The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1895-08-09
THE SUGAR BOUNTY QUESTION.
Argument Continued Before
Comptroller Bowler.
senator blanchard Makes Some Strong
Points Against the Alleged Usurpa.
tion-The Comptroller Has No Right
to Question the Validity of An Act of
Congress Strong Equities Justify the
Appropriation.

ment on the sugar bounty question be-
fore Comptroller Bowler was resumed In
the Office rooms of the latter this morn
Ing. Another large, interested crowd
was present, among them many prom.
inent men in public affairs. Senator
blanchard began the days proceedings,
speaking from carefully prepared
manuscript.
In substance he said that he and the
gentlemen associated with him would
present the argument under the three
general heads. They would contend,
first, tho comptroller Of the Treasury ia
wishout authority to question the va
lidity OF an act OF Congress; second, that
tho appropriation is question OF con-
| stitutionsl warrant; third, that II 1t be
not constitutional, strong equities
existed jusGfying Congress in making
the appropriation, and that Congress has
equitable jurisdiction.
The Senator said he would addr ess
himself more particularly to the first
contention, touching only in q general
way upon The other two, leaving IL to
his associates to apply the argument
upon them. He briefly referred to the
sugar bounty legislation Of the McKin-
ley and Wilson tariff acts. and quoted
the provision of the latter act, requiring
the bounty authorized to be paid upon
the presentation OF such proof Of manu-
facture and proiuc zion as shall be re-
CURED in each case by the com m issioner
OF internal revenue.
The comptroller, he urged Is simply
ministerial officer. He cannot question
the validity of an oct of Congress. He
must execute the law as he finds 1t. Mr..
Blanchard coutended that the person
| holding the Office of comptroller was but
an accounting officer. The Senator
asked: "If the President is powerless
to forbid the execution CT an act OF Con.
gress, how Is it possible for enc OF his
subordinate executive officers to do so?"
While Mr.. Blanchard WAS discussing
the question of the right OF the Presi-
dent TO interfere with the enforcement
OF law enacted by Congress. Mr. Bow
Ter asked him whether he (Mr. Bowler)
derived his power from the President or
the statute creating his office. to which
mr.. blanchard replied that the Presi-
| dent himself could not revise the law.
The President, he declared was without
power to forbid the execution of a
statute. It Is made his duty to execute
all laws and II he must execute them,
how can he or subordinate of his null
lily shem -?
But" replied Mr.. Bowler. II take the
ground that II law is unconstitutional
IL Is null and void" Mr.. Blanchard
"That is correct after a law has been
declared constitu tional by the United
States Supreme Court but not before.
The President and no one under him
can forbid the execution of law on she
supposition Of unconstitu ionalisy with
out himself violating the cons,itu ton.
It does not rest with you or any other
executive officer to originate IN objec-
ton OF unconsti.ntionality."
Senator Henderson suggested the in
come tax law IS an instance. The in
come tax law" said MIR. Bowler, WAS
never constitutional" at was sup
ported" Mr. Henderson said, until it
was declared by the Uunited States Su-
preme Court not to be So"
Mr.. Bowler-"I should like to see the
authorities for that statement" Mr,
Blanchard-"We shall give them to
you In great abundance before we con.
clude this argument"
Mr.. Blanchard took issue with Mr..
Henderson that the comptroller's
powers were only administrative and in
no respect judicial. You" he ex-
claimed TO Mr.. Bowler, "are q mere
creature of the law; there Is nothing
constitutional about you" 1t was, Mr..
Blanchard commended, remarkable
spectacle that three Senators .and two
Representatives. who had aided in Great
ing law should have to appear before
gu bordinate executive official and sp-
peal Tor the execution OF that l.w.
The time had been, he said, when this
was not necessary, and when the off,
Gals or the executive department had
considered It their only duty TO execute
the law.
During the afternoon session Comp
troller Bowler took occasion TO disclaim
that he was representing Secretary Car
Isle in the position he had taken In the
matter OF she payment OF the sugar
bounty. He said he had u ado an effor.
only to construe the law IS It bore upon
his office. Mr.. Blanchard said that il
was an open secret that both President
Cleveland and Secretary Carlisle had
favored the provision for the payment
OF the bounty when the claim was be-
fore Congress. He did not, therefore,
believe for 8 moment that either the
President or the Secretary would per-
NIT the law to be set sside by the comp
troller.
Mr.. Blanchard closed at 4:45, after
opoaking for more than five hours. The
hearing will be resumed and, IL Is be.
lieved, concluded tomorrow. Senator
Gallery and Judge Thomas j. Semmes
are yet to be heard on the question.
Fatal Eud of Feud.
ELLIsToN, Ky, August s.-Druggist
r A. Dickerson was fatally shot by DR..
Elliston, OF New Castle county. Dr..
Elliston WAS called by Telegram to
this place where his father WAS dvinp