Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1879-06-23
Second Edition.
= O'CLOCK, p. NJ.
THE STALVART
Hayes Sticks to His Party
And vetOes a Bill for What Was
,g Not in 1t, r
Starving the Army to Freeze Out
the Democratic Party. bu.

AN'o"SN WINS ehO IuuACldl GA pSllS6
bill:
To the House of Representatives After
careful examination Of the bill entitled an
act making appropriations for certain
Judicial expenses, / return it to the house
of representatives, in which it originated,
with the following objection to its appro-
val:
The general purpose Of the bill is to
provide for certain judicial expenses of
the government for the fiscal year ending
June 30, 1880, for which the sum of 81
69OOOO is appropriated. These appropria-
hons are required to keep in operation the
general functions OF the judicial depart
ment Of the government, and if this part
of the bill stood alone there would be no
objection to its approval II contains,
however, other provisions which | desire
respectfully TO ask your attention. At
the present session of congress a majority
of both houses favor repeal
Of the congressional election laws
embraced in title 26of revised statutes. and
passed measure for that purpose as part
Of the bill entitled "an act making appro-
priations for legislative, executive and iu-
dicial expenses Of the government for the
fiscal year ending June 80, 1880, and for
other purposes" ! am unable TO concur
with congress in that measure. On the
18th of May last | returned the bill to
the house of representatives, in which il
originated, without my approval for that
consideration for which the constitution
provides. On a reconsideration the bill
was approved by less than two-thirds of
the house, and failed 20 become law.
The election laws, therefore. remain
valid enactments and the supreme law of
the land binding not only upon all pri-
vate citizens, but also alike equally bind
ing upon all who are charged with the
duties and responsibilities of the legisla-
tive, executive and judicial departments
Of the government. .fo.f
1t is not sought by the bill before me to
repeal the election laws. It's 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, COM
pensation fees or expenses under or in
virtue of title 26 Of the revised statutes.
or of any provision of said title" Title
20 Of the revised statutes referred to in
the foregoing clauses in relation to the
elective franchise contains laws now
in force regulating congressional elections.
The second section of the bill reaches
much further Itas follows Section 2.
That the sums appropriated in this act,
for persons and public service embraced
in It's provisions, are IN full for such per-
sons and public service for the fiscal year
ending June 80, 1880, and no department
or officer of the government shall, during
said fiscal year make any contract or IN
cur any liability for the future payment
Of money under and of the provisions of
title rs Of the revised statutes of the
United States, authorizing the appoint.
ment or payment of general or special
deputy marshals for service in connection
with the election or on election day, until.
AN appropriation sufficient to meet such a
contract or pay such Il liability shall have
first been made law" This section of the
bill is intended to npke an extensive and
essential change in the existing laws.
The following are the provisions of the
statutes on the same subject which are
now in force: Section 2679. No depart.
ment of government shall expend in any
one fiscal year any sum IN excess Of appro-
priations made by congress for that fiscal
year or involve the government in any
contract for the future payment Of money
in excess Of such appropriations" Sec
tion 2I32. No contract or purchase on be-
half of the United States shall be made
unless the same be authorized by law or is
under the appropriation adequate to its
fultillment except in the war and naval
departments for clothing, subsistence,
forage, fuel quarters or transportation,
which, however. shall not exceed the
necessities of the current year"
The object of these sections of the re-
vised statutes is plain 1t is intended first
to prevent any money from being .ex-
pended unless an appropriation has been
made therefor; and second, to prevent the
government from being bound by any
contract not previously authorized bv
law, except for certain necessary purposes
in the war and navy departments. I-9t
Under existing laws the failure of con-
gress to make appropriations required for
the execution Of the provisions Of the
election laws would not prevent their en-
forcement; the right and duty to appoint
general and special deputy marshls.
which they provide for, would still re-
main, and the executive department of
the government would also be empowered
to incur the requisite liability for their
compensation but the second section of
this bill contains prohibition not found
in any previous legislation, its design be-
ing to render the election laws inOpera-
tive and dead letter during the next
fiscal year.
1t is sought to accomplish by oiniting
TO appropriate money for their enforce
ment and by expressly prohibiting any
department or officer of the government
from incurrng any liability under any of
the provisions of title 2G Of the revised
statutes authorizing the appointment or
payment of any general or special depaty
marshals for service on election days until
an appropriation sufficient TO pay such
liability shall have first been made. The
President is calledupon TO give his affirm
ative approval to positive enactments,
which, in effect deprive him of the ordi-
nary and necessary means of executing
laws still on the statute books and en-
braeed within his constitutional duty To
see that the laws are executed. If he APP
proves the bill and thus give to such posi-
tive enactments authority Of law, he parti-
cipates in the curtailment of his means
of seeing that the law is faithfully execu-
ted, while the obligation Of law and of his
constitutional duty remains unimpaired.
Tho appointment Of special deputy mar
shals Is not made by the statute sponlat
neous act Of authority on the part ot
any executive or judicial officer Of the
government, but is accorded as a popular
right of the citizens to call into operation
tbs agency for securing the freedom Of
elections in anycity or town having. twen-
ty thousand inhabitants or upward. Sec
tion 2O2l of the revised statutes puts It IN
lhn nnmnr- 4 INV Two nili lana -nf snnh ril,