The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1896-02-20
Angry Congressman After
These Victims
Democratic Members the Chief As
sailants of These Democratic Off
cials-Threats to Impeach Them if
They Refuse to Garry Out the Law
Morton's Charges of Fraud in Seed
Sales.

proceedings in the lower house. 1t was
led by MIR. Baker (rep. N. H., and was
supported by Messrs. Moses and Living
ston tdem, Ga.), Mr.. Boatner (dem.,
La and Mr.. Meredith (dem., Val Some
very harsh things were said and APP
Plauded, especially by Mr.. Boatner. who
referred to Mr.. Morton contemporary
as "that individual" and not voice was
raised in his defense. The general de
bate on the agricultural bill, during the
consideration of which the attack was
made, was closed by adjournment. Sew
eral bills of minor importance were
passed, and resolution was adopted di
recting the judiciary committee to in.
quire into the right of an executive
officer to refuse to execute a law on the
ground of its nconstitutionality, and to
report by bill or otherwise. This inves-
tigation grows out of Comptroller Bow
ler's decision in the sugar bounty cases.
Mr.. Ray of New York, in presenting
the resolution, said that Mr.. Bowler's
right to question the constitutionality of
law was admitted on all hands to be of
doubtful legality.
Mr.. Terry, of Arkansas, on the other
hand, expressed the opinion that an ex-
ecutive officer executed an unconstitu-
tional law at his peril.
When the house met 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 home .steaders on the
Yankton Indian reservation, and to
lease certain lands in Arizona for edu-
cational purposes, were concurred in.
Mr. Ray, REP. N. " called up the
Boatner resolution directing the COM
mittee on judiciary to investigate the
right of the comptroller of the currency
to refuse to execute the law on the
ground of its alleged unconstitutionality
and if it was found that he had violated
the law to report by bill or otherwise,
which had been amended so as to make
inquiries generally into the right of ex-
ecutive officers to refuse to execute the
laws on the ground of their unconstitu-
tionality. This resolution was the out
come OF the decision OF Comptroller
Bowler in the sugar bounty cases. Mr..
Ray explained the long controversy
which bnd rasultad fror, Tho Co.., nt.ou
er's decision. at must be conceded on
all hands" said he, "that the question is
not free from doubt" The committee
had, he said, thought it best to make the
inquiry general instead of combining it to
the right of single officer. The resolu-
ton was not reported, he said, with
view to censuring any officer, but to de
termine whether it was proper to rec
ommend an amendent for the enlarge
ment or restriction of the scope of the
law.
Mr.. Terry, Democrat of Arkansas,
member of the judiciary committee,
said he did not desire to make any fac
titious opposition to the resolution, but
he wanted to go on record as opposed to
the Interior purpose sought to be OBJ
tanned. He believed that an executive
officer executed an unconstitutional law
at his peril and that it was therefore his
duty to inquire into the unconstitution-
ality of a statute when the matter was
brought directly to his attention. The
resolution was adopted.
Mr. Lacey of Iowa, chairman of the
committee on public lands, called up a
bill to extend the provisions of the act of
| March 3, 1891, under which suits might
be brought to vacate and Tannul patents
upon public lands for five years, as to
the original grantees, AS to bona fide
settlers, the bill provided for the expira.
ton of the limitation March'3d next Mr..
Lacy said the bill was in response to the
recommendation of the president, and
involved about 6o,ooo,ooo acres, includ-
ing Mexican, Spanish and railroad
grants.
Mr.. McRae dem. Ark offered sub
stitute to repeal outright the limitation
fixed in the act of 1891. The result Of
the experiment by the Fifty-fr con
gress, said Mr. McRae, demonstrated
that there should be no limitation, The
act of 1887 protected every innocen
purchaser of railroad lands A sover
eign government which was obliged t,
act through its agents should have tn
right at any time to expose fraud.
After some discussion the considera
ton of the bill was postponed until tn
agricultural appropriation bill, whicl
was pressing for consideration, had beei
disposed of.
Then at 3lo p. m, the agricultural bi
was taken up. Mr.. Wadsworth Ire
\. W chairman of the Agricultur;
committee, yielded to Mr.. Willis (Den
Dell to explain the measures. He sal
it was fully up to the spirit of the time
" carrying SI4s,3sS less than that of II
last Congress, of which the celebrate
Holman, whose record for retrenchme
: was known throughout the world, hi
been member.
Mr.. Baker REP, \. " led in an
tack on Secretary Morton for refusing
:. use the seed appropriation in the cure
J.
= law. The present bill again appropriat
$4,000 for seeds. ave will" he add
fierce Secretary Morton to either es
cute the law or abandon his Office"