The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1879-06-27
Tle Presidents Veto.
Why He Refuses to Approve the
Judicial Expenses Bill.
Tn the HoaGsc of Rspresenfafires:

To the House Of Representatives:
After careful examination of the bill enti-
tied An act making epe
to the House of Representatives, IN Whicn u
with the following objections TO
The general purpose of the bill is to pro-
vide for certain judicial expenses OF the Gov
eminent for the fiscal year ending June ~,
1885, for which the sum OF ore Is re aRPrSd
to keep in operation the generaf innctIons OF
the Judicial Department of the Government,
and if this part of the bill stood alone theTe
would be no objections to its approval IL
contains, however. other provisions 70 winch
1 desire respe ctfully to ask your attention.
At the present session OF Congress mayor
fly of both Houses, favoring the repeal OF
THE CONGRESSIONAL ELECTION LAWS
embraced in Title &c of the Revised Statutes:
passed measure for that purpose as part OF
the bill entitled "An act making appropria
lions for Legislative, Executive and Judiciai
expenses of the Governments Tor the nscai
wear ending June 80. 1880 and for other pur-
noses" Unable to concur with Congress IN
that measure. on the 18th OF May last re-
turned the bill to the House OF Represen,a
fiyes in which IL originated, without my ap-
prevail and for that further consideration
which the Constitution provides On recon-
sideration, the bill was approved by less tnan
two thirds of the House and failed to become
n law The Election laws, therefore, remain
valid enactments and the supreme law OF the
land, binding not only upon all private Cit
$.
on all who are charged with the duties and
responsibilities of the Legislative, Executlve
and Judicial Departments OF the Govern
ment. 1t Is not sought by the bill before me
to repeal the Election laws. Its object Is
TO DEFEAT THEIR ENFORCEMENT.
The last clause of the first.sectiOn is as fol-
lows: "And no part of the money hereby
appropriated is appropriated to pay any
Under or in virtue of title e6 of the Revised
Statutes or of any provision OF said title"
Title 26 of the Revised statutes. referred to IN
the FOREGOING clause relates 10 tine Ge torce
regulating Congressional elections. Ihe
second section of the bill reaches much fur
Their. 1t is as follows:
act for all persons and the public services
embraced in its provisions are in full for such
persons and public service Tor the 1scai year
ending June 80, 1850, and no department. or
officer of the Government shall, during sald
fiscal year, make any contract or incur any
liability for the future payment OF money
under any of the provisions of Title &c OF the
Revised Statutes of the United States, author.
izing the appointment or payment OF General
or Special Deputy Marshals for service IN
until an appropriation sufficientto meet such
contract or pay such liability shall have first
This section of the bill is intended to make
an extensive ana
ESSENTIAL CHANGE IN THE EXISTING LAWS.
The following are the provisions of the stat
utes on the same subject, which are now in
force:
Section a619. No Department of the Gov
eminent shall expend in any one fiscal year
any sum ir excess of the appropriations
made by Congress for that fiscal year, or in
volve the Government in any contract for the
future payment of money in excess OF such
appropriations"
SECTION 1882 No contract or purchase on
behalf of the United States shall be made I'M
less the same is authorized by law or is under
an appropriation adequate to its fulfillment,
except in the War and Navy Departments
quarters or transportation, which, however.
shall not exceed the necessities of the current
year" -
of the Revised Statutes is plain. 1t is, first,
to prevent any money from being expended
unless appropriations have been made there
for; and, second, to prevent the Government
from being bound by any contract not previ-
ously authorized by law, except for certain
necessary purposes in the War and Navy De-
partments. Underline existing laws the failure
of Congress to make the appropriations re.
quired for the execution OF the provisions oil
the election laws would not prevent their en-
forcement The right and duty My to apP0 ,inf
they provide for would still remain, and the
Executive Department of the Government
would also be empowered to incur the re
quisite liability for their compensation, but
tine second section of this bill contains pro
hibition not found in any previous legisla
tion. Its design is to
RENDER THE ELECTION LAWS INOPERATIvF
and a dead letter during the next fiscal year
1t is sought to accomplish this by emitting Il
appropriate the money for their enforce
ment and by expressly prohibiting any De
partment or officer of the Government from
fncurring any liability under any of the pro
visions of Title 26 of the Revised Statutes, au
thoriZing the appointment or payment o
General or Special Deputy Marsnals, fo
ton sufficient to pay such liability shall hav'
first been made. The President is called up
on to give his affirmative approval to thes
positive enactments, which in effect depriV
him of the ordinary and necessary means o
executing the laws still left on the statut
book, and embraced within his constitution
If he approves the bill and thus gives to suc
positive enactments the authority of law, h
participates in the curtailment of his mean
of seeing that the law is faithfully executed
while the obligation of the law and of hi
constitutional duty remains unimpaired. Tn
appointment of
SPECIAL DEPUTY MARsHALS
is not made by the statute a spontaneous nc
of authority on the part OF any Executive i've,
accorded as the popular right OF citizens I
call into operation this agenc
for securing the freedom 10 OF elections |
any city or town having 10000 inhabitants o
Section eoel of the Revised Statutes puts
in the power of any two either of sue sue
shall of the district the appoin.
ment of these special Deputy Marshals
thereupon the duty OF the Marshal become
will expose him to judicial mandate or pun
ishment, or to removal from Office by tn
President, as the circumstances OF his con
duct might require. The bill before me Ho'
neither revokes this popular right of citizen
nor relieves Marshals of the duty imposed
law, nor the President of his duty to see tha
this law is faithfully executed.
forDear to enter again upon any geners
discussionof the wisdom and necessity OF
THE ELECTION LAWS
or the dangerous and unconstitutional prin
ciple of this bill, and the power vested 1
ing the right to compel the Executive to ar
prove any legislation which Congress ma
see fit to attach to such bills under the penal
the essential functions of the Government
NV views on these subjects have been sui
1iciently presented in special messages sen
by me to the House OF Representatives dui
said in those messages 1 regard a
conclusive to my duty in respect to tn
bill before me: the argamen a, uagea a, !
the Election laws and against the right OF Cor
gress to deprive the Executive of that sepaI
ate and Independent discretion and 1udgmen
which the Constitution confers and require
are equally cogent In opposition to this bill
This measure leaves the powers and dutie
of Supervisors of Elections untouched. tn
compensation of these officers Is provide
for under the permanent laws, and no liabili
ty for which an appropriation is now requir
ed would therefore be incurred by their az
pointment, but the
POWER OF THE NATIONAL GOVERNMENT
to protect them in the discharge of their dut
at the polls would be taken away. The State
NAV employ both civil and military power a
elections, but by this bill even the civil au
thority to protect Congressional elections
denied to the United States. The object is
prevent any adequate control by the Unite
States over National elections, oy foroiddin