Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-06-23


has approved the army appropriation bill.
VETO NUMBER FOUR.
THE JUDICIAL EXPENSE BILL.
Washington, June 23-The following is
the text OF the presidents message vetoing
the judicial expense bill:
10 THE HOUSE OF REPRESENTATIVES,
After careful examination OF the bill en-
titled an act making appropriations for Ger
tain Judicial expenses, l return 1t herewith
to the house Of representatives In which 1t
originated with the following objections to
It's approval. The general purpose Of the
bill is to provide for certain judicial ex-
penses OF tho government for the fiscal
year ending June 30lh, 1880, for which the
sum OF f2,G00,OO0 is appropriated. These
appropriations are required to keep in oper-
alton the general functions of the judicial
department of the government, and If this
part of the bill should stand alone there
would be no objection to its approval. 1t
contains. however, other provisions to
which desire respectfully to ask your at
tention. AT the present session of con-
gress majority OF both houses tavoring a
repeal of the congressional election laws,
embraced in title 26 OF the revised statutes,
passed measure for that purpose as part of
bill entitled an act making appropriations
for the legislative, executive and judicial
expenses OF the government for the fiscal
year ending June Both, 1880, and for other
purposes. Unable to concur with congress
in that measure, on the 29th of May last |
returned the bill to the house ofreprescnta.
tivcs in which it originated without my ap-
prOval. For that further consideration for
which the constitution provides, on recon-
sideration. the bill was approved by less
than twothirds of the house and failed to
become q law. The election laws, there
fore, remain valid enactments and supreme
law OF the land, binding not only upon all
private citizens but also alike and equally
duties and responsibilities of the legislative,
executive and judicial departments of the
government.
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 follows "And no
part of the money hereby appropriated is
appropriated to pay any salaries, compen-
satiOn, fees or expenses under or in virtue
of title 26, Of the revised statutes or of any
provision of said title" Title 26 of the
revised statutes referred TO in the foregoing
clause, relates to the elective franchise and
contains laws now in force regulating con-
gretsional elections.
The second section of the bill reaches
much further. 1t is as follows:
Sec. 2. That the sums appropriated in
this act for persons and public service en-
braced in its provisions are in full for such
persons and public service for the fiscal year
ending June 30th, 1880. and no department
or officer of the government shall during
said fiscal year make any contract or incur
any liability for the future payment Of
money under any vf the provisions Of title
&c OF the revised statutes of the United
States, authorizing the appointment or pay
ment of general or special deputy marshals
for service in connection with elections OF
on election day until an appropriation suf
fcient to meet such contract or pay such
liability shall have first been made by law
This section Of the bill Is intended to
make extensive and essential changes in ex-
listing laws. The following are provisions
of the statutes on the same subject, which
are now in force:
Section 2679. No department of the COY.
ernment shall expend in any one fiscal yea,
any sum in excess of the appropriations
made by congress for that fiscal year or in.
volve the government in any contract fol
the future payment OF money in excess o.
appropriations.
Sec. 1882. No contract or purchase or
behalf Of the United States shall be made
unless the same is authorized by law, under
an appropriation inadequate to its fulfill
ment, except in the war and navy depart
ments for clothing, subsistence, forage, fuel
quarters or transportation. which however
shall not exceed the necesitries Of the cur
rent year.
The object of these sections of the revised
statutes is plain. 1t is first, to prevent any
money from being expended unless appro
priations have been made therefor, and sec
ond to prevent the government from beinl
bound by any contract not previously au
thorized by law, except for certain necessar,
purposes in the war and navy departments
Under existing laws the failure of congress
to make appropriations required for the ex
4ecution Of the provisions of the election law
would not prevent their enforcement. Th
right and duty Of general and special depu
" marshals, which they provide for, woul
still remain, and the executive depar,men
Of the government would also be empowere
to assume the requisite liability for thei
compensation. But the second section c
this bill contains prohibition not found il
any previous legislation. Its design is I
render the election laws inoperativ
and a dead letter during the next lsca
year. II Is sought to accomplish this b
emitting to appropriate money for their er
forccmcnt. and bv expressly prohibi,in
nny department or officer Of the govern
meat from incurring any liability under al
Of The provisions Of title 90 Of the revise
statutes authorizing the appointmcn, or pa.
lncnt Of general or special deputy marsha
for service on election days until an ar
ro'ntment aufflcienl 70 pay such lIabili
shall hsvs hfat been made. The prcs'de
II called npoa 10 give his affirmative .
psoyal 70 posittss snsct0est which