The herald., 1895-08-10
He Maintains That BowIer's
Position Is an UsurpatiOn
"INvADED TIE JUDICIARY"
The Arguments in Behalf Of the
Bounties Reviewed
The Speaker Frequently Interrupted by the
Opposition With Observation-Disclosures
ing Resumed Tomorrow
Associated Press Special Wire.

Associated Press Special Wire.
WASHINGTON, Aug. 9.--Senator CAT.
fiery took the floor when the sugar bounty
hearing was resumed today. He began
by eliciting from Mr.. Bowler brief state
ment of his position, which that gentle-
man said was based principally on the be.
lief that the law was unconstitutional.
Mr.. Caffery then made the following
propositions as containing in brief the
points that he would attempt to make:
First--That tine judiciary power lodges
by express constitutional grant in the
judiciary department. and that alone.
Second-If any judicial function lodges
in any other Department. it must be by
express constitutional grant, and il it
lodges in the executive department at all
it must be in its chief alone, and not in
his subordinates.
d-Conceding for arguments sake
that the bounty law is not constitutional,
it is not so clear as to warrant the inter-
probation that it is unconstitutional even
from court. much less from a mIniste-
rial officer. 1t is not prIma facie uncon-
stitutional.
Fourth-Even conceding the uncpnsti.
tutionality Of the law, the power lies IN
congress to appropriate money. especially
where it is appropriated for the purpose
OF repairing a wrong or injury inflicted
by congress itself.
He then proceeded to elaborate these
points in an argument devoted almost
exclusively to the constitutionality of the
sugar bounty law.
Mr.. Bowler frequently, during Senator
Caffery's remarks, intimated that the
difficulty that.he (Bowler) encountered
was to find authority ON the part of con-
gress to re-snact legislation which has
been declared unconstitutional and have
it considered binding on the executive
officials. put Mr.. Caffrey contended that
the congressional powers were unlimited.
tions when every occupant OF the comp.
troller's Office examines his own opinion,
he called Mr.. Bowler's attention to the
fact that he was subject to removal at the
will OF the president.
"If," he said, ''your views do not suit
him. ne can get com ptroller whose views
III the comptroller was given the pow
sr which Mr.. Bowler was disposed to
claim, that Office would become of no
less judicial Importance than the Uniteu
States supreme court
Mr.. Caffery said that after the sugar
trust became convinced that q duty was
to ne placed on sugar, it had ransacked
all the corners of the globe for sugar un-
til in July. 1894. they had secured be-
tween eight hundred and one thousand
million pounds more of sugar in this
country than there had been the year be-
fore. In consequence of this action the
price Of sugar had been less under the
ad vaiorem tariff tnsn when sugar was
free. He dwelt upon the damage which
had been done to the sugar industry
which, he said. was trembling in the bal
ance. Large sugar plantations could be
boughtIfor song.
:, Mr.. Caffery referred to Mr.. Bowlers In
tentions as proposed usurpation of the
executive. saying that such action was
more likely to destroy the constitution
than rebellion itself. 1t was more de-
structive than death. sapping the vitals
OF the republic. 1t was necessary that the
various departmcn cnts should be maintained
independent of each other.
"You have, said be, Invaded the ju-
dietary and overthrow 1t. Let il be un-
derstood that there is power concealed
behind all these grants from the people,
and there is such thing as an end OF
government and of constitutional control.
] therefore beg You to pause on the
threshold OF this action, weigh the dan
gers and responsibilities Of the step that
you are about to take"
Mr.. Caffery consumed the entire day
with his argumets, and as consequence
tne conclusion of the hearing was con-
tinued until tomorrow.