard of Louisiana said
that he and the gentlemen associated
with him would present the matter under
three different heads. They woulu con-
tend, first, that the comptroller OF the cur
rency is without authority to question
the validity of an act OF congress; second.
thas the appropriation called in question
is of constitutional warrant; third, that
if 1t be not constitutional, strong equities
existed iustifying congress in making the
appropriation and that congress has
equitable jurisdiction. The senator said
he would address himself more particu
larly to the first contention. The claim
In question, that of the Oxnard company
of Nebraska, was passed upon by the
auditor of the treasury and allowed. He
certified the amount due to the com ptrol-
Ter of the treasury and that official, who
is also required by law 10 pass upon it,
appearing to have doubts as TO his duty in
the premises, suspended the claim.
"The doubts of the comptroller arise, as
l understand it" said the senator, ION
the constitutionality Of the law. The
act of congress is precise, plain, clear and
mandatory.
''The attitude of the com ptroller is one
of apparent resistance to the execution
of an act of congress. Questions of grave
and serious Importance arise. An extra
ordinary spectacle Is here presented.
Three gentlemen, who as senator's of the
United States actively participated In the
passage OF the bounty appropriation
through the senate. and two members of
the house OF representatives who did the
same III that body, are present at this
hearing. and for what purpose? To pre-
sent before subordinate official OF the
treasury department. reasons why he
should execute the law OF congress. Upon
what degenerate times have we fallen,
that high legislative officers of the gov
ernment feel compelled in the discharge
OF their public duties, to appear personally
and urge that effect be given to law of
the land. 1t would seem that their duties
do not end with the enactment of a
statute. They must needs follow it up
into the executive branch and see it's exc
cution.
what is the nature Of this office Of
comptroller? What are its duties, powers.
jurisdiction? Can the comptroller ques-
tion the validity of an act of congress? Is
he anything N ore than administrative or
ministerial Off Ger? Must he not execute
the law as he finds it? If the comptroller
of the treasury may refuse his sanction to
the proper proceedings required to take
this money from the treasury after it's ap-
preparation by congress no appropriation
whatever is safe.
1.-THE president, it seems, must approve
an appropriation act as a whole or veto 1t
as whole. He cannot by the constitution
approve certain items of appropriation IN
the bill and veto what does not meet his
approval. but not so the com ptroller. He
is circumscribed by no such narrow
limit"
An act of congr ',said the senator. ap-
proved by the president. is not guidance
for the treasury officials; is not a warrant
for drawing money fiom the treasury un-
til his own peculiar test OF the consttu-
tionality is applied to it by the com ptol-
ler. These pretensions of the comptroller.
as Senator Blanchard called them, ne de-
med utterly.
The act OF congress. Mr.. Blanchad as
serted, constitutes the comptroller an ad-
ministrative or ministerial officer in
vested with no judicial duty Whatever.
The most that could be claimed for him
was that he was a ministerial officer
with quasi judicial functions.
The law heretofore referred to directs
the payment of money to the sugar pro-
duoers upon the ascertainment OF their
claims in the manner provided by the
law, it is ministerial act to be per-
formed. Quasi judicial functions may be
exercised in deciding the amount due
upon the state of facts presented, but
to the payment of the money is purely
Ii Mr.. blanchard then proceeded to ex-
mine into the character of the office of
com ptroller to SEQ what purpose it sub
served in the administration of the treas
ury department and he contended that
the person holding it was bat an account
ing 1fficer. Having, as he said shown
that the comptroller was to be considered
a ministerial officer alone, although he
performed certain quasi judicial func-
lions, the senator proceeded to inquire
whether it was within the comptroller's S
proyince to question the validity of the
statute under consideration. After uot-
ing numerous authorities and citing de-
cisions he asserted that the very utmost
that the executive branch could do in the
WAY of inquiry into the constitutiOnality
of a law was to ask the opinion OF the at
torYev-general. But the act of congress
constituted a rule operative on the com D.
troller until it was declared by the judi
cial power void.
this hearing. MIR. Blanchard pointed ont,
was once the subject of an investigation
by the Thrty-sixth congress. when a
com ptroller refused to execute a law of
that body.
On that occasion the conclusion reached
by the senate committee that Investigated
the action OF the comptrollef was th2t 1t
was a matter of very grave inquiry" to
know how far an executive, ministerial or
subordinate officer of the government can
be permitted to go behind the law, or
question the motives or actions OF con-
gress to find excuses or reasons ior the
non execution of the law. If this be per-
mitted without rebuke it would be sub
versive of all law.
While Mr.. Blanchard was discussing
the question OF the ight of the president
TO interfere with the enforcement OF a
law enacted by congress, Mr.. Bowl =
asked him whether he lBowler) deriS @ 1
his power from the president or The
statute creating his Office, to which Mr.
Blanchard replied that the president him-
self could not revise tho law. Ihe presl-
dent,, he declared. was without power to
forbid the execution of statute. 1t is
made his duty to execute all laws and
if he must execute them how can he, or
IA subordinate of his. nullify them?
But" replied Mr.. Bowler, 81 take the
ground that if Il law is unconstitutional
it is null and void.
Mr.. Blanchard-That is correct. after