Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1896-02-21

Washington. Feb. Is-The attack OF
Secretary Morton for his refusal 10 ex
pend an appropriation for seeds was
transferred from the senate to the house
today, and furnished the feature Of the
proceedings in the lower house. It was
led BY Mr. Baker (rep. y. H., and was
supported by Messrs Moses and Living
ston dem, Gar Mr. Boatner (dem.
La, and Mr. Meredith dem, VA Some
very harsh things were said and ap-
plauded, especially by Mr.. Boatner. who
referred to Mr.. Morton CONTEMPORARY
as "that individual" and not voice was
raised in his defense. The general de
bate on the agricultural bill, during the
consideration Of which the attack was
made, was closed BY adjournment Sew
eral bills of minor Importance were
passed, and resolution was adopted d.
recting the judiciary committee to in
quire iRto the right of an executive
officer to refuse to execute law on the
ground of its unconstitutionality, and TO
report by bill or otherwise. This inves-
tigation grows out of Comptroller Bow
ler's decision in the sugar-bounty cases.
Mr.. Ray of New York, in presenting
the resolution. said that Mr.. Bowler's
right to question the constitutionality OF
a law was admitted on all hands to be of
doubtful legality.
Mr.. Terry, of Arkansas, on the other
hand, expressed the opinion that an ex-
ecutive officer executed an unconstitu-
tional law at his peril.
When the house met today the senate
to the bills to incorporate
the National society of the Daughters
of the American Revolution. to grant
leave of absence to home-steaders on the
Yankton Indian reservation, and to
lease certain lands in Arizona for edu-
purposes, were concurred in.
Mr.. Ray, rep. n " called up the
resolution directing the com
mittee on judiciary to investigate the
right of the comptroller of the currency
to refuse to execute the law on the
ground of its alleged unconstitutionality
Ind if it was found that he had violated
he law to report BY bill or otherwise.
which had been amended so as to make
generally into the right Of ex-
.cutive officers TO refuse to execute the
avs on the ground of their unconstitu-
ionality. This resolution was the out /
ONE of the decision OF Comptroller I
Bowler in the sugar bounty cases. Mr.. /
Ray explained the long controversy /
which had resulted from the Comptroll- /
rs decision. 1T must be conceded on /
Il hands" said ne, chat the question IS
OF free from doubt" The committee
ad, he said, thought it bestto make the
lquiry general instead OF confning it TO
he right OF single officer. The resOlu-
on was not reported, he said. with a
lew to censuring any officer, but 10 de-
.rmine whether il was proper to rec
nmend an amendent for the enlarge
lent or restriction of the scope Of the
w.
Mr.. Terry, Democrat of Arkansas,
ember of the judiciary committee.
i'd he did not desire to make any fac
ious opposition to the resolution, but
: wanted to go on record as opposed TO
e Interior purpose sought to be o.
ined. He believed that an executive
icer executed. an unconstitutional law J
his peril and that it was therefore his
.ty to inquire into the unconstitution-
ty of statute when the matter was !
ought directly to his attention. The
was adopted
Mr. Lacey ot Iowa, chairman of the
mmittee on public lands, called up a
I to extend the provisions of theact Of =
arch 3, 1891. under which suits might :
brought to vacate and TannuI patents
on public lands for FIVE years. as 20 :
: original grantees. AS to bona-ide :,
tiers, the bill provided for the expira- =
n of the limitation Marchisd next. Mr..
cy said the bill was in response to the
of the president, and :
-olved about 6o.Ooo,ooo acres, inciud- :
|. Mexican, Spanish and railroad :
lnts. :
,Ir. McRae (dem. Ark offered sub
ute to repeal outright the limitation
ed in the act of 1891. The result of
experiment by the Fifty-hrst con- tc
.ss, said Mr. McRae, demonstrated 4
It there should be no limitation. The Of