New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-22
CARLISLE SPEAKS UP FOR BOWLER.
HE SAYS THE CONTROLLER HAS NOT DEFIED THE
LAW-TIIE JUDICIARY COMMITTEE PROPOSES
To FIND OFT ABOUT 1T.


TO FIND OUT ABOUT 1T.
WASHINGTON. Jan 2l-The House judiciary Com
mttee this morning considered the Boainer reso-
luton which recites the action Of the Controller OF
the Treasury In refusing 10 countersign the war
rants in payment OF the money appropriated Tor
sugar bounty far earned. and directing the
judiciary Committee to report the House whether
this action was justified under the provisions or
any statute, and whether any such power could be
lodged in any executive officer TO suspend the pay
ment Of any money appropriated on the ground
that the law appropriation Is unconstitutional;
also what action should be taken by Congress to
vindicate its authority.
After some discussion substitute. prepared by
Mr. Ray of New-Yors, adopted which gives
10 the judiciary Committee the authority TO inquire
as 10 the condition OF the law on the subject Of
the right of the executive officers OF the Govern
| ment IN the several departments to refuse to en-
force execute comply with the provisions OF any
ac, of Congress on tho ground OF IT'S alleged un-
constitutonallty for other reasons and to report
| TO the House by bill or otherwise.
The report written by Mr. Ray TO accompany ms
| substitute. which the committee ordered 10 be
favorably reported. chaTactcriZes the question AT
issue of great Importance 1t says that II
the power exists certain executive officers may set
| at defiance the laws of Congress approved by the
chief executive officer OF the Nation on me Stner
rest with these officers 10 stay, pending judicial
determination in the courts. the execution or law
Of Congress which Is prima face valid and consti-
| tutional A wide difference OF opinion exists as to
| what the law is and what 1t ought TO be. The re-
| port closes with tho declaration that without ex-
| pressing opinion as 10 the law the JUDICIARY
Committee believes that it should be looked into
and that such investigation might suggest proper
legislation the subject. The committee does
not deem 1t wise proper that the Investigations
| shall be directed TO any particular officer, act or
! department. ~ -. c..o
| Nr RAY to-day received letter from Secretary
Carlisle in which he replies at length to Mr.. Ray 3
renr,est for informatio whether there Is precedent
mr. authority on the part OF the Controller for de-
Ching to pay the bounty. The Secretary shows ne
care with which the Controller Investigated me
snhiect and the conclusion reached by him that the
constituonay OF the appropriation was at, Least
! domhtful and that he deemed " his duty. without
allowing or disallowing the claim to have en-, ne
aios,inn referred the Court OF Claims Tor ad)ud
p,ion which the Secretary, after hearing written
cat cav nr,I arguments on the question, agreed TO-
aanuo,arv Carlisle shows that the original l5oatner
Sesninton was based on certain statements con.
rsnad IN the preamble. which are erroneous for
,ainer 1.-THE Controller has not refused TO per-
ne Coi.. ;nist rial act execute statute passsu
,or" Congress- has he nned or a,temp,ea no 1o
nuIiy aaI"ooded under and in accordance win the
has pro-, the United States which expressly au-
statute y. o n cause claims of the class 10 whlcn
thoriayo 1the Oxnard Beet sugar C9mpany, De,Tns
this ON ,rred 10 the courts for 1udicial
| to be rei ,ha constitutional questions nvo'ved