Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1879-06-26
Veto of the Judicial Appropriation Bill.

alter careful examination of the bill entitled
an ACT making appropriation for certain judicial
expenses" l return il herewith to the house OF
representatives, IN which il originated with the
following
| OBJECTIONS
10 ITS approval: The general purpose OF the bill
IS 10 provide for certain judicial expenses Of the
| government FOR The fiscal year ending June 30th,
leSO ior which the sum of s., $50 600 Is appropri-
ated, Ihese appropriations are reqnil eo 10 Keep
| IN operation the general functions of the Judicial
department OF the government, and if this part of
| the OIL stood alone there would be no objection
10 Its approval.
1t contains, however, other provisions to which
desire respectfully to ask your attention. AT the
| present session or congress majority of both
houses, laVorlng repeal of the coagres sionaI
election laws embrsced in title 2S of the revised
statutes, passed measure for that purpoye as
part OF bill entitled IAN act making appropria-
tlens Tor the legislative, executive ana judicial
| expenses OF the government for the fiscal year
ending June 30 lSSO, and for other PURPOSES" Un-
| aole 10 concur with congress in thar measure on
| the 18th OF May last, returned the bill TO the
house of representatives in which it originated
without my approval for that further considera ?
tlon ior which the constitution provides. On re-
| consideration the bill was approved by less than
| lWothlrdS OF the house and failed to become a
law. The election laws, therefore, remain valid
and the supreme law of the land. binding not
only upon the private citizens but also alike and
| equally binding upon all who are charged with
the duties and responsibilities of the Legislative,
executive and judicial departments OF the gov
eminent. 1t is not sought by the bill before me
To repeal the election laws.
| ITS OBJECT
is to defeat their enforcement. The last clause of
the nrst section Is as follows: And no mart OF
the money hereby appropriated is appropriated 10
| pay any salaries, compensation, fees or expenses
| under or by virtue or section % of the revised
statutes or OF any provision of said title" Title
20 OF the revised statutes referred to In the fore
going clause relates to the elective franchise and
contains the laws now in force regulating CON
greSslonal elections. The second section of the
DILL reaches much further and is as follows:
=, Appropriated ant
| persons and the public service embraced in it's
provisions, are in full for such persons and pub
nc service Ior the fiscal year ending June 80,
lSSO and no department officer of the govern
ment shall, during the fiscal year. make any CON
tract or incur any liability for future payment for
money under any OF the provisions OF tue title OF
the revised statutes, authorizing the appon Jment
or payment OF general of special deputy marshals
ior service, IN connection with the elections, or
on election day, until an appropriation sufficient
to meet such contract or pay such liability shall
have first been made by law.
EXISTING LAWS UNREPEALED,
This section of the bill is intended to make an ex-
tensiye and essential change in the existing laws
The following the provisions of the statutes on
the same subject which are now in force:
Section 2679 No department of the government
shall expend in any one fiscal year any sum in ex-
OF the appropriations made by congress for that
fiscal year, or involve the government in any con-
tract for future payment OF money i'll of such
appropriations.
Section 2732. No contract or purchase on behalf
of the United States shall he made unless the same
is adequate to Its fuhllment except in the war and
navy departments for clothing subsistence, forage
fuel, quarters or transportation, which, however,
shall hot exceed the necessares of the current year
The object of these sections of the revised
statutes is plain. 1t is first prevent any money
from being expended unless the appropriations have
been made therefor second, to prevent the govern
ment from 6en Ell G bSHqd %r dbd 6Y nav hee
existing laws. The failure of congress u us uR~
the appropriations required the c1e5ufuf of the
provisions of election laws would not prevent their
enforcement. The right aud duty to appoint gener-
al and special deputy marshas, which they provide
for, still remain. The executive depal tment would
also be empowered to incur the requisite liability
for their compensation but the second section of this
bill contains a prohibition not found in any pre-
vious legislation.
ITS DESIGN
is render the election laws imperative and dead
letter during the next fiscal year. 1t is sought to
accomplish this by emitting TO appropriate money
for their enforcement, and expressly prohibiting
any department or officer of the government from
ncurriDg any liability under any of the provisions
Of title 20 OF the revised statutes authorizing the
appointment or payment of general special deputy
marshals for services on election day. till an appro-
priaon sufficient to pay such liability shall have
been made. The president is called on to give air
NATIVE approval to positive enactment, which in
effect deprives him of the ordinary and necessary
means of executing laws still left on the statute
book and embraced within his constitutional duty,
to see that the laws are executed. II he approves
of such bill and thus give to such positive enact
ments an authority OF law, he participates in the
curailment of his means Of seeing that the law is
faithfully executed while the obligation of law and his
constitutional duty remains unimpaired. The ap-
pointment of special deputy marshals is not made
by statute, o spontaneous act OF authority on tho
part of any executive judicial officer the gov
ernment, but is accorded as
a POPULAR RIGHT
of the citizens call into operation this agency
securing the freedom of elections in any city
town having 20,U00 Inhabitants upward.
Section 2J2l of the revised statutes puts 1t In ths
power of any two citizens of such city to
qure of the marshal of his district, ths appointment
of these special deputies. The duty of the marshal
becomes i'm perative. and its performance will
expose him to judicial mandate or punishment, or
to removal from ofcn by the president, the cir
cumstance of this con~.Iet might require. The bill
now before neither revokes this popular right Of
the citizens relieves the marshals of the duty i'm
posed by law, nor the president of his duty to see
that this law is faithfully executed. ise .a.-
FoRBELRs ENTERING UPON GENERAL DISCUSSION.
forbear to enter upon any general discussion
OF the wisdom and necessity OF the election laws
or The dangerous and unconstitutional prlnclp!e
OF this bill, and the power vested n congress 70
originate appropriations, involving the right 10
compel the executive TO approve any Legislation
which congress NAV see ft TO attach 10 such blils
under the penalty Of refusing the means needed
TO carry out an essential function or the govern
sufficiently presented in special messages sent
by me 10 the house of representatives during
their present session what was saia In ,noso
messages regard as conclusive as to my duty IN
respect to the bill before me. The arguments
nrged in these communications against .E
THE REPEAL OF THE ELECTION LAWS
and against the right of congress to deprive the
| executive of that separate and indepen dent dls-
| crel:on and judgment which The constitution
confers and requires, are equally cogent in oppo-
sltion to this bill. This measure leaves the pow
| ers and duties of supervisor of elections un-
touched. The compensation OF those ofhcers
| is provided for under permanent laws ana no
| liability for which appropriation Is now re-
| quired would therefore be incurred by their ap-
! pointment, but the
| POWER OF THE NATIONAL GOVERNMENT
! to protect them in the discharge of their duty
/ ct the polls would be taken away. The states
/ may employ both the civil and military power al
elections, but by this bill even the civil authori
| ty to protect congressional elections Is denied
| TO the United states. Its objects 1s 10 prevent
| any adequate control by the United states over
| the national elections by forbdding the payment
| of deputy marshais, officers who are Clothed
| with authority 10 enforce the election laws. Ine
| fact that these laws are deemed Objectionable by
| a majority OF both houses OF congress Is urged
IS sufficient warrant for tAis legislation.
| Eow LEGISLATION MAY BE OVERTURNED.
| There are two ways always to oyerturn legisla-
tive enactments: One is by repeal; the otner Is
! the decision of q competent tribunal against
/ their validity. This bill is to deprive the execE-
| tive department Of the government oil the means
| to execute laws which are not repealed, which
have not been declared invalid and which IL ls
| therefore the duty of the executive and every
| other department of the govern nnent TO enforce
| have, in my former message on this suoJect, e1-
| pressed a willingness 10 coucur IN suiIaDle
| amendments for the improvement OF the eiectlon
laws, but cannot consent TO thelr aOsolute anu
entire repeal, and / cannot approve legislation
! which seeks TO prevent tAeir enforcement.
| (Signed) RUTaERFosD g. HAYES.
| Executive Mansion, June p, 1879.
A Venerable Elm Tree.