The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-05-26
The Validity Of the Appropr+a-
tions Sustained.
SUPREME COURT DECISION
Action Of Comptroller of the
Treasury Reversed.
A FlLIBUsTERING CASE DECIDED
Supreme Court has Adjourned Leaving
On Docket Smaller Number of
Cases Than at Any Time
Since 1876.
Since 1876.

once 1910.
Washington, May 25.-The United
States Supreme court adjourned to-
day for the term after delivering 27
opinions.
During the term the court has dis
posed of 4S7 cases, leaving 535 on the
docket, a smaller number than have
remained at the close of any preced-
ing term since the close of the term
in 1876. In addition to those finally
disposed of argument has been heard
in 26 cases in which opinions were not
rendered.
The most important of the cases
which go over is that involving the
constitutionality of the California r.
rigatiOn law.
Among the opinions rendered to-day
was one sustaining the validity of the
appropriations to carry out the sugar
bounty features of the Mckinley and
Wilson tariff acts by a unanimous
opinion affirming the decision of the
Circuit court for the Eastern district
OF Louisiana and reversing the action
of Comptroller of the Treasury Bow
Ter, who refused to permit the pay
ment of the bounties on the ground
that the act was unconstitutional.
The cases involved were those of the
United States, plaintiff in error, VS..
the Realty Company and Andrew H.
Gay respectively. The opinion of the
court was delivered by Justice Peck
ham. Both were test cases. The real
ty company was one of a class coming
under the terms of the appropriation
to those who had manufactured a cer-
tain class of sugar previous to the
28th day of August, 1894, and upon
which no bounty had previously been
paid. The repeal of the bounty clause
in the act Of 90 by the act which took
effect on the 39th of August, 1894, and
which prohibited the payment of the
bounties thereafter, prevented the
company from obtaining the money
on the warrant which had been issued
to it prior to that date There were
comparatively few people coming un-
der the class in which the company
stood, and the appropriation made
for the payment of that class was a
little less than $250,000.
The plaintiff in the other suit, Mr..
Gay, is one of a class coming under
tie second POI t;c;i 81 81 th- ., sc.ct o. 1890.
he being among those who complied
with the provisions of the Bounty act
as contained in schedule +, of the act
of October /. 1890, by filing notice of
application for license and bond as
therein required, and who would have
been entitled to receive a license as
provided for in said act and a bounty
of eight-tenths of a cent per pound
on the sugar actually manufactured
by him during the period commencing
August 2S, 1894, and ending June 80.
1895 The amount of bounty claimed
by Gay is between $4,000 and $4,000.
The persons forming this class are
numerous, and the appropriations for
them amounted to S5,000,0O0. Comp
troller Bowler had based his action
largely upon a decision by the Court of
Appeals of the District of Columbia,
that the sugar bounty clause of the
Mckinley act was unconstitutional.
The Supreme court, in its opinion to-
day, said that for the purposes of the
cases it was unnecessary to decide
whether such legislation is beyond
the power of Congress, but that in
either case the appropriations of
money in the act of 1895 to manufac-
turers and producers of sugar, who
had complied with the act of 1890,
were within the power of Congress to
make and were constitutional and
valid
Another important opinion was de-
livered by Chief Justice Fuller. in the
case of the II. s. VS.. J. II. V. s. Wiboro.
Captain of the Horsa and others. The
case is the one which was recently adj
vanced by the court at the instance
of the Attorney General for the pur-
pose of securing a decision of the court
as to the construction of our neutral
ity laws, and their effect in prevent
ing filibustering expeditions against
friendly powers. Wiborg was the
captain of the Horsa and, with his
associates, is accused of attempting to
land arms surreptitiously in Cuba.
They were found guilty under the neu-
trality laws in the United States court
at Philadelphia. To-day's opinion
held that the decision of the Pennsyl-
vania court was correct on the point
that the expedition was a violation
of the neutrality laws. The Judgment
of this court was affirmed as to Wiborg
but reversed as to the mates Johan-
sen and Peterson, on the ground that
they were ignorant of the purpose of
the expedition. Justice Harlan con-
Cured in the reversal of the Judgment
the sentence against Wiborg,
the captain of the Horsa.