The herald., 1896-02-16
IN Congressional HALLS
The House Takes q WhaCk at
Morton
HE WILL DISTRIBUTE SEEDS
Or Impeachment Proceedipgs Will Be
Bel :un
Comptroller Bowler's ~ :tion Leads to the Pas
sage Of Rssoiuti,a Ordering an ln-
vestigation oi His Powers
Amoeis.s,j Press snecial wire

Aaoeiotod Press Speciat Wire =
WASHINGTON, Feb. .I5.-The ok on
Secretary Morton for h is refusal to expend
he appropriation for 9 sed in the present
agricultural appropriat ion was tran sferred
from the senate 10 the house tod ay, and
furnished the feature of the procee 1ings i'll
the lower house. 1t wa led by MI. Baker
Republican, of New Hampshire, and was
supported by Messrs. Moses and Living
ston (Democrats) of Georgia, Boatner
[ Democrat) of Louisiana and Meredith
(Democrat) of Virginia. Some v cry harsh
things were said and apr'lauded, especially
By bostner, who refer ed to M Z. Morton
contemptuously as "that individ nal," and
not a voice was raised in his defe nse. The
general debate ON the agr icultur, Il bill dur
ing which the attack was made was closed
by adjournment.
Several bills of minor import ance were
passed and o resolution was pas sed direct
ina the judiciary committee to INQUIRE into
the right of an executive ffcer 70 refuse to
execute law on the ground OF its uncon-
stitutionality, and to report by bill or 9th.
erwise. This investigation grows out of
Controller Bowier's decision in the sugar
bounty cases. Mr.. Ray of New York, in
presenting the resolution, saitl that Bow.
yer's right to question the cons situtiok1ality
Of law was admitted on all hands to be
Of doubtful legality. Terry, on the other
hand, had expressed the opinion that an
executive officer executed an unconstitu-
tional law at his peril.
Mr.. Ray called up the Boatner resolu-
zion directing the committee on judiciary
to investigate the right of the comptroller
Of the treasury to refuse to execulte the law
on the ground of it's unconstit tutionality,
and if It was found that he b ad violated
the law, to report by bill or otherwise,
which had been amended SO as to make in
duiry general into the rights Of executive
officers to refuse to execute laws on the
ground Of their unconstitution ality. This
resolution was the outcome OF the decision
Of COMPTROLLER Bowler in the sugar bounty
CASES. Rap explained the long controver-
" which lad resulted in the comptroller's
decision.
s'It must be conceded on all hands,
seid he; "that the question is not free from
The committee, he said, had thought it
best to make the inquiry general instead
of confining it to the right of single
officer. The resolution was not reported.
he said, with view of censuring any Off
cer. but to determine whether it was proper
to recommend an amendment for the en-
largement or restriction of the scope of
the law. The resolution was adopted.
Then the agricultural bill was taken up.
Baker led in with an attack on Secretary
Morton for refusing to use the seed ap-
priation in the current law. The present
bill again appropriated 81 sc, 900 for seeds.
1--WE will" he added, 'force Secretary
Morton either to execute the law or aban-
don his Office"
Mr.. Moses declared that John c. Calhoun
was not more of . nullitier than J. Ster-
ling Morton. He inveighed against the
growing tendency of executive officers to
disregard the expressed wish of congress
in the execution of the laws.
Mr.. Boatner, democrat of Louisiana) },
however, aroused the greatest enthusiasm
by his remarks.
"The feature of Mr.. Morton's action
which has aroused my Indignation" said
he, ''more than any other, is that it is
based upon a sort of false pretense. Ante
cedent to his decision that under the terms
of the law he was not authorized to spend
the appropriation, there emanated from
the agricultural department report de-
roaatory to the congress of the United
States: The individual who has found his
way into the agricultural department
under this administration Oaughter) con-
sidered it not inconsistent with the dignity
of his position to allow reports to 60 out
through the press that he had discovered
great frauds in the distribution of seeds. 1
do not know whenther those statements
were true or false, but I know and
assert that the publication of any such
scandals operating against body of gen.
tlemen without the designation of the
names of the individuals who had been
found so small and corrupt and SO unfit for
the positions that they occupied, was not
only an insult to the congress of the United
States, but a cowardly attack that was in
consistent with the dignity of any man
who occupied cabinet position. ZAP
"As member of the fifty-thirl congress,
resent and denounce the imputation that
that body, as body. or the preceding con-
addicted to the sale of seeds which were
allotted to them for distribution, as an in
famous slander. / believe that to abolish
the system of the distribution of seeds
would be advantageous to the members of
congress. For every constituent who re-
ceives package Of seeds and who is graft
fed at the compliment there are others
dissatisfied because they not have been
likewise favored. / am absolutely
tired of having this body brought into dis
grace and contempt by the executive
officers of the government. 1t has got to
that point where mere subordinate officer
refuses his royal assent; it has got to that
sessed by a mere clerk, whom the law
makers by two-thirds vote cannot reach"
(Applause.)
Livingston, Democrat, of Georgia then
took up the cudgel. Morton was the SER
want of this house and he wanted him to
know that he had said it. "Be must
either obey this purpose or we will i'm
peach him. He must understand that this
IL a republican form OF government, and
no controller Of the treasury or secretary
Of agriculture can nullify the laws passed
by the national legislature
Gil =
At 5 o'clock, under agreement, general
debate closed and the house adjourned.