Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1879-07-06
ARE THE FEDERAL COURTS TO
STOP?

the minority IN Congress, an lnso-
lent, arbitrary and revolutionary
majority prevented the passage of
any law providing for the pay of
United States Marshals. Their OBJ
ject was to cripple the Courts, and
especially to prevent the arrest and
punishment of that class of scoun~
drels who stuff the ballot-boxes,
manage repeaters and carry out
other villianous schemes to defeat,
the will Of the honest voters of the
land. Now, that Congress has adj
journed, those, whose duty it is to
execute the laws which find on the
statute books, are endeavoring to
adopt some plan by which they
may fulfill their sworn duty. The
National Republican of. Thursday
evening contains an important ar
ticIe on the subject, which is known
to reflect the views of prominent
officials in regard to the condition
in which the courts are placed by
the failure of Congress to make the
necessary and lawful appropriations
for Marshals. Believing that our
readers feel an interest in this
question, we give the article in full
which is as follows -r -a
1.-The Administration finds itself Sc
riously hampered in the execution of
the laws, now that the new fiscal year
begun and the Government is work.
ing, go to speak, under the divided,
sub-divided, and maDgled and remain
gled appropriation bills passed by the
Forty-sixth Congress. This statement
applies to all OF the Executive De-
partments, but to none with more
force than to the Department of JUS
tice, against which the most strenuous
endeavOrs of the BOuTbOns in the di-
rection of Notification were pointed.
It Is ascertained, however, that this
Department will attempt to get along
and keep the United States Courts
open for all legitimate business after
some style or another, despite the fail
ure of the appropriation for marshals
fees. This attempt will be made IN
der construction of section 1919 o.
the Revised Statutes, to the effect that
1t does not prohibit the fultillment O
the intent of any existing law, al
though it plainly forbids the expendi
ture of any money in excess of appro
. nriati0na IT Tnads ag follows.
SECTION 3.679. No Department o
the Government shall expepd in any
one fiscal year any sum in excess o
appropriations made by Congress fo
tnat fiscal year or involve the Govern
ment in any contract for the futur
payment of money in excess of sucl
appropriations. lssUL
1.-THE argument is advanced by thos
who maintain the foregoing construC
ton of this section that the word 'con
tract therein contained can not an
must not be applied to the aclionsOf
Marshal who serves a process or pei
forms any other official duty unde
the requirements of existing law t
which fee is annexed It is turtle
argued that the liability of the Unite
States incurred by the service of sue
process or the performance of sue
duty for such fees is not in the natur
of a contract in the meaning of thi
section. It is also maintained that th
officer who incurs this liability, whic
IL remote liability, dependent upo
the action of Congress itself for il
comrlet recognition, will be hel
guiltless of any infraction of the SET
ton In question, and that he could M
do otherwise under his oath of offiC
than execute the mandates of tt
~ a courts. In other words, it is elaine
p that the fulfiIlment of existing laws
their faithful execution in the admin
istratioa of Justice is the paramoul
duty of the ,Marshals, despite the fai
ure of Congress to make appropri
tions therefor, and that the officers,
the absence ofany appropriation, q
sumo all the risk themselves Of beir
reimbursed or being paid the fees pr
vided for by those laws.
To sustain this course OF reasOnil
attention Is ealled-te the fact that Il
President, in his several vetoes bee
ing upon this subject, laid especi
stress upon the prohibitions contain,
in the ''ridersp against mourning Ii
bilities in the execution Of the law
also to the fact that the army, whe
Congress failed to make any appropl
alton for it's pay or support, proceed
with its accustomed duties, incurril
liabilities for salaries, transportatio
subsistence, &C., &C., during an Gnte
regntln1 Of four months, and it w
not held that the liabilities thus /
CURED were contracts in the meanil
the section.
--y~s st is proper to add, in this come
ton, that the opinion of many GO
lawyers in Washington is directly
Variance with this construction of Sc
. stion 1897. and that leading Demecrs
= who have studied and Analysed it, d
clare the belief that Attorney Genel
Devens should direct, encourage, .
. indorse the attempt to- keep Il
courts open under it, he will re
der himself liable to impeachmer
The opinions thus expressed are bas