Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1879-06-26

such liability shall have first been made by law
This section of the bill is intended to make
an 49,, ,.~,.
EXTENSIVE AND ESSENTIAL CHANGE.
in the existing law. The following are pro-
vision Of the statutes on the same subject
which are now in force: - -
Section 1897. No department of the government
shall expend in any one fiscal year any sum in
of the by Congress for that fiscal
year or involve the government in any contract for
future payment Of money in excess of such appro-
priations.
Section 2,742 No contract or purcha Sc on behalf
of the United States shall be made, unless the same
is authorized by law or is under an appropriation
adequate to it's fufnment, except in the navy
departments. for clothing, subsistence, forage, fuel
quarters transportation which, however, shall not
exceed the necessaries of the current year: .-,
The object of these sections of the revised
statutes is plain. It is, first, to prevent any
money from being expended unless appropria-
tions have been made therefor; and second, to
any contract not previously authorized by law
except for necessary purposes in the war and
navy departments. Under existing laws the
failure of Congress to make appropriations re-
quired for the execution of the provisions Of
the election laws would not prevent this en-.
forcement. The right and duty to appoint
general and special deputy marshals, which
executive department. of the government
would also be empowered to incur. the requi-
site liability for their compensation; but the
second section of this bill contains a prohibi-
ton not found in any previous legislation. Its
design is to render the - ~ - = --
ELECTION LAWS IMPERATIVE
and dead letter during the next fiscal year.
appropriate money for their enforcement and
by expressly prohibiting any department Of
hcer of the government from mourning any
liability under any of the provisions of title
26 of the revised statutes authorizing the ap-
pointment or payment of general or special
deputy marshala for service on election days
until an appropriation sufficient to pay such
liability shall have first been made. The Presi.
dent ia called upon to give hi. affirmative ap.
prevail to a positive enactment which in effect
deprives him of the ordinary and necessary
means of executing the laws still left On the
statute book and embraced within his constitu-
tional duty to see that the laws are executed
If he approves the bill, and thus gives to such
positive enactments
THE AUTHORITY OF LAW,
he participates in the curtailment of his means
of seeing that the law is faithfully executed,
while the obligation Of the law and Of his CON
stitutional duty remains unimpaired. The
appointment of special duty -marshals is not
made by statute spontaneous act of authority
on the part of any executive or judicial officer
of the government, but is accorded as a popu+
lar right of citizens to call into operation this
agency for securing the freedom of elections
in any city or town of '20,OO0 inhabitants or
upward. Section 2.021 of the revised statutes
puts it in the. power of any two citizens of
such city or town to require Of the marshal Of
the district the appointment of these. special
deputies; thereupon the duty Of the marshal
becomes imperative and it's non-perf Torrance
will expose him to judicial mandate or pun
yishment, or to removal from office, by the
President, as the circumstances and his conduct
o1rp1,% X
revokes, this popular right of the citizens or
relieves the marshals of the duty imposed by
law, nor the PRECEDENT of his duty, to nee that
the law; is, faithfully executed. I forbear to
enter again upon any general discussion of the
wisdom and necessity of the election laws or
the "
DANGEROUS AND UNCONSTITUTIONAL PRINCIPLE
of this bill: The power vested in Congress to
originate appropriations involves the right to
compelt the executive to approve any legisla-
tlon which Congress may see fit to attach to
such bills, under penalty of refusing the means
needed to carry on an equal function of the
government. My views on these subjects have
been sufficiently expressed in special messages
sent by me to the House of Representatives
during the present session. What was said in
those messages regard as conclusive to nv
duty in respect to the bill before nue.. The ar
fgumenta used in those communications against
he repeal Of the election laws and against the
light Of Congress to deprive the executive Of
hat -
e SEPARATE AND INDEPENDENT DISCRETION
and Judgment which the constitution confers
and requires, are equally cogent in opposition
to this bill. This measure leaves the powers
and duties of the supervisors Of elections un-
touched. The compensation of these officers
is provided for under the pc: manent laws and
no liability, for which an appropriation ia NOW
required, would therefore be incurred by their
appointments; but the power of the national
government, to protect them in the discharge
of their duty at the. polls would be taken
away. The State may employ both, civil and
bill, even civil authority IS protect Congress
sional elections is denied the general govern
ment. The object Is to
PREVENT ANY ADEQUATE ooNrRo1
by the United States over national elections.
by forbidding the payment OF deputy mar
shals of elections who are clothed with au-
thority to enforce the election laws, The fact
that these; laws are deemed Objectionable by
the majority, of both houses Of Congress- is
urged as q sufficient warrant for this :ieeisla-
ton. There are two ways always to eyerturn
legislative enactinents one Is the repeal, the
other is to a3deoision of arcompetent, tribunal
against their validity. This BILL seeks to de-
privef the executive department of the govern
ment of the means to execute the. laws which
are not repealed, which have not been declared
invalid. and which it - therefore the duty of
the executive aud every other department or
the government to enforce. Il have in nv for
mer message on this subject expressed nv
Willingness to concur III suitable amendments
for the improvement Of the election laws. but
Icannot consent to their absolute and entire
repeal; aud 7 cannot, approve Legislation which
seeks 7 e prevent theiF spfe5ce@sat; -
M>rru To-