The morning times., 1895-09-06
BOWLED OVER BY BOWLER
Declares the Sugar Bounty Ap-
preparation Unconstitutional.
PROTECTING THE PEOPLE
Directs That the Papers In the Case
Be Sent to the Court of Claims for
Precedent for Future Act ion.
Affects All other Claims.

r. b. Bowler, the Comptroller OF the
Treasury, late yesterday afternoon, as
/ stated in The Evening Times, rendered an
{ opinion on the now celebrated Oxnard
| sugar bounty claims He holds, in effect,
first that he, as comptroller has juris-
| diction OF the case, and, second, that in his
opinion the act OF March 2, 1895, making
| the sugar bounty appropriation is uncon-
| stitutional.
He, however, directs that the papers in
| the case be sent TO the Court of Claims,
under section 1868, for the rendition of a
| Judgment, in order that there may be fur
nished "a precedent for the future action
Of the executive department in the ADJUST
ment of the class Of cases involved in these
| sugar bounties"
The particular claim decided yesterday
| Is substantially on the same footing AS all
other sugar bounty claims, for the salts
| faction Of which Congress, at its last
session, appropriated So, 23S, ,289.
| The Comptroller answers at great length
| the arguments presented by counsel al the
| hearing, in which his jurisdiction in the
| premises was attacked, and IN the course
! OF his reply he says statutes which do not
| conform 10 the Constitution are not law
| and therefore when a statute is in appar-
| ent conflict with the Constitution IL be-
| comes the duty OF the executive officer TO
| determine for himself as between the
statute and the Constitution whether the
! statute is the law.
ACTS AT HIS PERIL.
| trup fbut no SflrIItp is IN no |pu-
sidered prima facie constitutional and
should be followed unless it is clearly
unconstitutional. 1t is also true that the
officer acts at his peril il he does not
execute a constitutional statute, but it is
none the less true that he acts ii his peril
If he executes an unconstitutional statute.
AS the comptroller does not act uuder
the directions Of the Secretary OF the
! Treasury 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 tie power to resist the execution of
an unconstitutional statute was Genied
TO any executive officer whatever.
1t was claimed that no executive officer
had the right to raise the point of the
uncomsttutionality OF a statute even in
q AtlSt III IDuIl' III bItitl " IiIdAl LtttI-
mine It's validity by the only branch OF
the governmeut conceded TO have the
power 10 settle such question. This con
tention cannot be sound, as shown by the
decisions of the Supreme Court Of the
United States aud those of the State
courts.
Applied TO the question Of the payment
of money from the Treasury OF The United
Hv IN ptf IN no
Constitution, he would be without power
to protect the Treasury against such IN
lawful claims for the largest possible
amount. That position cannot possibly be
teEahie.
As to the constitutionality of the act, the
Comptroller says in part that The principle
has long been decided that taxation must be
for public purpose; that an attepnt to take
money from the people by the forms of
taxation for purpose other Than a public
one, is not an exercise OF legislative power,
and, therefore, that an attempt to do so is
mere nullity as an effort 10y the legisla-
ture To exercise power not granted by the
Constitution.
COUNSEL WERE SILENT
While this principle was not controverted
by the counsel OF the sugar claimants it was
contended that this bounty could be sus-
tanned under section OF the Constitution,
which is is follows:
The Congress shall have power to lay
and collect taxes, duties, iniposts and eX-
cises, to pay the debts and provide for
the common defense and general welfare
of the United States"
Whatever may be the correct view OF this
clause, it cannot confer a broader power
upon Congress than a similar lause
would confer upon a State legislature;
nor greater power than which a State
legislature would have under a Consti-
tuition containing no prohibition the Leg
iSlative power The constitutions OF
Maine and Massachusetts both contain
clauses similar to this clause of the Fed
eral Constitution, and in cases decided by
the courts OF those States as well as States
having general legislative power, it has
been held that bounties similar TO the
sugar bounties caInot be sustained as 4
proper exercise Of the taxing power for
a public purpose.
Manufacturing establishments have been
uniformly treated as private rather than
public enterprises. Numerous decisions
are cited tending 10 show that factories
of all kinds, saw mills, rolling mills, etc,
are private, and are in no sense public
enterprises
The only cases cited as appa rently justi-
| fying bounties of character similar 10
the sugar boulities, were the Michigan
salt cases, but the constitutionality OF the
Michigan statute was never passed upon
by the supreme court of Michigan or of
the United States
If the comptroller should pass the
claims the case of the govern
ment would be s'.bsolutely conclud-
ed and the money of the people be
taken from the treasury in payment OF de
mands not authorized by law, if the ap-
preparation is, in fact, unconstitutional
BY a refusal TO pass the claims the ultimate
rights of the claimants are in no way af-
fected, for they have perfect remedy il
court TO test the validity OF their claims and
payment thereof after a final determine
tion of the constitutionality OF the law,
if it be held constitutional.
If the comptroller had no other alterna-
tive than TO pass or reject the claims, for
the reasons above given, his duty to the
whole people who cannot bring their rights
into court would require him TO reject
them.
The comptroller then quotes section 1908
OF the revised statutes authorizing the ref
ercnce of claims involving controverted
questions of law, to the court of claims for
a precedent for future action Of the Ex-
| ecutive Department of the government. He
avails himself of this provision and directs
that the case be sent to the court OF claims.
o