The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-06-23

atory OF the sundFy civil appropriation
bill, approved March last. The most In
teresting features OF the joint resolution
are the repeal Of the clause which author
lied and empowered the Secretary OF Wal
to lease water power at Moline TO the
Moline Water Power Company, and the
appropriation OF $4,000 for the extension
OF military telegraph lines from Helena,
NJ. T., and from Fort Elliott, Texas, west
ward.
N'CRARY's NOMINATION WITHDRAWN.
The President to-day sent to the Senate
the following:
doubts having arisen as to the pro-
priety Of appointing in advance OF the
actual vacancy, to occur September |, 1870,
person to llll the office Of Judge OF the
Circuit Court ofthe United States for the
Eighth Circuit, hereby Withdraw tho
nomination. for that Office OF Geo. MCCrary,
Of Iowa."
The message will he laid before the
Senate ut tho nOxt executive session.
VETO or TIE JUDICIAL BILL.
WAsnNGToN, June 29.-The President
at an early hour tomorrow afternoon will
send to the House OF Representatives a
message announcing his approval OF the
army appropriation bill. His Private Sec
retary will at the same time deliver 10 the
House a message from the President re.
turning the judicial expenses apprOpria-
ton bill without approval. The veto mes.
sage will bG comparatively brief docu-
ment, not exceeding 1000 or 1900 words.
The Presidents objection to the approv.
al Of this bill will be directed solely
against the clause in its second section,
which provides that no department OF
officers Of the Government shall, during
said fiscal year, ending June 80, 1880,
make any contract or incur any liability
under any Of the provisions OF article %
OF the revised statutes, authorizing the
appointment or payment OF general
or special deputy marshals for service on
election days until appropriation sufficient
TO meet such contract, or pay such liability,
shall have first been made by law. The
President in his veto message will take the
ground that it is his sworn duty under the
Constitution to see that every law upon
the statute book be faithfully executed, un-
til repealed, or pronounced invalid by Il
competent tribunal; that the appointment
OF deputy marshals for Congressional elec.
tions in California and the Western Dis.
trict OF New York will be required by
title twenty.siX Of the Revised
Statutes during the next fiscal year, and
that although the fulillment OF this re-
quirenent may be OF very little practical
iinportancCas regards those elections. They
nevertheless illustrate principle, and he
therefore cannot attach his signature TO q
measure which proposes to prohibit the
execution ofthat law by precluding the
necessary appointments.
The message will also assert that, al
though thousands OF cases arising under
the Federal election lays have been before
the courts in various parts OF the country,
their constitutionality has never yet been
called in question, and that, aside from his
hitherto expressed convictions as to their
importance and value, he must continue
to enforce them until they are set aside by
the proper judicial tribunal, or repealed
by means provided In the constitution.
The President fully comedies the right
OF Congress to stipulate for what purposes
the various items Of money appropriated
by it shall be used, and finds no ground
for Withholding his signature from this
bill, in its failure TO make any appropria-
ton for compensations OF Deputy Marshals
OF election. 1t will also be noticeable that
he makes no objection,whatever to its pro-
visions for the repeal OF the juror stest
oath, and for amendments Of the present
law in regard to the method Of drawing
iu!ies.
An existing law prohibits the diversion
from that for which it is specifically made,
and the first section Of this bill, after mi
nutely detailing the objects for which va
rious items are separately appropriated,
concludes with the following explicit dec
laratIon; "And no part Of the money
hereby appropriated is appropriated for
any salaries, compensation, fees, or ex-
penses, under or in virtue Of title 90, Re-
vised Statutes, or any provision Of said
title.