| Show mm its constitutionality is discussed TSIE COMPANY CASE A hot argument made by ex senator ad aug 7 the hearing today before comptroller bowler upon atie question of its constitutionality of the sugar bounty appropriation made by congress last session for the crops of 1893 and 1894 arises from ala claims sf aba sugar company of nebraska the first claim wes bottled by the auditor since the passage of the aileon bill by which the old dupar boutie Bof the mckinley McKin lef act were repealed tha internal revenue commissioner baving adjusted the amount of bounties jue the oxnard company referred all papers to the auditor for the treasury department with a statement of aba account thereon the account allowed the amount fixed by the commissioner of internal revenue and certified the da casion to the comptroller for bia approval disapproval or modification aa required by the provisions of the new ac adopted in the act of july aa a result of the labors of the Ditc kery commission that act requires the auditors in making an original construction 0 modification of the existing construction of the statute to report to the comptroller of the treasury their decisions and action antil the comptroller has parsed upon the question tae decision of the comptroller is re quiren to be acted upon by tha auditor whose certificate is made by law final and conclusive upon the executive branch of the government the result is that the decision of the comptroller cannot be reviewed by any other execl live office cf the government claims rejected by the comptroller however may be sued on in the of claims or in certain cases in the circuit and district courts of the united states their decisions deci eions being binding upon him EDIT AGAINST the court of appeals of tho district of columbia in the caso of the unita states ex rel mills planting and manufacturing company versus jann G and joseph H miller man camua proceeding against te secre tar of the treasury and of internal revenue to combel them to appoint sugar inspectors under tha pro of the mckinley act haying ruled that sugar bounties bount iea were ancon the comptroller of the treasury deemed it bis duty to be upon that point before basaing the caim of the oxnard company and tb a precedent for tho payment of auar bounties provided for by the new appropriation he therefore with out making any decision upon the mat ier whatever called upon the counsel of tha oxnard company to he heard upon the question the mattar gives rise immediately to considerable discussion w to abs tbs comptrollers powers and duties and claim baa been persistently made that be had no jurisdiction and waa compelled to obey the laws passed by whether constitutional or not that question will de argued aa well as the of tha bounty appropriations excenator Ex Senator of nebraska made the ural argument in the case he said the under consideration were of great importance not only to hia state bat to the entire unite slates the bounty prodded for in the mckiniry law was a pledge 0 the aar to reward experiments in BUI BU I aar production to the of 2 i per pound it was contract for a term of years and the producers bad a right to raly upon it the state of nebraska he eaid had gone to jirout expense in experiment sta licus for the purpose of teaching tea chine the people bow to grow the beets OF ae boing to ebow the hardships which the repeal of the bounty had worked he oaid that the nebraska farmers had this year planted acres of beeta or acres more than ever before under contracts acta made with the manufacturers Q ho characterized the repeal of the bounty law aa acus and a most unlawful ex encisa of congressional prerogative and referred to it aa a bunco process mr Manda reon declared that if by any method in the treasury department cr in the courts thi boon be denied oar factories lnater beyond any dea crip tion and distress bamond any ity to paint will result abt we plead for BOW ia that conr fact rnea be allowed to ke out an wipe out this industry and you administer almost a death blow to the west the speaker then at length the duties of the comptroller bod bis authority to act in this case which be denied the president said mr manderson Mande raon had passed on the constitutionality of this act nd aft to acknowledge the authority 0 a to jaee an ex poat facio avato only the judiciary coald do this A strone was made showing the constitutionality of the law i many were cited as to pre for bounties senator blanchard is the next Bp sater |
