New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-06-20


obedience to existing laws, would embrace
provision for the expenses arising under INC
election law. The time for the President to
exercise his power, and to discharge lis con-
stitutional obligation to "take care that tle
claws be faithfully executed" is when the
laws are dsregarded 10y the passage or OH
not in conformity with them. The omission o'
appropriations required by the election laws Is
either accidental or deliberate and Intentional.
If the former, it would be the clear duty Oh
the President to send back the bill in when
the omission occurs, with the suggestion tnat
it be repaired. But the fact that every one
would regard such q suggestion as an undig-
nified and insincere sarcasm proves that there
is no question rs To the intention of Congress.
The omission is deliberate. 1t is intended to
prevent the payment of certain officers whom
the President is required by law to appoint
The only place for him to meet this attempt
TO nulify a law of the United States Ia in his
action upon the bill in which it is shown.
Whether the omission in this instance is OF
no practical Importance or not, IS matter
about which opinions may differ. The Demo-
cratic m jority in both houses proves that IL
regards that omission as of vital Importance
because il insists thereon at the cost OF a long
extra session, and a possible closing OF the
Courts. Nor is il easy to say what legal pro-
cesses might be found by partisan lawyers Tor
arresting the discharge of duty by oilclals
whose functions had been so far abolished by
q new law that they could not draw the pay,
or the funds for expenses, which were orlgl-
nally provided. 1t may be of the last import
hot in no rnid Ct nf n heated
campaign, the right of these officers TO exer-
else the powers originally intrusted to them
shall not be disputed with any color of tech
meal reason, however faint. On the whole, 1t
is quite enough to say that if law-defymg
majority in Congress regards this refusal OF
pay as important enough to warrant It's extra
ordinary conduct, the President may with
reason deem it important enough to justify
him in demanding - that the laws be faith
Gully executed" and obeyed by Congress,
as by other citizens.
Neither does the fact that the existing laws
can be enforced in California only, until De-
cember next, seem to modify in any way the
Presidents duty to take care that the laws
"be faithfully executed The Constitution
does not require him to take care that the
laws be not disobeyed in more than one State
at a time. Modification of law In one State
smaller than California was deemed by Presi-
dent jackson sufficient reason for stern meas
ures toward Mr. Calhoun and his nest Of NULL
fers. 1t IL a Democratic, but not a Republic
can, notion that w-breaking is OF no conse-
qucuce if it is only a little one. Nor can the
President overlook the fact that this issue
will have to he met squarey, at some time be-
fore the next Presidential election, and may
much better be met now than later. When
the excitement and passion OF a Presidential
year have arrived, the people viii not be so
likely to Judge the Democratic notification rs
dspassionately and periodically rs they may
now. After all, now is always the best time
to face duty. The duty of the President
will sooner OF later be forced upon him by the
revolutionary majority in Congress, which does
not intend either this year or next to make
provision for the enforcement of the election
law if it can avoid doing so. The emergency
is one which, we have reason to believe, the
President fully appreciates, and has no dispo-
sition to evade. Therefore presume he
will think it not only his duty, but emincnHy
exredient, to resist the entering OF the ohm
end of the wedge Of notification. II the
Democrats succeed in multiplying a law ever
so little at this session, tsey viii be embCld-
eped to attempt more next Winter. 1t may
be as well TO teach them right now that the
country Will not countcuance the least step in
that direction.