Omaha Daily Bee Newspaper, August 9, 1895, Page 5

SCORED THE COMPTROLLER | Sonator Blanchard Make: Bome Very Pointed Remarks to | took HIS POWERS IN NO SENSE JUDICIAL |, M", UEEN I | maelf n Crentore of the Very Law le Songht (o Set Aside as e Unee tionnl, Was WASHINGTON, Aug. 8.--The hearing In the sugar bounty case now pending beforc Comptroller Bowler was resumed in the office | rooms oi the latter this morniug. Another large, Interested crowd was present, among nt men In publie affalr them many promin i Senator Blanchard began the day's proceed- | ings, speaking from a carefully prepared | | | anugeript. In substance he spoke as fol lows SENATOR BLANCHARD'S ARCGUMENT. Benator Blunchard of Lou'slana sald t he and the gentlemen associated with would present the argument under general heads. They would contend, first that the comptroiler of the tr without auth rity the valldit of an act of cong the | appropriation ¢ d in qu ¢ | stitutional warrant; third not | censtitutional, strong eq - | fying congress in making the appre and that congress has cquitable jurisdic m The senator said he would address him self more particularly to the first « tion. The claim in qu n, that th Oxnard company of Neb A, was passed upon by the aic the treasury and allowed. He ¢ the amount due t the comptroller tronsury and that official, who is I by law to also pass Gpon It, appearirg to have doul as to his duty in the premises, suspended the claim “The doubts of the comptroller arise, as I understand it sald th it on the constitutionality of th law The ac of congress I8 precise, plain, clear an mandator. The aititude of the comptroller is on of apparent resfstance to the execution of an act of congress. Quesiions of grave and serious import arise’ An extraordinary spectacle 1s here presented. Three gent men, who as senators of the United State actively participated in the passage of th bounty appropriation throuxh (he senaic and two members of the house of on tatives who did the same in t body are present at this hearing. And whi purpose? ent before a subording official of sury sons why exect congress. U what degenerate tim have we fallen that high leg'slative officer of the government fecl compelied in the discharge of their public duties to appear personally and urge that effect be give 10 a law of the land. It would seem that thelr duties do not end with the enactment of a statute. They must needs follow | up in the executive branch and see to it execution,” What, he asked, s the nature of th office of comptroller? ~What its duties powers, jurisdi an the comptrolier question " the of an act of con gress? [s he more_than admini trative or ministerial offi xecute the law as he comptroller of the treasu his sanction to the proper proceedin quired to take this money from the ury after its appropriation by congress appropriation whatever is safe The president, it seems approve an appropriation act as o whole or veto it a® a whole. He cannot by the constitutio approve certain items of appropriation in the bill and vers others which do not mee his approvil, bui not so the comptroller He {5 circumscribed by no such narrow it An act of congress, said the senator, ap proved by the president Is not a guid t he no for the t y officials, is not a for drawing money from’ the treasury his own peculiar test of its constitut is applied to it hy the comptrolle pretensions of the comptroller, as Mr Blanchard called them, he denied utterly. PURELY A MINISTERIAL OFFICE. The acts of congress, Mr. Blanchard as- serted, constituted the comptroller an ad- ministrative or ministerial officer invested with no judiciai duty whatever. The most that could be cialmed for him was that he was & ministerial officer with quasi judicial functons. The law heretofore referred to directs the payment of money to the sugar producers upon the ascertainment of thel claims in ths manner provided by the law It 18 a ministorial act to be performed Quasi judicial functions may be exercised in deciding the amount due upon the state of facts presented, but only this is decided and every step leading up to the payment of the money is a purely ministerial ‘act Mr. Blanchard then pro 1 to examine into “the racter of the office of comp troller to_see what purpose it subser the admfnistration of the Treasury d.part ment and he contended that the pe:snn holding it was but an accounting giticer Having, as he said, shown that ths tom, troller should be considered a ministerfal officer only, although he performed certain quasi judicial functions, the senator pro ceeded” to inquire whether it was within the comptroller's province to question the validity of the statute unler consideration After quoting numerous authorities and citing dectsions he asserted that the very utmost that the executive branch could do In the way of iuquiry into the con atitutionality of a law was to ask the opinion of the attorney general. But the abt of congress constituted a rule operative only by the comptrolle il it was d 1 by the judicial powers void. The question under considerntion in the hearing, Mr. Blanchard poiuted out, wa once_the sibject of an Investigation by the Thirty-xixth congress, when the comp troller refused to exccute a law of that body occasion *he vonclusion reached mmittee that in action t was a matle fnquiry” to know how f ministerial *or subor government can be D the law, to question ti of congress, to find the non-exécution of 10 this be permitted without rebuke it would be sub- Versive of all law, QUESTIONED BOWLER'S FOWERS. While Mr. Blanchard was discussing the question of the power of the president to in terfere with the enforcement of a law en- acted by congress, Mr. Bowler asked him whether he (Bowler) derived his power from the president or the statute creating his office, to whick Br. Blanchard replied that the president himself could not revise the law The president, he declared, was without power to forbid the execution of a statute It is made his duty to execute all laws, and if he must execute them how can he, or a subordinate of hus, nullify them? “But,” re- plied Mr. Bowler, “I take the ground that if a law Is unconstitutional, it is null and void." By Blanchard—That is correct, after a law has been declared unconstitutional by the United States supreme court, but not before. The president and no one under him can forbid the execution of @ law on the sup position of unconstitutionallty without him selt violating the constitution. It does not rest with you or any other executive officer to originate an objection of unconstitutional ity Senator Manderson suggested the income law as an instance, The incom: tax law, was never constitutional.” It was," replied Mr. Manderson, “until it was decided by the United States supreme court not to be so. Mr. Bowler—I should like to see the author ities for that statement Mr. Blanchard—We shall give them to you fn great abundance before we conclude this argument Mr. Blanchard took issue with Mr. Mander son, holding that the comptroller's powers were only administrative, and in no respect Judicial SCORED THE COMPTROLLER u," he exclaimed to Mr. Bowler, “are a mere creature of the law; there is nothing constitutional about you He called at- tention to the fact that in making up the position he had taken, Mr. Bowler, a creature of the Fifty-third congress, had set himself up to question the validity of another law of the same congress. He could Just as consistently question the validity of the law creatiug his office, and thus present to the world the absurd spectacle of & gov- ernment official decapitating aimselt. Further- more, if Mr. Howler had the power to ques- tlon a law, and refused to execute it, any other officlal of the government, down to the messengers of the departments, all hav- ing taken the same oath, would have the same right to refuse to perform a duty in execution of & law because they, forsooth, might come to the conclusion that the statute was not in accord with the pravisions of the constitution. 1t was, Mr. Blanchard con tended, a remarkable spectacle that thre senators and two representatives, who had alded in creating & law, should have to appear before a subordinate executive oficlal was that execut rof the ) ko behind ta: said Mr. Bowl i T R W Y M I . g by necersity, and when the ofielsls of the er. | ecutive departm Juty to exeeute the laws. lowing the example of their big sister city, Chadron hak of Education for SOLDIERS I THE SUNSHINE| LINCOLN MAY HAVE RACES ered (t uwu' Douglas County Veterans Enjoying Out- | Effort to Put the Driving Park in Shape door Life at Beunington. and_although. Twylor was engaged for tw t Official, | the swesr Bounty He sald he had m one of which he salary of $1,300 per | AT THE REUNION WILL GET IN A GOOD SHORT CIRCUIT f his time to action of the boar | lieve for a moment that efther the president | Pleasures of the Blanchard clo more than five after speak- to state what ac BENNINGTON, 8.—(Speeial | will take, LINCOL Thomas J. Semmcs are to be heard on | raise $10,000 for the purpose of putting Lio- coln park in conditi meetings. The cg levelopments may Benningto problem set before them is to find 100 men | at the gate. Palmer L. Clark, the Red Oak Irees Are Brenkd 1 filed away fostivities commer arrival of every and a half miles southwest of town, are at This orchard both of which Among the early morning arrivals | | will see that suitab »s about even, He assures t the command of Major trees have broken rees have broken | yercial club that he ean bring the world ators to an of the exeeutive branch of the cor the Douglas County committee of one Harrizon club. and was active in the last campaign and when politics began to look Timme, Pyburn, | others met and revived | It was then the split | n to find an img coln park and inc The program of the Nebraska merchants’ No Floods No Heated Terms. annual outing is now e tains some rathér attra will be held at Lincoln park August 5. There is to be a street parade, h the Nebraska S the city officials and fire department aro ex pected to participate. Speeches will be mad Hon. T. Shafforoth of Ihuver, Senator | eller of Colorado, Senator Allen and Hon, | J. Bryan. This might can attribute his good fertilizing or Congregational the old organization. canvass for a seat in the legislature last fall | One four-horse all the small chil His resignation tached to it, so the other fellows say. tain element lating itself that the Jeff and John Jenkins occupied the time | the business meeting of A number of new names w until 4 o'clock the association private carriages e supplied with bath- costumes and enjoyed an hour or two in erson precinct sta bobbed up serenely | little importance was transacted time was indulged in by all a general good he other fellows announcing the death of Mrs. was until re In the afternoon and even- be delivered by Comrades chairman and Ci ident of this place. Jacob Hauck esident from South Omaba and each county Spalding and Dr. Swartzlander WORK OF THE BUSINESS 8 the business session of the the following re membership scond California nd Towa infantry; Davld Meyers ourth Tllinois sharp shooters; W. Seventeenth ighty-sixth Indlana Infantry; Christian Endeavor Soclety' Young Woman'' and the “Model the meantime cavalry; 8. Van- a forty-foot betts, J. L Judges court; C Jude where the clans we:e instructed to emphasized the fact that the old soldiers are of Public Lan and Buildings held a meeting . Sixtieth Ohio infantry: Thomas J. | yi¢ aernoon and let the contract for the new the occupants of the to understand t Pennsylvania The scheme to hold a meeting here today of the Harrison club died bidder for | mred the contract Other bidders wer & MeCastle, hird Kentucky wefth Wisconsin i cond New York wder the anspiee the meeting did not but the supposition is that the head organization concluded to call off his the enmity of th the main we bid was $8,67 homas Reed, braska_infani Contractor Furman jogs rather than jority of the old soldiers en; n chock full of as) rth Towa sntantry. plumbing for the new butlding was secured ia atta company of Lincoln, at $2,394, they being the flowed as frecly as water down a drain pipe TUEASREL8 o L yAbsRRduIE | Grand Island Plumblr 40; Pomerine, Nebraska infantry Sixteenth Michigan infantry; John ighth Pennsylvania infantry. offered by Sec- Otto Schneider- Dividing the District. Hastings, H, following resolution retary Feenan was adopted rminded of the uncer- The residents of school distri adjolns this city on the north and west, are af torn up over a proposed chang: 1t has been 14 was to be divided added to adjoining districts, thus wiping it out of existence. lis attorneys, McDonald ‘kays it will be pushed rapidly forward twenty-fourth session of the Nebragka legislature has just s of this life enthusiasm and enfoyment of our first mely, that genial comrade Yesterday A. A. Sargent, by secretary of state. is a book comprising applied for a temporary injunc tion restraining the commissionc Geddes has turne neatly executea d out a_well compiled and in this line, compares. most favorably with s from mak- haracter and wor heard next month. Captain Mapes of company C, Nebraska Na- has received ny (o attend Camp Logan 1 on the journal of the as- soclation for all time (o ¢ ROSTER OF THE VETS Following is the roster of soldiers and sail Camp Crook registered Indian Cattle CHADRON, ves Captored. orders for the comy contest at Hastings from Augus on would se Judges Hall, Holmes and A. J. Cornish for ; Ti ; < 3 the bench and Sam Low for clerk of the dis- nights. The mean temperature is 42 to 66 degrees. The trict. coart. United States better known Daikanberger Young, official interpreter. e in the eity tonight enroute to Hot having in charg night Miss Nora Karstens was elected to the sergeant; Robert Wilderman, Omab nited States Artillery, ordnance man: all of Pine Rid for bids for 150 tons of soft coal and seventy-five cords of wood. be examined by the view of sending her SALEM, Neb., Aug. gram.)—The Salem Interstate Chautauqua sergeant; M ersey cavalry private; William Osborn, Elk H., private; A. I Waterloo, K 123, New York, pri- Second Towa Biatd ot 1 ity with with stealing cattle on the res:rvation. Martin and (he escaped suspect be ceded the Wyoming and we vation without leave from their a special policeman under Cap tain Penny and is evidently much disturbea Pine Ridge reser Bennett, South tle Hawk is of immigration, granting of the franch Howes, South Omaha, corporal; Weiner, South Omaha, Tiinois cav- nsley, South O George Burt returned Saturday from a ten at the Lincoln normal It Ulingis cavalry 0 hearing at Hot Springs Benfington, G B, Wisconsin infantry, funeral of a brother Patlent Co tending the Towa Infantry, Telegram.)— Collicut, a patient at the Lincoln Ames Thurman Sutton and Geneva addressed 2,000 people of Nebraska upon the this placa this afte Women's Christian Harding, South Omaha, C 9, private; Isaac Wilt, Benning'on, E 4 Towa cavalry, seen by an attendant alive. he had tied a sheet 11:30 it was James H. Kyner private; P. E. Lacy, Bedford, la!, K diana infantry, sergeant; Alex last evening at the home of Mrs. Omaha, F 46, Ohlo infantry, Congregational ibson, Omaha; church exchanged pulpits Sunday with Rev. n Cambridge, 3 S suffering from munion service and received six Pennsylvania I* 85, Ohio infantry, | A" coroner’s inquest will be held and the John Jenk!ns, Work of Thieves ALLIANCE, ha, H 31, lowa infantry, private; Pat O playing near the railroad crossing with sev. , Omaha, H'2, passenger struck him of S‘monson k of the head, hurling him a distauce of Council Bluffs, promiscuously. ture of the skull. His condition Ohio cavalry, adjutant; at the WORLD'S FAIR, and at the ANTWERP EXHIEBITION, The thieves boldly rode of Weeping Wat A Weeping Water merchant who was return- ing home from a trip to the country saw the thieves riding away. YORK, Neb., disastrous fire occurred on the living four miles northwest his barn and Two sons of Marshall, who were sleeping in the barn, narrowly es- (Special Telegram . Wisconsin infantry, « Condition granary were burned Infantry, private; Giff Rallsbs the Burlington system in Nebraska with the | flames from the granary was stored about 300 bushels of wheat, which was entirely farm machines covered by insur alry, sergeant; Hinsel, Omaha, v was also burned. corn s in excellent condition all along the | Bryan and Mr. Semator P 69 United States Miss Capltola Willlams will ver and Salt Lake in The east and west sides played a game of the following names ent today in this county looking after some interests he has hr addressed th nd tonight he teachers of Rock county ending institute. nderson, Omaha y-fourth Indians Reed, Waterloo, D, Se H, One Hundred of the east side. ond New York Irrigntion Distriet Organized, well received by a large aulience, cond lowa cavalry, private; Twenly-sixth an, Omaha, B private; Thomas L venth Towa infantry, Eighty-sixth Osterler, Omaha ef Killed by Lightning. election just held here to organize the pro- | posed Gering irrigation district, which covers York cavalry, private First Nebraska infantry a ‘ranchman Scotts Bluff in the central election | sulted in a vo Illinois infantry K, Twenty-seventh Pennsylvania K, Twenty-sixth ot of | He leaves a family of organization small children n Needed in Second Nebraska will probably not be canvassed, but it is supposed that the center divis form the distric Peter McFarlane Knapp assessor. P Affalrs at Clay Center. NTER, Neb., Aug. 8. gation from this place attended bulk of it averaged from: five to fiftee Pastures are are feeding . Sayre was e treasurer and H hirty-fourth fowa infantry, sergeant; M orty-fifth Ohio infantry Lelgh, Neb., C fantry, private; R ty-sixth Indiana iofantry . Sixty-fourth Illinois in Culp, Elk City Twenty-fourth In — Romine, Waterloo, Burglars Rob u Store, PLAINVIEW, fantry, private; hth Ohlo infantry burglars through a door in the basement last Grand Master Gearhart being the orator of dred and Twenty-second Tt e S O jewelry taken. Thare is no clew | son, Bleventh Indiana battalion; W. Valley, B, Fifteeuth lowa infantry, private; James Cruickshank Clay Center ball blow with a n Fairfield and Clay hitting him elose to the right eye. the short stop of the BASSETT, Neb. Rock county was visit Nebraska infantry this evening G, Sixteenth John Skirving will make a fair August 15, and will consist of 8 not get too dry the weather ¢ Cuming County Repub Showers at Big Springs. BIG SPRINGS, The republican eounty central committee ts bl g gy ey o Ninety-elghth New York infantry, private for the purpose of and appeal for the ex: time had been, he said, when thls was not cution of the law. The cality this afternoon, which did a world of cailing a county conventlon to elect delegates fon Vacant. to the judicial and state conventions. CHADRON, Neb., Aug. 8.—(Special.)—¥Fol more rain will fall tonight. husband’s work?” Does he have to do anything as for a Meeting. What can a man do that's ¢ wittee Hustling for $10,000 teo If he has ar ke Adwvn se nn Offer Mude by Palmer Clark of clolus Track. 7N (Special)—A commit-| not sympathy, T i that you want for was uat race | right hard work at the wa 1 for semi sver, A. G. Billmeyer, F. W. Baldwin L. Hooper and C. W. Cockrell. from needless rubbing, horseman, says that if the citizens of olu will attend to this preliminary he y purses are hung up. | e members of the Lincoln Com- | ¢ is city, and that races here can | § - GO SOUTH., GO SOUTH made fully as successful as at Red Oak Joseph and other western cities. It will necessary to enlar the grounds of Lin Xe prosEnt. Aceominots No Drouths, No Hot Winds, pleted and con- | Ve features. It | No Blizzards, No Cold Snaps, «bvs|f No Long Cold Winters, No Crop Failures. ate band, in which all of | yen and wheelwomen of the city, | sesm to indicate that it was intended to make it a free sil ver that such is not the ing will be one of the ranging f The Lancaster blow-out, but the people are assured | tention. Bleycle rac- features, with p m $15 to $1 tlon sucqeeded in securing a fre ver plank in its platfo In the state convention this . . . was defeated by the efforts of C. . Bantley The Most Equable Climate in America. The county convention endorsed three of the nominges of the free silver d perats, nam- . . .. . . ing the following county ticket: A. 8. Tib The great {ruit growing and vegetable raising district Mack, H. C. Bittender, dist o . . . *Biker, olerkc o the iateic of the South. A soil that raises anything that grows GV Roceher, shertfts & W ner®e | and a location from which you reach the markets of the Dailey, superintendent of public instruc- | | whole country. ~ Your fruits and garden truck sold os tion; A. D. Guile, commisisoner; H. H. . L ¥ Hard, coroner; Thomas Doubt, surveyor. |8 the ground and placed in Chicago, St. Louis and New Omaha people in Lincoln At the Lindell H. T. Leavitt, H. D. H . ck, Mrs. Frank Hayward, Miss Helen Spot of Aml:rlc.’l Leavitt At the 4 the Capital—Victor White At the Lin R Orleans markets in 12 to 24 hours.—In this garden Windsor—J, A, Care; Drexel, H Davis y URBIAR | properly worked makes you more money and makes it ::“‘“ |-|:x...'.““m. “1“""‘"‘::_::' easier than the best 160 acre farm in the west. (}ruj(len tlonx in Severnl Wards. products are a wonderful yield and all bring big prices. s aL Tt Sl v mates Strawberries, peaches, plums, apricots, grapes. pears, SRt T e S werh Sheltu an figs, early apples, in fact all small fruits, are sure and the wards of the city tonight. Interest cen- profitablc crops. ters on the fight for clerk of the district court, which lies between C. H. Rohman and TWO and Three Crops Can Be succcssfu“y Sam Low. In the Fourth ward reside Judges Hall and Holmes, candidates for re-election Grown the Same Year. to the district bench. The delegation from thi pledged to support the ¢ First ward who secures a majority of the del- egation. This probably means A, J although E. Wolley will make a strong fight in the convention. The chances are favorable CLIMATE am Low in the Fourth. There were two . Timber is abundant--Lumber is cheap—TITuel costs noth- ward is for both these candidates and % % by s didate from the ing—Cattle are easily raised and fattened—Grazing is Cornish, fine all the year. tings in the Third ward, which means LB (A Thel neria oo Is heal'hy and delightful; land and sea breezes and cool average rainfallis 36inches. No extreme of heat or cold; sufficient rain for all crops. Ente fal - Tele: (Spey sented by Superintendent Shields is con- iho st over un-'rlwlym the north- Offers greater advantages to the intelligent settler. One Beht Danal toatirut thix! moralig 6o Py : rue. Ameriotn,t. favosing tho! Cassation half the work you now do here will give four times the e k9 results in this wonderfully productive country, Twenty to woman and advocating the prohibition of the 4 b 1 A liquor trafic. Collin Ham cf Georgla de- forty acres in this land of plenty is enough to work and ed vorite lecture this ernoon ol B = e o i e qelineation of || is sure to make you nfoney. Do the work and the re- southern customs before_the war was well sults are secured; there is no such thing as failure, - The received. Hon. J. C. Watkins of Lincoln people are friendly, schools, churches, newspapers, are financial question from the gold standpoind A e et Gk o5 S e e il it plenty; railroad facilities fine and a soil whose richness Nivaninid SRurianguan Niel g lienn )l is unsurpassed, all invite the enterprising man who be here withot 3 evening Bdward . R 3 v e i eanrared s Samant | wants to better his own condition and that of his family. audlence since Sunday—4,000—with his im- | . i A personations. The weather is Ah'\.glnh‘ll. The most Carefu”y se]cC(Cd ]ands n ‘I‘e bCSt frl]lt, and | garden sections we now offer in tracts of ten to forty | acres, at reasonable prices and terms to those who wish to avail thenselves of the wonderful resources of the hs . [ Apozzzna}’zs country now attracting the great tide of immigration, Full particulars given upon application, Correspon- dence solicited. “THE QUEEN OF TABLE WATERS. GEO. W. AMES, Received the munr.;;' AWARD General Agent, 1617 Farnam-St., Omaha, Neb LORILLARDS (imaX Plug IS MUCH THE BEST When buying CLIMAX PLUG, always look for the little round red Tin Tag. It's the sign by which you can protect yourself against inferior brands. It is an assurance of quality, purity and substance. It rep resents the word and honor of the oldest tobacco manufacturers in Amer- g ica and the largest in the world. When you want a delicious chew, a lasting chew, a satisfying chew, be sure and get LORILLARD’S CLIMAX PLUG hard as your « washing and scrubbing? It can't be. s hard, for most — men, as this constant house- drudgery is, for most women? y sympathy for you, tell him to get you some Pearline. Sympathy is all very well, but it's Pearline, iing and cleaning, of Lincoln citizens has gone to work to| Nothing clse that's safe to use will save you so much down- ashtub or about the house. It saves imittee comprises Dr. | money, too—saves the ruinous wear on clothes and paint s