The Houma courier. (Houma, La.) 1878-1939, 1896-05-30


the question rs enactiag the bounty
clause Of that act. Before that time
the revenue on imported sugar had
amounted to Dearly $50, OOO, 600 in one
wear. To put sugar on the free list
would reduce the revenuethat amount,
hut at the same time it might, as was
urged IN Congress, rnin the persons
engaged in the industry in this
country. So this tariff on sugar was
reduced while at the same time a
bounty was placed upon its production
here Of an amount winch il was
Thought wonlH equal the protection the
Industry had heretofore enj yed under
the tariff. The act was approved by
the President aud DO qnesuou OF it's
validity was made by any officer of
the government having any duties to
perlorm under it.
Under that act large SINUS Of
money were paid to sugar manufact-
ures as a bounty, and no officer Of the
government having any duties to
perform uuder it,
"Tlis condition contained for abont
three years. In the winter. spling
aud summer OF 1894 ir is matter Of
history that the discussion of that act,
which becamea law ON the 28th. nf
August of that year, was continually
going on in Congress and through the
public prints of the county. Before
the passage Of tho act it was, of course,
wholly tain as to what IFS prov
lsiuns would be, including the question
of the bounty for the manufacture of
sugar. No man could predict IT. No
one could have stated whether the
bounty would be taken Of entirely or
materially reduced or left as it stood
by the act Of 1890. The whole unes-
ton of tariff legislation at that time
was fall Of uncertainty. In the meau-
time the season was approaching
when the manufacturers of sugar must
decide what to do. He was confronted
with the fact that the act of 1890 was
still IN existence, aud under its pro
visions he must, it he meant to avail
himself of the b0uaties which might
be payable under the act, make his
application for or obtain a license
prior to Jniy ] of that year. Iu his
application for a license lle was COM
PEELED to give il general description Of
tile machinery aud the methods to
be employed by him, with IN estimate
of the amount Of sugar proposed to be
produced III The current year, and his
application would have 10 be accom-
panied by II bond ihaG he would
faithfully nl's,,rge the rules aud ,egu-
@lations that would be prescribed for
the manufacture aud production Of
sugar.
IF he made application and obtain
ed his license and commenced the
manufacture Of sugar under tl,e
provisions Of She act Of 1890 he could
not be certain that Congress might 0
strike out altogether the provisions
for tho pay ment Of any bounty, aud
he DC left il such Il condition shat he
could neiiiler manufacture with prof t
q abstain from manufacturing with
ont loss.
The conEt SAYS there can he no qI"s-
tion of the good faitll Of the plaintiff.
The question Of thu cnnstimtionality
Of the sugar bounty in the act Of 1890
is entirely immateTial. Il is a queR-
ton Of equitable consideration, and
the court says
"The plaintiff acquired claims upon
the government Of an equitable. moral
or honorary nature.n
The principle npon which the court
basis its decision is contained in tie
following declaration:
"Under the provisions of the Cons
s%titutiou (Article /, section So Com
gross has power to lay and collect
taxes" etc, ITO pay the debts OF the
United States" Having power to
raise money for hat purpose, it of
course follows that it has power, when
the money is raised, to appropriate it
to the same object. The term ''debts''
includes those debts or claims which
rest'upon a merely equitable or honor
airy obligation, aud which would not
be recoverable in IL court of law if
existing ~agalnstan individual. Their re-
cOgnition depends solely with Congress
and whether it will recognize CLANS
thus founded must he left to the
discretion Of that body. Payments to
individuals, not of right or of a merely
legal claim bnt payments in the
pature Of gratuity, yet having some.
feature of moral obligation to support