New-York tribune., 1896-06-04


PREME COURT ovERRULED HIM IN
TIE SUGAR BOUNTY CASE.
fpY TELEGRAPH TO TIE rRIpuNE1
Washington, June 3.-The decision OF the Sup's'",
Court in the sugar bounty case mas aPpaie"''' '1
a good effect on Controller Bowler IL mas hauc
,hs, Napoleon,c official some what tmid and even
frightened him into seeking counsel. few uaS >
ago an interesting question involving the status OF
cer.ain nuhlc officers was submitted to the Con-
troller A month ago Bowler would probably nave
shown eagerness In deciding the question: ""'.c
his office under the intent OF the law. mas 10 uo
largely with administrative questions, ne mas "o'
heretofore hesitated 10 settle onhand the sfaNes'
legal and constitutional problems In the present IN
stance however he has seen ft TO seek coi0i' "'''
counsel from Attorney General Harmon.
For wears General Badly" Smith. Of war fame
has been employed by the Army Engineer corps
HIS qualifications Of high order ana 'he 'oi-
mer Chief of Engineers. General casey sre""!
pr.zed them. Among other duties ne mas ""u NV
annual disbursement Of large sums OF money ana
the Government has been much benefited by MS
good Judgment and fidelity. So well has the Zen
oval nerformed the important services assigned 10
him that although in civil life at the time he was
anno,nted a major Of engineers by speclal act Vi
Congress in 1855 The appointment was maue az 4"
reward for jealous and faithful work. such as ne u
now, nerrorminr TO the entire satisfaction OF hs SUI
neriors In rank In the Civil War Geherai o"'"
rose 70 the rank OF jorgcneral OF volunteers MS
rodo 4, tho regular service was that of captain
uban IN 1861 he was transferred 10 the Engineer
Corps He resigned from the service IN lSo ~
day ne is as much public oiiciaI as II ne "' "
resigned. The change in his status s INA. "o 4"
retired officer. As he entered the Military Academy
e. Isr IN IN. class Of F1tz John Porter. and must
,avo heen about twenty years old at the time nc 10
u.ou advanced IN age Clearly his valuable services
IN war and peace and his age eniitle him 70 s'"ei
ous treatment AT the hands OF the Government.
p,,, roulsr is disposed 10 cut down the GeneraI :
nav Rememberirg the recent rebuKe OF ''e gu
preme Court he hestates TO do this without "Iu
and comfort He wants 10 be backed up us y
were and ATTORNEY General Harmon is 10 be eaicu
ncessayv Rowler has proved by his action In other
cases that the opinion OF the Attornss % Sn,rniior
merely advisory. and not binding on the
CROWN timid since the sugar bounty decision can
Sss present course be explained . ST.. ..,ar,,
seems rsirsa ma ms,o General smith has been recey
ing a small annual compensation as ulsou ,, ,,'e ho ve
Of the Engineer Corps Hs ,soors Sithou;
question AS retired officer he held no pun,ic
Office under the statute which provides that pupil
officers not to receive TWO Wv "a, no
duties. Incidentally wholly apart from his Army
status he s engineer disbursing o'ncet. %
| no doubt that General Smith Is entitled 70 DOM
salaries But Bovler's idea Is that me tenrra.
can receive only one OF mem en,sS nes 20 !, is
| feared that Bowler Will say the smaller ,.,..
Whatever the outcome may DE- m,Ia1t ", H. ,ly' An
proprat!on bill there is clause which proves sa
that officers OF the Army when performing cxrh
duty dsbursing agents OF me Ene'htrs TT o'o
Rnwler's glory will be short-ved even II his ruling
is adverse TO the old veterans Interests