Red Lodge picket. [volume] (Red Lodge, Mont.) 1889-1907, 1896-05-30
MUST PAY SUGAR BOUNTY
sII,KENE COURT OF TIE UNITED
STATES HAS SO DECIDED.
Over Five Millions VIII BE NceeS-
<ary to Satisfy the Claims
OF Producers.

Washington, May 25.-Tne supreme
court today sustained the validity Of APP
propriations to carry out the sugar Doun-
ty features of the Mckinley ana NIISch
tariff acts by a unanimous opinion aflrm-
ing the decision Of the circuit court ior
The eastern district Of Louisiana and re
verSing the action of the comptfoHcf OF
the, treasury, MT. Bowler. who refused to
permit the payments of bounties on the
, ground that the act was unconsututlonil.
The cases involved We're those OF the
United States, plaintiff i'll error, VS. the
Realty Company and Andrew IT, Gay, le-
5pectvely. The opinion of the court was
delivered by Justice Pechham. Bolh
We're test cas- eS.
The realty company was one Of a class
coming under the terms of the appropria-
ton TO those who had manufactured =
certain class of sugar previous TO the zoth
day Of August, 1894. and upon Wnlch no
bounty had previously been paid. The re-
peal OF the bounty clause in the act OF
1890 by the act which took effect on the
18th day Of August, 1884, and when pfohlo-
tel the payment Of bounues thereafter
preventing the company from o6lalilils
the money on the warrant WHEN haQ
been issued TO it prior to that date. lhere
We're comparatively few persons coming
under the class in which the company
stood, and the appropriations mace loF
the payment Of that class was q nttle less
than $250,uOU.
The plaintiff in the other suit, Gay, is
one OF Il class under the second portion 81
the act Of 1898, he being among those
who complied with the provisions OF the
I bounty act as contained in the schedules
Of the act of October. 1899, by filing no
tic.. Of application Of license and bond as
therein required. and would have been
!,
for in said act and a bounty OF eight
tenths Of a cent per pound on tne sugar
actually manufactured by him during tle
4 period commencing August y, 1924, ana
ending June 80, 1895.
The amount OF bounty claimed by Gay
/ IS between $4,000 and $4,000. The persons
/ forming this class are numerous, and the
4 applopria gon for them amounted 10 so,-
0O0,Voo Comptroller Bowler had based MS
action largely upon the decl5ion OF the
/ court of appeals of the District OF Column
bia. that the sugar bounty clause Oh 1he
! Mckinley act was unconstitutional
The supreme court, in its opinion To-Day
! said that fer the purpose of the cases it
was unnecessary to decide whether Such
/ legislation is beyond the power Oh con-
4 gress, but that in either case the appfo-
priations Of money in the act OF 1879 10
manufacturers and producers OF sugar
who had complied with the act Of 1880 We're
A "iifiH - tNrNNN
were constitutional and valid. In discuss
+ inc, the conditions which existed at the
\ time of the passage Of the appropriation
act of 1S95 the court says:
1.-The production Of this manufacture OF
/ sugar in the southern and western states
4 from sugar cane and from sorghum anu
! btets had become at the time of the pas
\ sage Of the act Of 1890 an industry in which
laree numbers of citizens Of this country
4 were engaged, and its prosecution involved
! tha use OF large amount OF capitol me
4 tariff therefor had been very high on inn
ported sugar, and that industry haC there
4 1y been fostered and greatly inc eased
J The subject of how to treat this III luStrY
4 was under discussion in congress VIII le the
tariff act Of 1890 was before it, tad 1t
4 finally decided the question by ent citing
the bounty clause Of that act.
This act was approved by the president,
! ana no question of its validity was made
by any officer Of the government having
Y any duties to perform under it.
The court says there can be no question
\ Of the good faith of the plaintiffs. The
! question of the constitutionalty of the
f sugar bounty in the act of 1890 is entirely
mmaterial. 1t is a question of equitable
] consideration, and the court says: The
plaintiffs acquire claims upon the govern
ment of an equitable, moral or honorary
nature
The IfOrSa Case.
Chief Justice Miller today delivered the
opinion of the supreme court in the case
Of the United States VS.. j. S. Wiborg,
4 captain of the steamer Horsa, and others.
The case is one advanced by the court
at the instance of the attorney general
for the purpose Of securing a decision
as to the construction of our neutrality
laws and their effect in preventing fill
bustering expeditions against friendly
powers WibOrg and associates were ac-
cused of attempting to land arms sur
reptitiously in Cuba. They were found
guilty under the neutrality laws by the
United States court at Philadelphia. To
Jav's ODinion held the decision Of the
Pennsylvania court was correct on the
point that the expedition was in violation
Of neutrality laws. judgment was af-
frrnel as to Wiborg, but reversed as tC
Mates johnson and Peterson, on th'
ground that they were ignorant Of tht
purposes Of the expedition Justice f1af
! an conCurred in the reversal of the judg
rnant as to Peterson and Johnson. bu
lissc,ted from the judgment atfirn1ns
/ sentence against Wiborg
Bannocl,s Held Liable.
The supreme court, in the opinion o
Justice White, today passed upon the riSh
Of the Bannock Indians to Kill game il
the unsettled lands Of their former reser
ratiOns in Wyoming, holding that unde
game in violation of the game laws of tn
state
The title Of the case was j. H. Ward
sheriff, VS. Race Horse. the latter bein'
the Indian who surrendered himself t
he Wyoming state authorities for tn
purpose of testing the matter. The opin
ION of the United States supreme cour
for Wyoming, by which Race Horse wa
released from custody, was reversed, an
| was ordered that the Indian be com
nan9ed to the custody of the state au
rhorite5.
J Against the Z. p.
Chief Justice Fuller today handed dow
he opinion Of the supreme court ~ tl
. ,asa Of the Union Pacific Railroad Com
,sn, vs. the Chicago, Rock Island & Pa
/ | ,,fc ana the Chicago, Milwaukee d ;
Paul companies, involving contracts pe
rweer the two last named companies an
he Union Pacific as to the right to us
he tracks Of the bridge across the MIS-
= .ouri river at Omaha and which the umo
Pacific sought to have invalldated on "
J round that the contract was made by tF
Ini,,jals Of a branch line. One Of the POM
) raised was that il was not within the co
!. ,orata powers of the parties to maN
surf contracts, but the chief justice sal
. IN this point that there Was"nothing n r
- ,harter of the Union Pacific company thf
prohibits such an arrangement as the o'
:, | n controversy by lilli''td'toi'. anu 40
~ It the public interest was subserEed tn
: ,omDany reached it's own lines by shor
; r. route and accommodated It's oN
T. -hrough freight and travel, we are n
"a ,renared to hold that it was Invalid.
The opinion also held that the contrac
Ia pere duly authorized by the Union Pacl'
y md they were such contracts as the cou
y ,f equity can specifically enforce. thus a
J. firming the decree of the circuit court
g ,preals for the Eighth district on
n points, the decision being against "
Union Pacific
r Two Young Ladies' Drowned.
r-ort Scott. KAN May 25.-Miss Georg
6