The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-16

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 today and furnished the feature
of the proceedings in the lower house.
1t was led by Mr.. Baker .(Rep) of New
Hampshire and was supported by
Messrs. Moses and Livingston Dem)
of Georgia, Mr.. Boatner Oem) of
Louisiana and Mr.. Meredith Dem.) of
Virginia. Some
VERY HARSH THINGS
were said and applauded, especially by
Mr.. Boatner, who referred to Mr.. Nor
ton contemptuously as that individ-
ual" and not voice was raised in his
defense.
The general debate on the agricultu-
raj bill during the consideration of
which the attack was made, was
closed by adjournment. Several bills
of minor Importance were passed and
q resolution was adopted directing the
judiciary committee to inquire into the
right of an executive officer to refuse
to execute d law on the ground of its
unconstitutionality, and to report by
bill or otherwise This investigation
grows out of Controller Bowler's decis-
ion in sugar bounty cases.
Mt Fay of New York in presenting
the resolution said that Mr.. Bowler's
II eiilt to question the cOnstftutionality
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
executive, officer executed an unconsti-
tutional law at his peril
When the house met today the sen
ate amendments to the bills to incor-
porate the National Society of the
Daughters of the American Revolution,
to grant leave of absence to home
steaCiers on the Yankton reservation,
and to lease certain lands in Arizona
for educational purposes, were con-
Cured in.
Mr. Ray Rep) of New York called
up the Boatner resolution directing the
committee on judiciary to
INVESTIGATE THE RIGHT
of the comptroller of the treasury to
refuse to execute the law on the
ground of its alleged unconstitutional
ity. and if it was found that he mad
violated the law, to report by bill or
otherwise, which had been amended
so as to make inquiries general into
the right of executive officers to refuse
to execute laws on the ground of'their
nconstitutionality. This resolution
was the outcome Of the decision Of
Comptroller Bowler in the sugar boun-
ty cases. Mr. Ray explained the long
controversy which had resulted in the
comptroller's decision. 1t must be
conceded on all hands" said he, that
the question is not free from doubt. >
The committee, he said, had thought
it best to make the inquiry general,
instead of combining it to the right of
single officer. The resolution was not
reported. he said, with a view to CEN
surfing. any officer, but to determine
whether it was proper to recommend
an amendment for the enlargement or
restriction of the scope of the law.
Mr.. Terry Dem.) of Arkansas, mem
Der of the judiciary committee, said he
did not desire to make any opposition
to the resolution, but he wanted to go
on record as opposed to the Interior
purpose sought to be obtained. He be-
Tieved that an executive officer execu-
ted an unconstitutional law at his
peril. and that it was, therefore, his
duty to inquire into the unconstitu-
tionalfty of statute when the matter
was brought directly to his attention.
The resolution was adopted.
PUBLIC LAND PATENTS.
Mr.. Lacey of Iowa, chairman of the
committee on lands called up a bill
to extend the provisions of the act of
March g. 1891, under which suits might
be brought to vacate and annul patents
upon public lands for five years, as 10
the original grantees. AS to bona hide
settlers the bill provided for the eX
piration of the limitation March 3
next. Mr. Lacey said the bill was in
response to the recommendation of the
president and involved about 60,000,O00
acres, including Mexican, Spanish and
railroad grants.
Mr. McRae Dem) of Arkansas Of
fered substitute to repeal outright
the limitation fixed in the act of 1891.
The result of the experiment tried by
the Fifty-first congress. said Mr. Nc
Rae. demonstrated that there should be
no limitation. The act of 1887 protected
every innocent purchaser of railroad
lands A sovereign government. which
was obliged to act through it's agents,
should have the right at any. time to
expose a fraud. After some discussion
the consideration of the bill was post
pcned until the agricultural appropria-
zion bill, which was pressing for con-
sideration, had been disposed of.
1.-THE, SPIRIT"
Then, at $40 p. M, the agricultural
Dill was taken up MI w duSWOIlu
(Rep) of Kentucky, chairman of the
agricultural committee, yielded to Mr..
Willis Den.) of Delaware to explain
the measures. He said it was fully
UP to the spirit of the time" carry
ing S145, 1858 less than that of the last
congress, of which the celebrated Hol-
man, whose record for retrenchment
was known throughout the world, had
Mr.. Baker Rep., N. HI led in an
attack on Secretary Norton for refus-
ing to use the seed appropriation in
the current law. The present bill
again appropriated $1S6.OOO for seeds.
we will" he added force Secretary
Morton to either execute the law or
abandon his office.
Mr.. Moses Dem, Ga) declared that
John c. Calhoun was not more of a
nullifler than j. Sterling Morton. He