The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-06-26
The Veto Of the Judicial Expenses Bill

The Veto Of the Judicial Expenses Bill
WASHINGTON, June 23.-The President
to-day sent to the House OF Representative
the following message vetoing the Judicial
Expenses bill:
To the House of Representatives:
After careful examination of the bill en-
titled ian act making appropriations fo
certain judicial expenses, [ return it here
with to the House of Representatives. ir
which it originated with the following obiec
tions to'its approval:
The general purpose of the bill is to pro-
vide for certain judicial expenses of the
Government for the fiscal year ending June
30, 1880 for which the sum of two million
six hundred and ninety thousand dollars il
| appropriated. These appropriations are re-
quired to keep in operation the general func-
tons of the judicial departments of the Gov
eminent, and if this part of the bill stood
alone there would be no objection to its ap.
prevail. 1t contains, however, other provis-
ions, to which, desire respectfully to ask
your attention.
At the present session of Congress ma
jority OF both Houses favoring a repeal OF the
Congressional election laws, embraced in
title 2G OF the Revised Statues, passed meas
ure for that purpose as part of bill entitled
San act making appropriations for the legis-
lative, executive and judicial expenses of the
Government for the fiscal year ending June
3d. 1880, and for other purposes Unable
to concur with Congress in that measure, on
the Doth Of May last l returned the bill to
the House of Representatives, in which it
originated, Without my approval, for that
further consideration for which the Consti-
tuition provides. On reconsideration the bill
was approved by less than two thirds of the
House, and failed to become the law. The
election laws, therefore, remain valid enact
ments, and the supreme law of the land,
binding not only all private citizens, but
also alike and equally binding upon all who
are charged with the duties and responsible
tiles of the legislative, the executive and the
judicial departments of the Government.
IL is not sought by the bill before me to
repeal the election laws. Its object is to de-
feat their enforcement. The last clause of
the first section is as follows.
''And no part of the money hereby appro-
priated to pay any salaries, compensation,
fees or expenses under or in virtue of title
twenty-six of the Revised Statutes, or of any
provision of said title.''
Title 20 of the Revised Statutes, referred
to in the foregoing clause, relates to the
elective franchise, and contains the laws
now in force regulating the Congressional
elections.
The second section of the bill reaches much
further. 1t is as follows:
"Sec. 2. That the sums appropriated in
this act for the persons and public service
embraced IN its provisions are in full for
such persons and public service for the fiscal
year ending June 80 1880, and no depart
ment or officer of the Government shall, DUR
ing said fiscal year, make any contract or
incur any liability for the future payn ent of
money under any Of the provisions OF title
26 OF the Revised Statutes of the U. S. au-
general or special deputy marshals for SER
vises in connection with elections or On cleo
ton day, until an appropriation sufficient to
meet such contract or pay such liability shall
have first been made by law"
This section of the bill is intended to make
an extensive and essential change in the ex
isting laws. The following are the provis-
ions of the statutes GA the same subject which
are now in force:
s'Sec. 2679. No department OF the Govern
ment shall expend, in any one fiscal year,
any sum in excess of appropriations made by
Congress for that fiscal year, or involve the
Government in any contract for the future
payment of money in excess of such appro-
priations.
''Sec. 1872 No contract or purchase on be-
half of the u. S. shall be made unless the
same is authorized by law or is under an ap
preparation adequate to its fulfilment, except
in the War and Navy.Departments for cloth
ing, subsistence, forage, fuel, quarters or
which, however, shall not
exceed the necessities of the current year,
The object of these sections of the Revised
Statues is plain. 1t Is, first, to prevent any
money from being expended unless appro-
priations have been made therefor; and, Sec
ond, to prevent tue Government from being
bound by any contract not previously author
lied by law, except for certain necessary
purposes in the War and Navy Departments.
Under the existing laws the failure of Con-
gress to make the appropriations required
for the execution Of the provisions Of the
election laws would not prevent their en-
forcement. The right and duty to appoint
the general and special deputy marsbals
which they provide for would still remain,
and the Executive Department Of the Gov
would also be empowered to incur
the requisite liability for their compensation.
But the second section of this bill ontains
prohibition not found In any previous legis-
lation. Its design is to render the election
law imperative and dead letter during the
next fiscal year. 1t is sought to accomplish
this by emitting to appropriate money for
their enforcement, and by expresslysprohib-
ting any Department or officer OF the Gov
from incurring any liability under
any of the provisions of title twenty six of
the Revised Statutes authorizing the appoint
ment or payment of general or special depu-
ty marshals for service on election days, I'M
til an appropriation sufficient to pay such |
liability shall have first been made.
The President is called upon to give his
Affirmative approval to positive enactments
which in effect deprive him of the ordinary |
and necessary means of executing laws still |
eft on the statute book, and embraced with
in lis constitutional duty to see that the laws
Ire executed. If he approves the bill and |
thus gives to such positive enactments the
OF law, he participates in the cur
,ailment of his means Of seeing that the law
s faithfully executed while the obligation of
The law and of his constitutional duty re-
mains unimpaired.
The appointment of special deputy mar
halls is not made by the statute spontan.
'ous act of authority on the part OF any exc
'utive or judicial officer of the Government,
'ut is accorded as popular right Of the Cit
zens to call into operation this agency for
occurring the purity and freedom of elections
n any city or town having twenty thousand
iihoOibduto VI upWdIus OcCLIOu lUll VI LIE
devised Statutes puts it in the power of
my two citizens of such city or town to re-
Iuire Of the district the appointment OF these
pecial deputy marshals. Thereupon the
lnty OF the marshal becomes imperative,
nd its non performance would expose him
o judicial mandate or punishment, or to re-
noval from office by the President, as the
of his conduct might require.
The bill now before me neither revokes this
popular right Of the citizens nor relieves the
MARSHAL of the duty imposed by law, nor the
President ofhis duty to see that this law is
aithfully executed.
for5ear to enter again upon any general
discussion of the wisdom and necessity OF
he election laws, or of the dangerous and
principle of this bill, that
he power vested in Congress to originate
preparations involves the right to compel
he Executive to approve any legislation
which Congress may see fit to attach to such
ill, under the penalty of refusing the means
leeded to carry on essential functions of the
government. My views on these subjects
I,no,, ~ |