The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-05-28
L. S. SUPREME COURT REVERSED
THE DECISION OF COMP
TROLLER BOWLER
IN The TWO SUGAR BOUNTY CASES
Opinion of the Court Was Unanimous
The Amount Required to Make the
Payments Is About 100000.
Other Decisions Rendered.

Washington. May 25.-The supreme
court today sustained the validity of the
appropriations to carry out the sugar
bounty of the Mckinley and Wilson tar
iff acts by unanimous opinion, affirming
the decision of the circuit cOurf for the
Eastern district of Louisiana and re-
versing the decision of Comptroller
Bowler, who refused to permit the pay
ment on the bounties on the ground that
the act was unconstitutional
The cases involved were those of the
United States, plaintiff in error, VS.. the
Realty company and Andrew II. Gay,
respectively. The opinion of the court
was delivered by Justice Peckham.
Both were test cases. The Realty com
pany was one of Il class coming under
the terms of appropriations to those who
had manufactured Il certain class OF
sugar previous to the 2Sth day of August,
1894. and upon which no bounty had
been previously paid The repeal of the
bounty clause in the act of 1890 by, the
act which took effect on the 18th of
August, 1894, and which prohibited the
payment of bounties thereafter, prevent
ing the company from obtaining the
money and the warrant which had been
issued to it prior to that date. There
were comparatively few persons coming
under the class in which. the company
stood and the appropriations made for
the payment of that class was Il little
less than $4,000
The plaintiff in the other suit, Mr.. Gay,
is one of n class coming under the sec
ond portion of the act of 1S0o, he beng
one of those who complied with the
bounty act as contained in schedule "E
of the act of October |, 1890. by filing
notice of application for the bounty ana
who would have been entitled to receive
as provided for in said act. Il bounty of
SO of cent per pound on the sugars
actullay manufactured by him during
the period commencing August Is, 1S94,
and ending July 30, 1890.
The amount of bounty claimed by Gay
is between $4,000 and $4,000 The per-
sons forming this class are numerous
sdIfd the appropriation for them amounted
to S5.OOO,OOO.
action largely on Il decision by the court
of appeals of the District of Columbia
that the sugar bounty clause of the Me
Kinlcy act was unconstitutional. Inc
supreme court in its opinion held that
for the purposes of the cases it was nee
assarv to decide whether such legislation
is beyond the power of congress, but that
in either case the appropriations of money
in the act of 1895 to manufacturers and
PRODUCERS of sugar who had complled
with the act of 1890 were in the power
of congress to make and were constltl-
tional and valid.
In discussing the conditions which cN-
listed at the time of the passage OF the
appropriation act OF 1S9o, the court says:
The production and manufacture OF
sugar in the southern and some portions
of the western states from sugar cane
and from sorghum and beets has become
an industry in which large numbers OF
the citizens of this country were>ell-
gagged and its prosecution involved the
use of Il very large amount OF capital.
The tariff heretofore had been very hlgh
upon imported sugar and the native IN
dustry had thereby been encouraged, fos-
tered and greatly increased. The sub
ject of how to treat this industry was
under discussion in congress while the
tariff act of 1890 was before it and it
bounty clause of that act. Before that
time the revenue on imported sugar had
amounted to nearly S60.00O,O0O in one
year. To put sugar on the free list
would reduce the revenue that amount.
but at the same time it might it was
urged in congress, ruin the persons en-
gagged in the industry in the country
SO this tariff on sugar was reduced, while
at the same time a bounty was placed
upon its production here of an amount
which it was thought would equal the
production the industry had heretofore
enioyed under the tariff The act was
approved by the president and no quess-
,rtion of its validity was made by any OF
' ficer of the government having any du-
: ties to perform under it.
= Under that act large sums of money
'ssTere paid to sugar manufacturers as a
n botlnty and no officer of the government