Show SUGAR BOUNTY SENATOR CAnSTSItV TALKED AT fIE hEARING TESTEUDAY Lays Down Several Propositions and Conilucs Himself to the Constitutionality Con-stitutionality of the Law WASHINGTON Aug 9Senator Caffery took the hoer when the sugar bounty hearing was resumed today He began by eliciting from Mr Bowler a brief statement of his position which I that gentleman said was based prin cipaly on the belief that the law was unconstitutional M Caffery then made the following propositions as containing in brief the points that he would attempt to make FirstThat the judiciary power lodges by express constitutional grant in the judicial department and that alone Second If any judicial function lodges in any other department i must I be by express constitutional grant and if it lodges in the executive department I I at all it must be in its chief alone and I I not in his subordinates Third Conceding for arguments I sake that the bounty law is not constitutional con-stitutional i is not so clear as to warrant war-rant the interpretation that i is un coi titutional even from a court much ttutonal less from a ministerial officer I is not prima facie unconstitutional FourthEven conceding the unconstitutionality uncon-stitutionality of the law the power lies in Congress to appropriate money especially where it is approprated for the purpose of repairing a wrong or injury inflicted by Congress itself He then proceeded to elaborate these points in an argument devoted almost exclusively to the constitutionality of the bounty law Mr Bowler frequently during Senator Sena-tor Cafferys remarks intimated that the difficulty that he Bowler encountered en-countered was to find authority on the part of Congress to reenact legislation which has been declared unconstitu considered binding tional and have it on the executive officials but Mr Caffery contended that the congressional congres-sional powers were unlimited Speaking Speak-ing of the uncertainty of such questions ques-tions when every occupant of the comptrollers office enforces his own opinion he called Mr Bowlers attention atten-tion to the fact that he was subject ton to removal at the will of the president presi-dent dentIf he said your views do not suit him he can get a comptroller whose views do suit I the comptroller was given the power which Mr Bowler was disposed to claim that office would become of no less judicial importance than the United States Supreme court Mr Caffery said that after the sugar trust became convinced that a duty I was to be placed on sugar it had I ransacked all the corners of the globe for sugar until in July 1S94 they had secured between 800 and 1000 million pounds more of sugar in this country I than there had been the year before In consequence of this action the price of sugar had been less under the ad valorem tariff than when sugar was free He dealth upon the damage which had been done to the sugar industry in-dustry which he said was trembling Jn the balance Large sugar plantations planta-tions could be bought for a song Mr Caffery referred to Mr Bowlers Intentions as a proposed usurpation of the executive saying that such action was more likely to destroy the consti tution than rebellion itself I was a blow more destructive than death sapping the vitals of the republic I II was necessar that the various departments depart-ments should be maintained maintined independent indepen-dent of each other I You have said he < invaded the Judiciary and overthrown i Let it be understood that there is a power concealed behind all these grants from the people and there is such a thing as an end of government and of constitutional con-stitutional control I therefore beg you to pause on the threshold of this acton ac-ton and weigh the dangers and responsibilities re-sponsibilities of the step that you are about to taker take-r Caffery consumed the entire day with his arguments and as a conse quence the conclusion of the hearing was continued until tomorrow |