New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-07-03
THE COURTS TO BE KEPT OPEN.
no OBSTRUCTION OF USUAL BUSINESS PROBABLE
WINS OF GOVERNMENT OFFICIALS.
IBY TELEGRAPH TO THE TRIBUNE.

no OBSTRUCTION OF USUAL BUSINESS PROBABLE
WINS OF GOVERNMENT OFFICIALS.
lBY TELEGRAPH TO THE TRIBUNE.l
WASHINGTON, July 2.-Tbe National Republican
viii tomorrow contain an important article known
to reflect the views of prominent official in regard
to the condition in which the courts are placed by
the failure of the appropriations for Marshals.
Consultation with various officers of the Govern
ment, including the accounting officers, who have
to pass upon tho construction of the law, shows that
the Acknowledgement will succeed III keeping the
courts open for all usual business. This attempt
will be made under construction of section 1878
of the Revised Statutes to the effect that the
ton does not prohibit the fulfment of the intent
of the existing law, although it plainly forbids the
expenditure OF any money in excess of apprOpria-
tons. threads as follows:
Section 3G79. No department Of the Government
SHAH eXpend IN any one fiscal year any sum in excess OF
appropriations made by CONGRESS for that fiscal or
the Government In any contract for future pay
ment OF money ia excess OF such appropriations.
The argument is advanced by those who main
tain the foregoing construction Of this section that
the word contract theTn contained cannot and
must not be applied 10 the action of a marshal who
serves process and performs any other official
duty under the requirements Of the existing law to
which "fec is annexed" 1t is further argued
that the liability of the United States incurred by
the service of such process for the performance OF
Sucn duty, suCh ices, l. not IN tine nature OF
contract within the meaning of this section. 1t is
also maintained that officer who incuTs this liabil
ity. which is remote one dependingupon the action
OF Congress itself Tor Its complete recognition, will
be held guitess of any infracton of the section in
question: and that he cannot do otherwise under his
oath of office than TO execute the mandates of the
courts. I'm other words, II is claimed that the full
hlment of The existing laws and their faithful exc
cuton in the administration Of justice, the par
amount duty Of marshals despite the failure Of Con-
gress to make appropriations therefor and that the
officers in the absence of any appropriation assume
all risk themselves of being reimbursed or of being
paid fees provided for by those laws.
To sustain this course Of reasoning attention is
called to the fact that the President, in his several
veto messages bearing upon this subject, laid espe
cal stress upon the prohibition contained in riders
against ncurrng liabilities under the execution of
laws; also to the fact that the Army, when Con-
gress failed to make any appropriation for its
pay or support, proceeded with its accus-
toned duues incuung liabilities for sala-
Ties, transportation, ETC., during the Inteuegnum
Of four months. and il was not held that liabilities
then incurred were contracts in the meaning of tins
section.
1t is proper to add that the opinion Of many good
lawyers in Washington is directly at variance with
this construction Of section 3,679, and that the
leading Democrats who have studied and analyzed
j. declare the belief that ii Attorney General
DcycHs should directly encourage or ndOTse an at
tempt TO keep ne courts open under H. he will rem
der himself nIDIc 10 impeachment. The opinions
thus expressed are based upon the assumption that
TIE majority Of Congress at the late session was so
desperately intent upon prohibiting the Department
OF Justice from mourning any liability, however re-
mote TO indirect IN the execution OF the National
election laws, that while such construction OF sec
uOn36I9 might be overlooked fapplIed only to the
ordinary business Of the courts II would certainly
mol be overlooked if Its applications were to be cX
tended 10 he appointment of Deputy Marshals, ana
the recognition OF their services by the Department.
Any attempt" said one Democratic member last
night, by the Administration or Attorney General
DeNehs TO twist the law or to eyadc the prohibition
Vi restriction we have imposed upon them would
certainly result IN the Impeachment Of the offender
whoever II might be" all OF which may be accepted
Us an empty threat, for tue Democrats are not
t'IoAR enough TO convict IA the Senate.