The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1879-07-02


90. 600 inhabitants or upwards. See
ton 2,02f OF the revised statute.
says it is 10 the power of any two
citizens of such city or town to re
quire OF the marshal OF the district tn
appointment Of the deputy marshals.
Thereupon the duty OF The marsha
becomes Imperative, aud its non per
iormsnce would * ~ .u 10 judi
ciai mandate Oh po..A .n,ea. or to re
moval from Office oy the Presideni
IS the circumstance Of bis conducI
might require. The bill now before
me neither revokes this popular RICH,
of citizens nor relieves the marshalsol
the duty imposed by law, nor til.
President of his duty to see that this
law is faithfully executed.
| forbear to enter again upon any
general discussion of the wisdom and
necessity of election laws, or of the
dangerous and unconstitutional priu.
ciple OF this bill, that the power vest
ed 10 congress to originate appropri-
atoms involves the right to compel
the executive TO approve any legisla-
ton which congress may see ct to
attach to such bills, under penalty Of
refu sing means reeded to carry on
essential functions of the govern.
ment.
My views on these subjects have
been sufficiently presented in the spe-
cial messages se,t by me Il the house
of representatives during their pres
ent session. What was said 10 those
messages | REGARD as conclusive as
to nv duty in reipect to the bill be-
fore me. The ,rgument urged in
those communications against the re-
peal of the election laws and against
the right of congress to deprive
the executive Of that separate and
independent dissection and judgement
which the conssitution confers and
requires, are equally cogent in oppo-
sition to this bill. This measure
leaves the power and duties of the
supervisors Of dections untouched.
The compensation of those officers is
provided for unde permanent laws,
and no liability fr which an appro
priation is now required would there
fore be incurred b. their appointment.
But the power Of the national gov
eminent to protec them in the dis.
charge of their luty at the polls
would be taken away. The state
may employ both civil and military
power at the eletions, but by this
bill even the civil authority to pro-
tect the congressional elections is de-
MED to the Unitd States. The OBJ.
ject is to proven any adequate con-
troll by the United States over the
national election by forbidding the
payment of de'uty marshals, the
officers who are .lothed with author
ity to enforce th election laws.
The fact that his law was deemed
Objectionable by majority Of both
houses of congress is urged as a sufii-
cient warrant or this legislation.
There are two lwful ways to over
turn legislative uactments. One is
their repeal. TIE otner is the deci-
sion of q compeent tribunal against
their validity. The effect of this bill
is to deprive he executive depart
ment of the meas to execute laws
which r not recalled, which have
not been declard invalid, and which
it is therefore ID duty of the execu-
tive and of ever other department
of the governmat to obey and en-
force.
l have, in myformey message on
this subject, expsssed q willingness
to concurc in snilble amendments for
the improvements the election laws.
but | cannot coRent to their abso-
lutte and entire epeaI, and cannot
approve l~egislatin which seeks to
prevent their enfrcement.
RUTHEfoRD b. HAYES.
EXECUTIVE MNsIoN,
lime % 1Sq