Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1895-09-06
NOT CONSTITUTIONAL,
The Bounty on Sugar So Declared BY
Comptroller Bowler.
Taxation Must Be Only For
q Public Purpose.
Court Of Claims May Now Pass judgment
Upon the Decision.

WASHINGTON, Sept. 9. = Comptrollcr
Bowler yesterday promulgated his deci-
sion In the celebrated sugar bounty ques-
tion. He holds that a. comptroller he has
jurisdiction to pass upon tho claims for
sugar bounties, and also holds that that
part OF the act OF congress making an ap-
preparation for the payment Of sugar
bounty claims Ia unconstitutional.
He, however directs that the papers In
the case be sent 10 the court OF claims for
the rendition of Judgment, In order that
there may be furnished "a precedent for
tho future action Of the executive depart
ment In the adjustment OF the class Of
cases involved In these sugar bounties."
The particular claim decided IL sub
stantially on the same footing as all other
sugar bounty claims, for the satisfaction
Of which congress, ut Its last session, ap-
propiated % 1885, $50.
The comptroller, In the course Of his
reply, said: Statutes which do not con-
form to the constitution are not law, and,
therefore, when q statute Is In apparent
conflict with the constitution 1t becomes
the duty Of the executive officer to deter
mine for himself, as between the statute
and the constitution, whether the statute
Is the law.
1t is true that the statute Is TO be con-
ddered prima facie constitutional, and
should be followed, unless 1t Is clearly un-
constitutional. 1t is also true that the
officer acts at his peril II he does not exc
cute o constitutional statute, but 1t Ia
none the less true that he acts at his peril
II he executes an
Unconstitutional Statute.
AS the comptroller does not act under
the directions OF the secretary Of the treas
ury or the president, his decisions within
the sphere Of his jurisdiction being final
and conclusive upon the executive branch
Of the government. It followed that the
power 10 resist the execution Of an uncon-
stitutionai statute was denied to an ex.
ecutive officer.
It was claimed that no executive officer
had the right to raise the point Of the un-
constitutionality Of statute. even In a
case In court, in order to finally determine
it's validity by the only branch OF the gov
ernment conceded to have the power to
settle such question. This contention can.
not he sound, as shown by the decisions
Of the supreme court OF the United States
and those of the state courts.
Applied to the question Of the payment
Of money from the treasury OF the United
States by an officer sworn to support the
constitution, he would be without power
to protect the treasury against unlawful
claims for the largest possible amount
That position cannot possibly be tenable
AS to the constitutionality OF the act,
the comptroller says, In part, that the
principle has long been decided that taxa
ton must be for public purpose; that an
attempt to take money from the people by
the forms of taxation for the purpose other
than public one is not an exercise of legis
lative power, and, therefore, that an at
tempt TO do SO is mere nullity, as an
effort by the legislature to exercise power
not granted by the constitution.