Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-06-24
ence many we're introduced, mainly of pri-

Dlbrell, to prevent the payment OF ger diem
to members of congress when absent from
their duties, except in case of sickness.
The Presidents secretary delivered mes
sage in writing vetoing the supplementary
judicial bill, and also announcing that he had
signed The army bill.
The following is the text of the Presidents
message vetoing the judicial expense BILL
To the House of Representatives:
After careful examination Of bill entitled, IAN
act making appropriations for certain judicial ex
penses," return It herewith to the house OF repre-
sentatlyes in which it originated With the following
oheciions TO its approval: The general purpose OF
the bill is - de for Gel tain judicial expenses OF
the government for the fiscal year ending June 30;
1880 for which the sum of two million six hundred
thousand dollars Is appiop. -ated These approprla,
lions are requiF d . k ep - operation general
functions OF the judicial depa tment Of the govern
ment and If this part of the bill stands alone there
Will be no objection = Is approval; 1t contains,
fully to ask your P.t ntlon. At the ISN'T session
OF congress ma1o-!y OF both houses favor the re-
peal of the congressional ell elton laws, embraced
in title 26 of the revisc i s!atut-s. passed. and
measure for that purpose q pa OF the BILL en-
executive and judicial expenses OF the government
for the fiscal year ending June 30, 1880, and for
on the tWenty-ninth of May lest returned 1t with
cut my approval for that consideration Tor which
bin was approved by less than two thirds of the
house and failed TO tscome law: The election
IRENE laws Of the land binding not only on all pri
vate citizens but also alike equally binding upon all
of the legIslatIve executive and judicial depart
ments OF the government. 1t Is not sought Dy the
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, compensation fees or expenses
under or in virtue Of title % OF the revised statutes,
OF under any aS Si 70 sa an thu foregone causes
in relation to elective franchise, contains laws
nov nov IN I0c sscen Of tb biz much fErheT
It is as follows: Section 2 That sums appropriated
in this act for persons and public service embraced
in its provisions In full for such persons and
public service for the fiscal year ending June 30,
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 money under
any of the provisions of title 20 OF revised statutes
or payment Of general or special deputy-marshals
for service in connection with an election, or on
meet such Contract or pay such liability shall have
first been made law. This section of the bill is
intended to make extensive and essential change
In the existing laws, The following are the pro-
visions of the statutes on the same subject, Wheh
are now in force; ''Section 2879. No department
of the government shall expend in any one fiscal
year any sum in excess of the appropriations made
by congress for that fiscal year or involve the gov
s2nmeSt in any contract for the future payment of
money In excess of such appropriations Section
2732: No contract or purchase on Dehal1 OF the
United States shall be made unless the same Is au-
thorized b law. is under az appropriation ado
Quate to lis fulhment, except In the war and navy
departments, for clothing subsistence, forage tue
quarters or transportation, which, however, shall
hot exceed the necessities OF the current year"
IN object OF ll6S0 ScCtlOnS VI luo IcNIocu
statutes is plain. 1t is, first. to pre-
vent any money from being expended unless sp
proRriations have been maze thereIor anu second
contract not previously authorized by law except for
certain necessary purposes In the war and navy de-
partmenIs under existing laws. The failure OF con-
KTess to make the appropriations required for the
execution or the provisions OF the election laws
would not prevent their enforcement, The right and
duty to appoint the general and special deputy mar
shas which they provide for would still remain, and
the executive department of the government would
also be empowered TO incur the requisite liability for
their compensation. But the second section or this
bill contains prohibition found in any previous
legislation It's design is to render the election laws
imperative and dead letter during the next hscaI
year 1t is sought 70 accomplish by emitting TO ap
pFopfiate money for their enforcement, and by ex-
pressiy prqhoting any department or of1cer OF the
IF fG s III ne any Gs1sed snie
thorziDg the appointment or payment of general
or special deputy marshals for service on election
days until 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 the
laws still on the statute-bOOk and embraced within
calted. If he approves the BILL and thus gives to
such positive enactments the authority OF law, he
ing that the law is faithfully executed while the OBJ
legation of his constitutional duty remains unim-
paired. The appointment or special deputy mar
shaIs is not made by the statute SPONTANEOUS act
of authority ON the part OF any executive or judicial
officer Of the government but is accorded as pop
ular right of citizens to call into operation this
agency for securing the freedom OF elections in any
ely ar OTS eon os OF the revised statutes puts
Il an the poGer Of any two citizens OF such city or
s1%n ~ Of these spe a and
thereupon the duty OF the marshal b. comes imper-
TO JUDICIAL mandate of punishment, or TO removal
from Office by the President, as the circum-
So 9oG Sef5re eS me- nsither TeyoEes this popuar
right of citizens nor relieves the maIshals or the
20 see thai this law is faithfully executed forbear
to enter again upon any general discussion OF the
Wiseom and necessity Of the election laws or the
dangerous and unconstitutional principle OF this
bill; the power vested in congress 20 ortsInate ap-
preparations involves no Lgnt 70 e3mpei Inc ekecu5
see fit to attach to such bills under the penalty OF re-
fusDg the needed means to carly cut the essential
functions of the government. Ny views on these
subjects have been sufficiently presented In the
special MESSAGES sent by me 70 the mouse OF repre-
said In those messages regard as conclusive as TO
my duty In respect 10 the Dill before me- the aIgn-
ments urged in these communications against the
repeal of the election laws and against The right OF
congress to DEF rive the executive OF that separate
and independent discretion and judgment which the
constitution confers and requires, are equally CO.
gent In opposition to this bill This measure leaves
the powers and duties of supervisors of elections
untouched. Compensation Of these officers Is pro-
yided for under permanent laws, and no liability fol
which an appropriation Is now required would
therefore, be incurred by their appointment, but the
power OF the national government to protect them
m the discharge OF their duty at the pols would be
taken away States may employ both civil and mill
tary power at eiections bit by this bill even civil a
to the United States The object is 70 prevent AMI
adequate control by the United States national
elections by forbidding the payment of deputy mar
shals officers who clothed with authority, to en-
force the election laws. The TACT that these laws art
deemed Objectionable by majority Of both house:
of congress is urged sufficient warrant for this
| legislation. There are two lawful ways TO over
turn legislative enactm6ntS. One is their repeal
the other Is the decision Of a competent tTlbuna
AGAINST their validity The effect OF this bill Is Il
deprive the executive department of the government
| VI tho means to execute laws which are not re-
pealed Wict ara net declared invalid, and which Il
Is therefore the duty Of tie executive, and Of ever
other depa tment. to obey and to enforce. have Ii
| my former messages on this subj = expressed {
willingness to concur in suitable amendments To-
the impI ovement of the election laws but ccInno
consent to their absolute and entire repeal, and
cannot approve Of legislation which seeks to proven
! their enforcement. RUTHERFORD B. HAYES.
| EA ECUTIYE MANSION. June %, 1879.
At the conclusion of the reading of the
Presidents message, winch was received
with slight demonstrations applause "a thu
Republican side, the house proceeded to vet'
on the question whether the bill should be
Passed notwithstanding the objections of thu
President, anq il Fas decided in the negative
yeas, 104; nays, 9S-not the necessary two
| thirds in the affirmative.
The house then adjourned.
4