Omaha daily bee., 1896-02-16
AFTER MORTON and BOWLER
House Takes a Tum Criticising Executive
officers.
RIGHT TO NUlLIFY LAWS QUESTIONED
Secretary of Agriculture Comes In
for the More severe Arrnign-
mcnt-ScvernI Minor DiIis
Passed.

WASHINGTON, Feb. 15.-The attack on
Secretary Morton for his refusal to expend
the appropriation for seeds in the present
agricultural appropriation was transferred
from the senate to the house and furnished
the feature Of the house proceedings. 1t was
led by Mr.. Baker and was supported by
Messrs. Moses. Livingston, Boatner and Mer-
edith. Some very harsh things were said
and applauded. and especially by Mr.. Boat
ner, who referred to Mr.. Morton contemptu-
ousy as that individual" and not a voice
was raised in his defense. The general de-
bate on the agricultural bill, during the con-
sideration of which the attack was made,
was closed before adjournment Several
bills Of Importance were passed and a reso-
luton was adopted directing the Judiciary
committee to inquire into the right OF an
executive officer to refuse to execute law
on the ground OF Its unconstitutionalty and TO
report by bill or otherwise. This investiga-
ton grows out Of Comptroller Bowler's de-
cision in the sugar bounty cases. Mr.. Ray
in presenting the resolutions said that Mr..
Bowlers right to question the constitution
ality OF law was admitted on all hands to
be of doubtful legality. Mr. Terry, on the
other hand, expressed the opinion that an
executive officer executed an unconstitutional
law at his peril.
When the house met at noon today
the senate amendments to the bills
to incorporate the national society
of the Daughters of the American
Revolution, to grant leave of absence to
homesteaders on the Yankton Indian res
ervation and to lease certain lands in
Arizona for educational purposes were con-
Cured in.
Mr. Ray called up the Boatner resolution
directing the committee on judiciary to in
vestigate the right of the comptroller Of the
treasury to refuse to execute the
law, on the ground of its alleged unconstitu-
tiopality and IL 1t was found that he had
violated the law to report by bill or other
wise which had been amended so as to
make inquiry general into the right of ex-
ecutive officers to refuse TO execute laws on
the ground of their unconsttutionalty. This
resolution was the outcome of the decision
of Comptroller Bowler in the sugar bounty
cases. Mr.. Ray explained the long con-
ttcversy which had resulted in the compt-
rollers decision. at must be conceded
on all hands," said he, that the question
is not free from doubt" The committee
qrlry general instead of combining it to the
right Of single officer. The resolution
was not reported, he said, with view of
censuring any officer, but to determine
whether it was proper to recommend an
amendment for the enlargement or restrict
ion of the scope of the law:
Mr.. Terry, member of the judiciary
committee, said he did not desire
to make any factious opposition to
the resolution but he wanted to go on record
as opposed to the Interior purpose sought to
be obtained. He believed that an executive
officer executed an unconstitutional statute
at his peril and that 1t was therefore his
duty to inquire into the unconstitutionality
of statue when the matter was brought
directly to his attention.
The resolution was adopted.
Bills were passed as follows: On mo-
tion Of Mr.. Bennett, directing the
secretary of the treasury to make
regulation for the anchorage and
authorize the construction of drawbridge
across Lake St. Francis, Arkansas.
A parliamentary wrangle for over an hour
followed on a question raised as to the
privilege OF a resolution directing the ways
and means committee to investigate the
effect Of the reciprocity clause of the Nc
Kinley act to employ an expert for that
purpose. The speaker finally sustained Mr.
Crisp's point of order.
SETTLERS CANNOT BE AFFECTED
Mr.. Lacey, chairman of the committee on
public lands, called up bill to extend the
provisions of the act Of March 8, 1891, under
which suits might be brought to vacate and
annul patents upon public lands for five years,
as to the original grantees. AS to bona flde
settlers, the bill provided for the expiration
Of the limitation, March next Mr.. Lacey
said the bill was in response to the recon-
mendation OF the president. and involved
about 6O.OO0OOO acres, including Mexican,
Spanish and railroad grants.
Mr.. McRae offered substitute to repeal
outright the Limitation fixed In the act of
1891. The result of the experiment tried by
the Firty-flrst congress, said Mr.. McRae,
demonstrated that there should be no limita-
tion. The act Of 1887 protected every inno-
cent purchaser of railroad lands. A sover-
egn government, which was obliged to act
through Its agents, should have the right at
any time to expose fraud.
After some discussion the consideration of
the bill was postponed until the agricultural
bill, which was pressing for consideration,
has been disposed Of Then, at 3:10 p. m. |
the agricultural bill was taken up.
Mr.. Wadsworth. chairman Of the agricul- |
tural committee, yielded to Mr.. Willis to ex-
plain the measure. He said that 1t was fully |
"up to the spirit Of the time" carrying $145-
1858 less than that Of the last congress, of |
which the celebrated Holman. whose record |
world, had been a member.
Mr. Baker led In an attack on Secretary |
Morton for refusing to use the seed ap- |
preparation in the current law. The present |
bill again appropriated $4,000 for Seeds |
I'VE wil," he added, "either force Secretary |
Morton to execute the law or abandon his |
Office" |
Mr. Moses declared that John c. Calhoun |
was not more of a nullifer than ]. Sterling |
Morton. He inveighed against the growing |
tendency OF executive OmcerS 10 disregard |
the expressed wish Of congress in the ex-
ecution of the laws.
Mr.. Boatner, however aroused the greatest |
enthusiasm by his remarks. "The feature |
OF Mr.. Morton's action which aroused my |
said he more than any other. |
is that 1t is based upon sort of false pre-
tense" Antecedent to his decision that |
under the terms OF the law, he was not |
authorized to expend the appropriation, there
emanated from the Agricultural department
a report derogatory to the congress of the
United States. The individual who has found |
his way into the Agricultural department
under this administration Qaughter) con-
sldered 1t not inconsistent with the dignity |
OF his position to allow the report to go out |
through the press that he had discovered |
great frauds and abuses in the distribution of
seeds by members.
INSULT TO CONGRESS.
81 do not know whether those statements
were true OF false. but I do know and I |
assert that the publication of any such scan
dalous charge against a body of gentlemen
without the names of the individuals who
had been found SO small, and so corrupt,
and SO unfit for the positions they had oc-
cupied. was not only an Insult to the con-
gress of the United States. but cowardly
attack that was inconsistent with the dig
nifty of any man who occupied a cabinet po-