Stevens County tribune., 1879-07-03
PRESIDENT HAYES MESSAGE.
Announcing His Disapproval Of the Judicial
ADDrODriatiOn Bill,

A6d1NdION3 uEC CO. 1OllOWlHS
is the text of the Presidents message vetoing
the judicial appropriation bill:
Tothe House Of Representatives: After care
full examination of the bill entitled "An act
making appropriations for certain judicial ex-
penses, return it herewith to the House of
Representatives, in which it originated, with
the following objections to its approval:
The general purposes of the bill is to pro-
vide for certain judicial expenses of the gov
ernment for the fiscal year ending June 30,
1880, for which the sum of $2,690O0O is appro-
priated These appropriations are required
to keep in operation the general functions of
the judicial department of the government,
and if this part of the bill stood alone there
would be no objection to its approval 1t con-
tains however, other provisions to which /
desire to ask your attention. At the present
session of Congress, majority of both houses,
favoring
REPEAL OF THE CONGRESSIONAL ELECTION
LAWS
embraced in title sixteen of the revised stat
utes, passed a measure for that purpose as a
part of the bill, entitled an act making appro-
priations for legislative executive and judicial
expenses of the government for the fiscal year
ending June 80 $780, and for other purposes
Unable to concur with Congress in that meas
ure, on the 29th of May last, | returned the
bill to the House of Representatives in which it
originated without my approval for that further
consideration for which the constitution pro-
vides. On reconsideration, the bill was ap-
proved by less than two-thirds of the House
and it failed to become a law. The election
laws therefore remain valid enactments and
thei
SUPREME LAW OF THE LAND
binding not only upon all the private citizens
but also alike and equally binding upon all
who are charged with the duties and RESPONSE
bilities of legislative and judicial duties of
the government. 1t is not sought by tine bill
before me to repeal the election laws. Its OBJ
| lect is to defeat their enforcement. The clause
| of the first section is as follows: Sand no part
| of the money hereby appropriated, is appro-
priated to pay any salaries, compensations,
| fees or expenses under or in virtue of title 26
of the revised statutes or of any provision of
said title" Title 26 of the revised statues re-
ferred to in the foregoing clause, relates to the
elective franchise and certain laws now in
force regulating Congressional elections
| ia THE SECOND SECTION
of the bill goes much further; it is as follows
| Section 2. That sums appropriated in this
| act for 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 department or officer of the
government shall during said fiscal year make
| any contract or incur any liability for future
payment of any money under any of the pro-
visions of title twenty-siX of the revised stat
| utes of the United States, authorizing the ap-
pointment or payment Of any deputy mar
shals for service in connection with elections
or on election day, until an appropriation
sufficient to meet such contract or for 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 existing law. The following are pro-
visions of the statutes on the same subject
which are now in force:
| Section 1857 No department of the GOV.
ernment shall expend in any one fiscal year
| any sum in excess of the appropriations made
| 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 purchase on
| behalf of the United States shall be made, un-
| less the same is authorized by law or is under
an appropriation adequate to its fulillment
except in the war or navy departments, for
clothing, subsistence, forage, fuel, quarters or
transportation, which, however, shall not ex-
coed the necessaries of the current year.
The object of the sections of the revised
| statutes is plain. 1t is, first, to prevent any
money from being expended unless approprii-
| ations have been made therefor; and second
to prevent the government from being bound
by 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 approrpria-
tions required for the execution of the provi-
| sions of the election laws would not prevent
this enforcement. The right and duty to ap-
point general and special deputy marshals,
| which these provide for, would still remain
and the executive department of the govern
ment would also be empowered to incur the
1 hoir
the second section of this bill contains a pro.
hibition not found in any previous legislation
Its design is to render the
| ELECTION LAWS IMPERATIVE
and dead letter during the next fiscal year
II. is sought to accomplish this by omitting to
| appropriate money for their enforcement and
by expressly prohibiting any department Of
ficer of the government from incurring any Ii
ability under any of the provisions of title 2e
of the revised statutes authorizing the appoint
ment or payment of general or special deputy
marshals for service on election days until an
appropriation sufficient to pay such liabilities
| shall have first been made. The President il
called upon to give his affirmative approval tc
| a positive enactment which in affect depriyes
him of the ordinary and necessary means O
executing the laws still left on the statute
book and embraced within his constitutions
duty to see that the laws are executed. II ht
approves the bill, and thus gives to such posi-
tive enactments
THE AUTHORITY OF LAW,
he participates In the curtailment of his mean:
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 deputy marshals is mo-
made by statute spontaneous act of authorit,
on the part of any executive or judicial Officer
OF the government, but is accorded as popu
lar right OF citizens to call into operation this
agency for securing the freedom of election;
in any city or town of 10000 inhabitants OF
upward. Section 2021 of the revised statute:
puts 1t in the power of any two citizens o.
such city or town to require of the marshal o.
the district the appointment of the special
deputies; thereupon the duty of the marshal
becomes imperative and its nOn-performance
will expose him to judicial mandate or pun.
ishment or to removal from office, by the
President,as the circumstances and his conduct
might require The bill now before me neither
revokes this popular right of the citizens OF
relieves the marshals OF the duty imposed by
law, nor the President of his duty, to see that
the law is faithfully executed. 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
compel the executive to approve any legisla-
tion 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 Iregard as conclusive to nv
duty in respect to the bill before me- The ar.
gumentS used in those mum ications rea;.,s4