The San Francisco call., 1896-02-16
NOT GREATER
THAN CONGRESS,
Federal Officers Who Have
Disregarded All the
Laws.
MORTON AND BOWLER.
Censure for the Disobedient Acts
of the Secretary and the
Comptroller.
STATESMEN APPLY THE LASH.
Public Servants Who Must Obey the
Legislative Mandates or Be
Impeached.
STATESMEN APPLY THE LASH

WASHINGTON, D. c., Feb. 15.-The
consideration of the agricultural appro
priation bill to-day gave opportunity TO
the revival Of the attacks upon Secretary
Morton OF the Agricultural Department
begun by Senator Vest in the other branch
OF Congress, for refusing to execute The
purpose OF Congress to distribute seed:
among the farmers OF the country. The
more bitter speeches were made by Demo
crats-Moses and Livingston of Georgia
and Boatner of Louisiana. Boatner anc
Livingston included Comptroller Bowler
in their scathing denunciations, and in
sisted that the time had come when it was
necessary that the line between the legls
lative and executive departments of the
Government should be definitely and
finally settled. Livingston said that he
was willing that the legislative branch
shO uld be required to attend to its busi-
nes and he wanted the executive branch
10 learn to attend to its business.
When the House adjourned at 5 o'clock
the agricultural bill was pending.
Hill (R.) OF Iowa, chairman OF the Com
mittee on Military Affairs, flee the views
of the minority of the committee upon
the bill to place General Alexander Webb
on the retired list of the army.
Senate amendments 10 the following
House bills were agreed to:
incorporating the Daughters of the Rev
olution; granting Il years absence to set
tiers on the Yankton, Sioux and Sisseton
and Wahpeton reservations in South Da-
kota; authorizing the lease Of university
and school lands OF Arizona.
On motion of Ray of New York
the Judiciary Committees substitute
for Boatner's resolution regarding the re-
fusal of Comptroller Bower to certify the
sugar bounty claims for payment was
passed. 1t reads:
Resolued That the Committee on the Judi
ciary be and hereby is authorized and directed
10 inquire as 10 the condition of the law sub
iect OF the right of the executive officers of the
Government in the several departments
thereof to refuse TO enforce, execute or comply
with the provisions of any act OF the Congress
OF the United States on the ground OF its al
legged unconstitutionelity or for other reasons,
and TO report to the House by bill or otherwise.
Ray explained that the question was one
OF great importance. If the power existed
certain executive officers might set at de-
fance the laws OF Congress approved bv
the chief executive of the Natl on. On
the other hand, it might be urged that the
power should rest with those officers to
stay, pending a judicial determination in
the courts, the execution OF a law of Con-
gress prima facie valid and constitutional.
Recent discussion by those learned in the
law had disclosed a wide difference of
opinion as to what the law is or as to what
IL ought TO be. Without expressing any
opinion as to what the law was or as to
what it ought TO be, the committee was of
the opinion that the condition of the law
upon this subject ought to be looked into
and that such investigation might suggest
proper legislation on the subject The
committee did not deem it wise or proper
that the investigation should be directed
TO any particular officer, act or depart
ment.
Terry (D.) of Arkansas said he was not
in sympathy with the Interior object
sought 20 be secured by the resolution,
believing that an executive officer enforced
an unconstitutional law at his peril. How
ever, If the House thought the committee
should enter into an inquiry into the law
upon the subject he should not object.
After the passage of a few unimportant
bills Mccall (R.) of Tennessee, from the
Committee on Accounts, reported the 1850
latlon authorizing the Committee on Ways
and Means to investigate the workings ol
reciprocity treaties.
In the form in which it was presented
the resolution met the objection of Crisr
(D.) OF Georgia as not approved matter, a
proposition which Speaker, after some ar
gument, sustained. The resolution was
withdrawn.
Lacey (R.) of Iowa called up the bill pre-
pared in pursuance of the message of the
President requesting legislation to extend
the period within which suits may be
begun to annul land patents. By agree
ment the bill went over till the agricul-
tural appropriation bill shall be disposed of.
Grosvenor (R.) of Ohio presented the
petition of 1862 members of the G. A. R.
praying for graded service pension law.
The House then went into committee of
the whole upon the agricultural appro-
priations.
Willis (R.) of Delaware stated that the
bill carried total appropriation of So, 1885,
1872, which was $145, ,35S less than the total
OF the bill for the current year.
81 believe" he said, that the bill will
meet your approval until you come to the
seed distribution paragraph. and that,
have no doubt, you will be able to manage
to the satisfaction of men and angels"
Pickler (R.) of South Dakota asked if
there was anything in the bill different
from that of the current year intended to
com pei the Secretary of Agriculture to dis
tribute seed as desired by. Congress. Had
the committee any assurance that the Sec
retary who defied the law OF 1896 would
not defy the law for 1896-97?
Wadsworth (R.) of New York, chairman
Of the committee, said there was no change
in the law, and no such assurance as the
gentleman suggested had been given.
Baker tR.) of New Hampshire, whose
controversy last summer with Secretary
Morton over the refusal of the latter to dis
tribute seed in accordance with the appro-
priation law and the Intention and desire
of Congress was exploited at the time, ad-
dressed the committee for half an hour.
He asserted that there's was absolutely
nothing in the opinion of the Attorney
General, upon which the Secretary of Agri-
culture said he based his action, to war