Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-02-05
DOES NOT MEET THE ISSUE.
What an Ex-COntrOIler Says of Rem
Preventative Rays BILL


A prominent eX-controller of the currency
a man of note in the financial world, speak
ing to Star reporter of the bill of Repre-
sentative Ray of New York. regarding the
conduct of certain executive officers of the
government, expressed the opinion that he
did not think the bill met the issue Rep
resentative Rays bill is to regulate the
conduct of certain executive officers of the
government, and providing for the adjudi-
cation of constitutional questions arising
in the executive departments"
While the bill does not say so in plain
Treasury Bowler, whose action in the sugar
trust matter is known everywhere. The
bill provides that it shall be unlawful for
any executive officer of the government to
neglect or refuse to carry into effect any
law of the United States on the ground of
IT'S alleged unconstitutionality or to refuse
10 pay out or apply any appropriation made
by congress. In case the constitutiona1ty
o! any act is questioned by any officer
charged with its enforcement, he must re-
port the facts to the head of his DEPART
ment That officer shall have the power TO
temporarily suspend the execution of the
act until he has presented the matter to the
Attorney General If the Attorney General
is OF the opinion that the act is uncon-
stltutional he shall Immediately carry the
matter to the Court of Claims and ask
Judgment. If, however the Attorney Cen
eral Is OF opinion that the act is constitu-
uonal, all the executive officers charged
with It's enforcement must immediately
proceed to do The bill further provides
that no officer shall ever question the con-
stltutionaiity of any law or resolution ap-
propriating money to pay the current ex-
penses of the government or to provide for
the common defense.
The sketch which 1 have seen of the
proposed BILL he said, docs not seem to
me to reach the issue presented by Mr.
Bowler's action. Mr. Bowler is controller
of the treasury, and under the law he has
the power to charge up against any public
ofncer and his bondSman any amount that
may have been paid out by such officer il
such payment is, according to the opinion
of the controller an improper one.
when, therefore, the controller notifies
any public officer in advance that If a GER
tain payment is made he will disallow it in
the accounts OF that officer, there is moth
ing Tor prudent man to do but to refrain
from making the payment. The bill of Mr..
Ray, according to the newspaper accounts,
applies to executive officers, but it has been
held by some controllers of the treasury
that their functions were judicial. 1 do not
know how much force there is in this con-
tention, but it seems to me that If there is
to be any legislation intended to apply to
such cases as that arising out of Mr. Bow
lers late action, the controller should be
restrained from disallowing any disburse-
ment made in pursuance Of the directions
of Mr.. Rays bill. 1t will be a hardship
upon executive officers to require them to
make payments upon the authority of the
Attorney General, and then have them dis
allowed by the controller and their personal
accounts charged with the amount there
Of
The foregoing expression of opinion will
be of interest to members of Congress.
Mr.. Rays bill is now before the committee
on judiciary.