Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1896-05-30
SUPREME COURT OF THE UNITED
STATES HAS SO DECIDED,
over Five Millions VIII He Neces-
sary to Satisfy the Claims
of Producers.

Washington, May 25.-The supreme
court today sustained the validity of APP
propriations to carry out the sugar boun-
ty features OF the Mckinley and Wilson
tariff acts by unanimous opinion affirm
ing the decision of the circuit court for
the eastern district of Louisiana and re-
versing the action of the comptroller of
the treasury, Mr. Bowler. who refused to
hermit the payments Of DOuntleS 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, re-
spectiyely. The opinion of the court was
delivered by Justice Peckham Both
were test cal as.
The realty company was one Of class
coming under the terms Of the approprla-
ton to those who had manufactured Il
certain class OF sugar previous to the 18th
dav of August 1894, and upon which no
bounty had previously been paid. The re-
peal OF the bounty clause in the act OIL
1890 by the act which took effect on the
2Sth day Of August, 1885,, and which prohp-
tied the payment of bOuntiGs thereafter
preventing the company from obtaining
the money on the warrant which had
been issued to it prior 10 that date. There
were comparatively few persons coming
under the class in which the company
stood, and the appropriation made Tor
the payment of that class was a httIe less
than $4,000
The plaintiff in the other suit, Gay, is
one Of a class under the second portion OF
the act of 1885, he being among those
who complied with the provisions OF the
bounty act as contained in the schedules
of the act of October, 1890, by Ming no
tice Of application Of license and bond as
therein required, ana would nave Deeh
entitled to receive license as pfoVideu
for in said act and a bounty Of eight
tenths of cent per pound on the sugar
actually manufactured by him during the
period commencing August Is, 1891, ana
ending June SO, 1895.
The amount of bounty claimed by Gay
is between $500 and $1,000 The persons
forming this class are numerous, and the
appropriation for them amounted 10 80, r.
100000. Comptroller Bowler had based his
action largely upon the decision OF the
court of appeals of the District OF Colum-
bia, that the sugar bounty clause OF lHe
Mckinley act was unconstitutional.
The supreme court, in it's opinion TO-DAY .
said that for the purpose of the cases II
was unnecessary TO decide whether such
legislation is beyond the power OF con-
gress, but that in either case the appro-
priations of money in the act Of 1893 10
manufacturers and producers of sugar
who had complied with the act Of 1890 We're
within the power of congress to make, and
We're constitutional and valid. In discuss
ing the conditions which existed at the
tme OF the passage Of the appropriation
act OF 1873, the court says:
The production of this manufacture OF
sugar IN the southern and western states
from sugar cane and from sorghum and
peets mad become at the time of the pas
sage Of the act OF 1890 IN industry in which
large numbers of citizens Of this country
were engaged, and it's prosecution involved
the use of a large amount of capital The
tdrllt therefor had been very high on i'm
ported sugar, and that industry had there
Dy been fostered and greatly increased
Inc subject of how to treat this industry
was under discussion in congress while the
IdrlI act of 1880 was before it, and it
Hhaily decided the question by enactins
me re-, bounty clause of that act.
rms act was approved by the president,
1 biu no question of it's validity was made
10y any officer of the government having
any uutles to perform under it,"
ne court says there can be no question
~ lne good faith of the plaintiffs. The
queSuon of the constitutionaltty of the
,saI bounty in the act Of 1890 is entirely
CT ,efla! Il IS question of cqutable
Transformation, and the court saws: The
pidlhtts acquire claims upon the govern
nature" VI iio'ioi "''
The HOrsa Case.
or InteI Justice Miller today delivered the
Of th1 OF the supreme court in the ease
ca,t ie united States VS. J. S Wiborg
Tbp o Oh the steamer Horsa, and others
a. case is one advanced by the court
for ne instance of the attorney general
as - e purpose Of securing a decision
Law lhe construction of our neutrality
bustoraiInu their effect in preventing fill
powers ing we, expeditions against friendly
used used of attempting to land arms snr-
guiItt1 y IN Cuba. They were found
Unitoa u euer the neutrality laws by the
davis states states court at Philadelphia. To-
Penns, opinion held the decision of the
point IVA bDahia court was correct on the
of 'dt the eXpeditiOn wne I'm ,,tnln ton