The Superior times. [volume] (Superior, Wis.) 1870-1912, 1879-07-12


l return to the house of representatives
in which it originated the bill entitled 4" an
act making appropriations to pay fees of
United States marshals and their general
deputies" with the following objections to
it's becoming law:
The bill appropriates the sum of 5000, 600
for payment during the fiscal year ending
June Both, $780, of United States marshals
and their general deputies. The officers
thus provided for are essential to the faith
full execution of the laws. They were
fined by congress at its first ses-
sion after the adoption of the
constitution in the judiciary act,
which was approved September oath, 1889.
Their general duties as defined in the act
which originally established them were sub
stantially the same as those prescribed in
the statutes now in force. The principal
provision on the subject in the revised
| statutes is follows:
"Section 787-It shall be the duty of the
marshal of each district to attend the Dis
trict and Circuit Courts when sitting there
| in, and to execute throughout the district
all lawful precepts directed to him and is
| fued under authority Of the United States,
and he shall have power to command all
necessary assistance in the execution 0 his
duty"
Inc Original dCJ WIS dIn0Hu6u 6DfuaTy
| %, 1895, and the amendment is now found
in the revised statutes in the following
| form: "Section 788-Marshals and their
deputies shall have in each state the same
powers in executing the laws of the United
States as sheriffs and their deputies in such
state may have by law in executing the
laws thereof"
By subsequent statutes additional duties
have been, from time to time, imposed upon
marshals and their deputies, the due and
regular performance of which is required
for the efficiency of almost every branch of
public service. Without these officers there
would be no means OF executing war
| rants, DEGREES or other process
of courts ant the judicial svs-
tenn of the country would be fatally
defective. The criminal jurisdi stion of
courts of the United States is very extensive.
Crimes committed within the maritime
| jurisdiction of the United States are all
| cognizable only in courts of the United
States. Crimes against public justice, crimes
against the operations of the government,
| such as forging or counterfeiting the money
| or securities of the United States, Grim
| against postal laws, otfenses against the
| elective franchise, against the civil rights of
| citizens, against the existence of the gov.
eminent, crime against the internal rev.
| enue laws, customs laws, crimes
against laws for the protection of Indians
and public lands, all of these crimes and
| many others can be punished only under
United States laws-laWs which, taken alto.
gether, constitute body of jurisprudence
which is vital to the welfare of the whole
country, and which can be enforced only by
means of marshals and deputy marshals Of
the United States. In the District of Co.
lumbia all of the processes Of the courts are
executed by the officers in question. In
short, the execution Of the criminal law of
the United States service of all civil pro.
cesses in cases in which the United States
is party, and the execution Of the revenue
laws, neutrality laws and many other
laws Of large importance, depends on
the maintenance of marshals and their dep
uties. They are in effect the only police of
the United States. Government officers with
corresponding powers and duties are found
in every state of the Union and III every
country which has Jurisprudence which is
worthy of the name. To deprive the ma
be as disastrous to society as to abolish
sherits, constables and police officers in the
several states. 1t would be denial to the
United States of the right TO execute
its laws, denial of ali authority which re.
qulres the use of civil force. The law en-
titles those officers to be paid. The funds
needed for the purpose have been collected
AhOii INC pSOplC anu ale III" III LHS ITSdS-
ury. No objection is therefore made to
that part Of the bill before me which appro-
PIRATES money for the support of mar sbsls
and deputy marshals Of the United States
The bill contains, however, other
provisions which are identical in
tenor and effect with the section
of the bill entitled can act max.
Ing appropriations for certain judicial
expenses, which on the 23d of the present
I mn Ia
sentatlves with my objections to its 40,
proval. The provisions referred to are as
follows:
"Section I'd. That the sums appropriated
IN this act for the persons and public SER
vice embraced in its provisions are in full
Tor such person and public service for the
fiscal year ending June S0th, 1880, and no
department or officer of the government
shall, during said fiscal year, make any con-
tract or incur any liability for the future
payment of money under any of the pr0v.
slons of title 26 mentioned in section -
OF this act; until an appropriation sufficient
to meet such contract or pay such liability
shall have first been made by law"
upon reconsideration in the house OF rep
resentatlves of the bill which contained
these provisions it lacked constitutional
majority and therefore failed to become law.
la order to secure its enactment the same
measure is again presented for my ap-
proval, coupled in the bill before me with
the appropriations for the support of mar
shals and deputies during the next fiscal
year. The object manifestly is to place
before the executive this alternative
Either to allow the necessary functions of
the public service to be crippled or sus
pended for want of the appropriation re-
CURED to keep them in operation,
or to approve legislation which in
official communications to congress he has
declared would be violation of his censti.
tutlonai duty. Thus, in this bill, the prin-
clple is clearly embodied that, by virtue of
the provision of the constitution, which re-
quires that all bills for raising revenue
should originate in the house of representa-
hves, q bare majority of the house OF repre-
sentatIves has the right to withhold appro.
prlauons Tor the support of the government
unless the executive consents to approve any
legislation which may be attached 80 the
appropriation bills. | respectfully refer to
the communications on this subject, which |
have sent to congress during its present
session for statement of the grounds Of
my conclusions and desire here merely to
repeat that in my judgment to establish the
principle OF this bill is to make radical
dangerous and unconstitutional change IN
the character of our institutions
(Signed) RUTHERFORD B. HAYES.
EXECUTIVE MANSION, June so, 1879
The house refused to pass the bill over
the veto, the vote standing, yeas SO, nays
63, not the necessary two-thirds in the