Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1879-07-02
ys,o of TIE Judicial Appropriation Bill.

IN the House or appearances
AMER a careful examination of the bill entitled
IAN act making Appropriation for certain Judicial
,~narses." | return IL herewith 10 tue house OF
reprcsenfa;Iyos, IN which ii originated with the
following
OBJECTIONS
., ,ts approval: The general purpose OF the bill
- IA provide for certain judicial expenses of the
government for the fiscal year ending June 3Oth,
Tsso for which the sum OF s2,69D,O 900 Is approprl-
ated These appropriations are required TO keep
IN operation the general functions OF the Judicial
irpartmeni of the government, and II this part of
the bill $1,000 ATONE tue!e "odiu oe IL U ooJeCtloh
10 its approval.
I desire respectfully to ask your. attention. AT the
uresent session OF congress a majority OF both
hnuses favoring a repeal of the congressional
sieciion laws embraced IN title IS OF the revised
statutes. passed a measure Tor that purpose as
part of a bill entitled IAN act making approprla-
lions for the legislative, executive and judicial
eyueuses of the government Tor the fiscal year
ending June 30. lSS0,and Tor other PURPOSES I'm
sble 10 concur Wild congress in thai measure on
The 2gth of May last, | returned the bill TO the
house of representatives IN which it originated
without my approval for that further constdera
ton for whict the constitution provides. On re-
c0usid Grafton the oil was approved by less than
rwothirds of the house and failed TO become Il
law. The election laws, therefore, remain valid
and the supreme law of The land, binding not
only upon the private citizens. but also alike and
,opaly binding upon all who are charged with
me duties and responsibilities of the legislative,
executive and judicial departments OF the gov
eminent. 1t is not sought by The bill before me
10 repeal the election laws.
ITS OBJECT
il to defeat their enforcement. The last clause of
the fret section is as follows: And no part OF
the money hereby appropriated Is appropriated 10
nav auy salaries. cumpensHtl' n, ices or Expenses
Under OF by virtue OF section 20 OF the revised
statutes, or OF any provision OF said title" Title
~ Of the revised statutes referred To 10 the fore
r,iuu rlpnsp. relates 10 the elective franchise and
contains tue laws now in force regulating con-
greSsional elections. The second section of the
bill reaches much further, and is as follows:
Section 2, that sums appropriated In this act Tor
persons aud the public service embraced in its
PROVISIONS, are in full Tor such persons and pub
lie service for the fiscal year ending June 30,
1850. and no deparlm3 cut or officer OF the govern
ment snail during the fiscal year, make any con
tract or incur any Liability for future payment for
money under any OF The provisions Of the title Of
the revised statutes, authorizing the appointment
Tor payment OF general OF special deputy marshals
for service, in connection with the elections or
on election day, until an appropriation sufficient
|tU meet such contract or pay such liability shall
have first been made by law.
EXISTING LAWS UNREPEALED,
This section of the bill is intended to make an ex,
|tensive and essential change in the existing laws.
|Thc following are the provisions of the statutes on
the same subject which are now i'll force:
Section 2b19. No department OF the government
shall expend in any one fiscal year any sum in c-
tcess OF the appropriations made by congress for that
Fiscal year, or involve the government in any con-
ltact for future payment OF money IN excess of such
l. preparations.
Section 2132. No contract or purchase on behalf
3af the United States shall be made unless the same
j. adequate to its fulillment, except in the war and
&layy departments for clothing, subsistence, forage,
fuel, quarters or transportation, which, however,
SHALL hot exceed the ueCe,sarles OF the current year,
The object OF these sections of the revised
statutes Is plain. 1t is first 10 prevent any money
rom being expended unless the appropriations have
ieen made theretori second, to prevent the govern
kneut from being bound by any contract not pre-.
h iously authorized 10y law, except for certain neces-
kary Purposes in the war and navy departments I'M
der existing laws, The failure OF congress to make
he appropriations required for the execution Of 'hn
provisions Of %ele'tion laws would not prevent their
kniorcement. The right aud duty TO appoint geuer-
and special deputy mar halo, which they provide
or, still remain. The executive depat tment would
or their compensation, but the second section of this
pill contains a prohibition not found in any pre-
lous legislation.
ITS DESIGN
to render the election laws imperative and a dead
etter during the next fiscal year. 1t is sought to
accomplish this by emitting To appropriate money
or their enforcement, and expressly prohibiting
ny department or officer OF the government from
ncnTring any liability under any of the provisions
ute 70 OF the revised statutes, auth 1Iizing the
appointment or payment OF general or special deputy
harStalS for services on election DAY, till an appro-
Fr!ation sufficient to pay such liability shall have
peeu WdIc. Inc vrtsluent Is called on TO give aihr-
hstlye approval to II positive enactment, which in
meet deprlSes him of the ordinary aud necessary
eaus OF executing laws still left on the statute
ook, and embraced within his constitutional duty.
. see that the laws are executed. II he approves
I such a bill and thus give TO such positive enact
leuts an authority OF Jaw. he participates in the
utiallulent OF his means OF seeing that the law is
hthIuIly executed while the obligation of law aud his
Constitutional duty remains uDimpaired. The ap-
ointment of special deputy marshals is not made
y statute, a spontaneous act OF authority on the
art OF any executive or Judicial officer o the gov
'Ameut, but Is accorded as
A POPULAR RIGHT
the citizens to call into operati IN thls agency for
curing the freedom of elections in any city or
own having $1,000 inhabitants or upward.
oe'lon : 2l of the revised statutes puts it in the
were any two citizens of such city or towns to re.
lTe of the marshal of his district, the appointment
these special deputies. The duty of the marshal
comes Imperative. aud its non. performance will
APo'e nm to Judicial mandat' or punishment, or
removal from office by the president, as the cir
INSTANCE of this conduct might require The bill
D" before me neither Ievokes this popular right of
"e c'ilenH, or relieves the marshals of the duty i'm
''ed 10y law, nor tie president of his duty to see
al inns law Is faithfully executed.
soRBE AIRS ENTERING UpnN GENERAL DISCUSSION.
J. iotoear to enter uToG any gener | discussion
" Ie wisdom and npGessity OF the election laws
,ae dangerous ana unconstitutional principle
tnIs PHI ana the power vested in congress 10
ENlte appropriations, Nayolving the right TO
Wpet JhG executive to approve any legislation
ruI' congress may see fit to attach TO such bills
'"r, 'he penalty OF refusing the means needed
.a1! out an essential fuucGiul of the govern
a Hy views on these subjects have been
Hl'hlly presented in special messages sent
Nv " the house OF representatives during
",f present session. What was said in those
~essases regard as conclusive as TO my duty IN
pg't 10 the oil before me. The
Ecu III these communications against
THE REPEAL or THE ELECTION LAWS
rH against the right of congress to deprive the
1--we ~ That separate and independent dis
..yoa aud judgment which the constitution
nd u" ana requires, are equally cogent in oppo
u 20 TINS bill This measure leaves the pow
'uq outies of supervisor of elections nn.
80 ne compensation Of those officers
rIVnioed for under permanent laws and no
-S "r which an appropriation is now re.
a, m,u would therefore be incurred by their APP
'NtR OF THE NATIONAL GOVERNMENT