The herald., 1896-05-26

| poWeI 10 levy 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 ap-
| propriate it to the same object The
! term debts includes those debts or
claims which rest upon merely equit-
| able or honorary obligation and which
would not be recoverable in court of
law ii existing against an Individual
| Their recognition depends solely upon
| congress- Whether it will recognize
claims thus founded must be left to the
discretion Of that body. Payments to
| individuals, not of right or merely legal
| CLAIMS, 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 virtue
or the acts of congress, appropriating
the public money, ever since its founda-
tion.
Some Of the acts were based upon con-
| siderations of pure charity.
:. The indirect or war risks" ejected by
| the general arbitration tribunal, but
paid by congress-, and the French spolia-
! ton claims are cited as instances Of
| payments that are not Of right but in
the nature Of q gratuity and as an act
| or grace, and it is said that the pay
ment to provide for similar claims has
been recognized by state governments
| and sustained; for example, by the New
YORK court of appeals in the case of the
| town of Guilford VS.. supervisors of Che
| mango county
MIR. Bowler, comptroller Of the treas
ury. has taken prompt measures to
| comply with the decision today of the
supreme court in the sugar bounty cases.
In letter to the auditor of the treasury
department he states that the claims
| of the Realty company of New Orleans
and the Oxnard Beet Sugar company,
| under the act Of March 2, 1896 are. now
! approved for payment and recommends
that the Oxnard claim be withdrawn
from the court Of claims. Bowler rec
osnizes that todays decision in these
test cases applies to all properly au-
thenticated claims under the act of
March 2, 1895. and will proceed at once
to pass them for payment. The amount
which Will be required to pay the cane
1000. which, if all are paid before July
l. will increase the deficiency in the
fiscal year to about $50. 900. 900
In conclusion the court says:
I'm regard to the question whether
the facts existing in any given case
brings it within the description Of that
class of claims which congress can and
ought to recognize as founded upon
equitable and moral considerations
and grounded upon principle of right
and justice, we think that generally
such question must, in its nature be for
congress to decide for itself. Its decis-
ion recognizing such a claim and ap-
propriating money for its payment can
rarely If ever be the subject of review
by the judicial branch Of the govern
ment. Upon the general principle.
therefore. that the government Of the
United States through congress has the
right to pay debts of the United States
and that the claims in these cases are
of the nature which that body might
rstrr ftsIl 40 tn 30 l.kk
payable by the United States upon con-
siderations of justice, and we think
the right Of congress making provis
ions for the payment OF. such claims
| was valid without reference to the Ques-
| ton of the validity or invalidity of the
| original act providing for the payment
| of bounties to manufacturers Of sugar,
as contained in the tariff act of 1890. The
| judgments on these cases are right, ir
| respective OF how that question might
be decided or any conclusion that might
be reached upon other questions sug-
gested at the bar"
INDIANS RIGHTS.
The supreme court in an opinion by
Justice White today passed upon the
right Of Bannock Indians to kill game
in the unsettled lands of their former
reservations in Wyoming, holding that
under their treaty Indians could not kill
game in violation of the game laws of the
state.
The title of the case was ]. H. Ward.
sheriff. vs. Race Horse, the latter being
the Indian who surrendered himself to
the Wyoming state authorities for the
purpose of ting the matter. The opin-
ion of the supreme court of Wyoming
by which Race Horse was released from
custody was reversed and 1t was ordered
that the Indians be remanded to the GUS
tody of the state authorities.
NEUTRALITY LAWS.
Chief Justice Fuller today delivered
an opinion in the supreme court in the
case of the United States VS.. j. 8. WI
borg. captain of the steamer Horsa. and
others. The case Is one advanced by
the court at the instance of the attorney
general for the purpose of securing
decision as to the construction of our
neutrality laws and their effect in pre-
venting filibusHering expeditions
against friendly powers. Wiborg and
his associates are accused of attempt
ing to land arms surreptitiously In Gu
ba. They were found guilty under the
neutrality laws of the United States by
the court at Philadelphia.
Today's opinion held that the decis-
ion Of the Pennsylvania court was cor
rect on the point that the expedition
was a violation Of neutrality laws. The
judgment was affirmed as to Wiborg.
but reversed as to Mates Johansen and
Peterson, on the ground that they were
ignorant of the purposes of the expedi-
ton. Justice Harlan concurred in the
reversal of the judgment as to Peterson
and Johansen, but dissented from the
Judgment affirming the sentence
against Wiborg.
THE WRIGHT LAW.
The supreme court adjourned until
next October. There was no decision
in the Wright irrigation case and none
will be transmitted by the appellate tri-
bunal until that time. kilograms have
been pouring in from all over the coun-
try asking about the decision Of the
court in this case. There are over $780,
900, 900 involved and the court is going
rather slow on its decision.
The case is an appeal from decision
Of Judge e. M. Ross Of the Southern
California circuit court. He declared
the Wright irrigation law of California
unconstitutional, and therefore all the
bonds are invalid. Many of the terri
tories and western states are waiting
this decision, as they intend in the event
of it's being declared constitutional to
model laws after the Wright irrigation
act of California. Some of the most
distinguished lawyers have argued the
case before the supreme court. The court
is divided and it is said that the judges
fayoring an affirmation of Ross'S de-
cision insist on further deliberation and
consideration.
Watching for BIanther
DENVER, Col, May 25.-The chief of
~atoa hoe haon notified tn he IN tho