The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1879-06-26
PRESIDENT HAYES MESSAGE
Announcing His Disapproval of Certain Parts
Of the Judicial Appropriation Bill.


tex: of the Presidents message vetoing the
judicial appropriation bill
10 the House Of Representatives I: After a
careful examination of the bill entitled IAN
act making appropriations for certain judicial
expenses, II return it herewith to the House of
Representatives, in which it originated, with
the following objections to its approval
The general purposes Of the bill is to provide
for certain judicial expenses of the govern
ment for the fiscal year ending June 80, 1850.
for which the sum of $780, 600 is appro-
priated. These appropriations are required to
keep in operation the general functions of the
judicial department of the government, and if
this part of the bill stood alone there would be
no objection to its approval. 1t contains,
however, other provisions to which desire to
ask your attention. At the present session of
Congress: majority of both houses, favor
ing
REPEAL OF THE CONGRESSIONAL ELECTION LAWS
embraced in title sixteen Of the revised stat
utes, passed measure for that purpose as
part of the bill, entitled an act making appro-
priations Tor legislative, executive and judicial
expenses of the government for the fiscal year
ending June 30th 1850, and for other purposes.
Unable to concur with Congress in that meas
urc, on the 10Th of May last, returned the bill
to the House Of Representatives in which it or
iginatcd without my approval for that further
consideration for which the constitution pro-
vidcs. On reconsideration, the bill was ap.
proved by less than twc-thirds of the House
and it failed to become a law. The election
laws therefore remain valid cnactmcnts and
the
SUPREME LAW OF THE LAND,
binding not only upon all the priva:c citizens
bnt also alike and equally binding upon all
who are charged with the duties and responsi-
bilitics Of legislative and judicial duties ot
the government. It is not sought by the bill
before me, to repeal the election laws. Its Oh
jcct is to defeat their enforcement. The clause
of the first section is as follows: And no part
of the money hereby appropriated, is anpru-
priated to pay any salaries, compensations,
fees or expenses under or in virtue Of title 2G
of the revised statutes or of any provision OF
said @itlc." Title 26 Of the revised statues, re-
ferred to in the foregoing clause, relates to the
elective franchise ard contains laws now in
force regulating Congressional elections.
THE SECOND SECTION
of the bill goes much further: it is as follows
Section q That gums appropriated in this act fol
persons and public service embraced in its provisions
are in full for such persons and public service fol
the fiscal year ending June 80, 1881, and no depart
ment officer of the government shall during said
fiscal year make any contract or incur any abiIit!
for future payment Of any money under any of the
provisions of title twentysix of the revised statutes
OF the United States, authorizing the appointment o1
payment cf any deputy marshals for service in con
nection with elections election day, uu an alr
preparation sufficient to meet such contract fol
such liability shall have first been made by law.
This section of the bill is intended to make
EXTENSIVE AND ESSENTIAL CHANGE.
in the existing law. The following arc pro
vision of the statutes on the same subject
which now in force:
Section 1857. No department of the government
shall expend in any fiscal year any in
of the appropriations made by Congress for that sca
year or involve the government i'll any contract fo
future payment Of money in excess of such appro
priations.
Section 2,742 No contract or purchas 80 Oh behal
of the United States shall be made, unless the satut
is authorized by law is under appropriation
adequate to its fulfment, except in the nav,
departments for clothing, subsistence, forage, fuel
quarters or transportation which, however, shall
exceed the necessaries of the current year.
The Oh ject OF these sections of the revised
statutes is plain. 1t is, first, to prevent an.
money from being expended unless approprt
tin,Is have been made therefor; and second, t.
prevent the government frcm being bound by
any contract not previously authorized by law.
except for necessary purposes in the war and
navy departments. UEder existing laws the
failure Of Congress to make appropriations re.
quired for the execution of the provisions ot
the election laws would not prevent this en-
forcement. The right and duty to appoint
general and special deputy marshals, which
these provide for would still remain and 1 h.
executive department of the government
| would also be empowered to incur the rcqui
site liability for their compensation; but Tho
second section of this bill contains a prohibi
tion not found in any previous legislation. 1T
design is to render the
ELECTION LAWS INopERATIvE
and dead letter during the next fiscal year
It is sought to accomplish this by o,nitting t.
appropriate money for their enforcement ant
by expressly prohibiting any department .t
| ficer of the govern ment from incurring an
liability under any of the provisions of It'll
| 26 of the revised statutes authorizing the az
pointment or payment of general or specia
deputy marshals for service on election day
| until an appropriation sufficient to pay sue
liability shall have first been made. The Pres
dent is called upon to give hi, affirmative ar
| proval to a positive enactment which in effec
deprivcs him of the ordinary and necessar
means of executing the laws still left on th
statute book and embraced within his constitr
tional duty to see that the laws are executed
If he approves the bill, and thus gives to sue
positive enactments
THE AUTHORITY OF LAW,
he participates in the curtailment of his NEAR
| of seeing that the law is faithfully executed
while the obligation of the law and of his col
stitutional duty remains unimpaired. Tt
appointment Of special duty marshals is NJ
made by statute spontaneous act of authorit
of the government, but is accorded as q pop,
lar right of citizens to call into operation tn
agency for securing the freedom of election
in any city OF town of 10000 inhabitants
upward. eection 2,O2l of the revised statut,
puts it in the power of any two citizens
such city or town to require of the marshal
the district the appointment of these speci
deputies; thereupon the duty of the marsh
becomes imperative and it's non-pcrforman,
will expose him to judicial mandate or pur
ishment, or to removal from Office, by Il
President, as the circumstances and his condu
might require. The bill now before me neith
1evokes this popular right of the citizens
relieves the marshals of the duty imposed /
law, nor the Precedent of his duty, to see th
the law is faithfully executed. forbear
enter again npon any general discussion of Il
wisdom and necessity of the election laws
the
DANGEROUS AND UNCONSTITUTIONAL PR1NclPI
of this bill. The power vested in Congress
originate appropriations involves the right
! compel the executive to approve any legisl