The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-26


was confronted with the fact that the
act of 1890 was still in existence and
under its provisions he must. IL he
meant to avail himself of the bounties
which must be payable under the act,
make his application for and obtain a
license prior to July l of that year.
In his application for a license he
was compelled TO give a general des-
or ption of the
MACHINERY AND METHODS
to be employed by him with an amount
of sugar proposed to be produced in
TIE current year, and his application
would have % be accompanied by a
bond that he would faithfully observe
the rules and regulations that would
be prescribed for the manufacture
and production OF sugar. If he made
application and obtained his licenses
and commenced the manufacture of
sugar under the provisions of the act
of 1890 ne could not be certain that
the congress might not strike out al
together the provisions for the pay
ment Of any bounty and he be left in
such a condition that he could neither
manufacture with profit nor abstain
from manufacturing without loss''
The court says there can be no ques-
ton of the good faith of the plain
, tiffs. The question Of the constitution
atty of the sugar bounty in the act
OF 1890 is entirely immaterial. 1t is a
question of
EQUITABLE CONSIDERATION
and the court says, THE plaintiffs ac-
qlired claims upon the government of
an equitable, moral or honorary ma
lure"
The principle upon which the court
rC &c - ina w, he
following declarations:
Under the provisions of the con-
stitution tarticle 1, section So, con-
gress has power to lay and collect
taxes, etc. to pay the debts of the
United States" Having power TO raise
money for that 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 merely equitable or honor
airy obligation and which would not
be recoverable in a court of law If
existing against an individual. Their
recognition depends solely upon con-
gress. Whether it will recognize
claims thus founded must be
LEFT TO THE DISCRETION
of that body Payments to individuals
not OF right or of merely legal claim,
but payments in the nature of a
gratuity yet having some feature of
moral obligation TO support them have
been made by the government by vir-
Tue OF acts of congress appropriating
the public money ever since its founda-
lion Some of the acts were based
upon considerations of pure charity
The indirect or war risks" rejected
by uhe general arbitration tribunal but
paid by congress, and the French
spoliation claims, are cited as in
stances Of payments that are not of
right but in the nature of a gratuity
ana as an act of grace" and it is said
that the payment to provide for SINH
lar claims has been recognized by state
governments and sustained, for exam
pie, by the New York court of appeala
in the case Of the town of Guilfords VS..
the supervisors of Chenango county.
In conclusion the court says: I'm
regard to the question whether the
facts existing in any given case bring
II within the description of that class
of claims which congress can and
ought TO recognize as founded upon
equitable and moral considera tons and
grounded upon principle of right and
justice, we think that generally such
question must, in its nature. be one
Tor congress to decide for itself. Its
decision
RECOGNIZING SUCH A CLAIM
and appropriating money for its paw
nent c9n rarely if ever be the subject
u review by the judicial branch of
he government. Upon the general
principle, therefore, that the govern
mcnt Of the United States. through
congress, mas the right to paw debts
OF the United States, and that the
claims in these cases are of the nature
which that body might rightfulIy de-
cide to constitute a debt payable by
the United States upon considerations
OF Justice, we think the right of con-
gress making provisions for the pay
ment of such claims was valid without
reference to the question of the
validity or invalidity Of the original
act providing for the payment of |
bounues TO manufacturers of sugar
as contained in the tariff act of iS9o' |
The Judgments on these cases are rfghr
irrespective OF how that question 4
might be decided or any conclusion
that might be reached upon other