The Portland daily press., 1879-06-24
ANOTHER VETO.
The Judicial Bill Returned I'm
signed.
Democrats Given Another Opportunity to
Back Down.

dlclal bill.
To the House of Representatives:
After careful examination of the bill en-
titled can act making appropriations for GER
tain judicial expenses / return it herewith
to the House of Representatives, in which it
originated, with the following objections to its
approval: the general purpose of the bill is to
provide for certain judicial expenses of the
government for the fiscal year ending June 80.
1880, for which $2,690,0OO is appropriated.
These appropriations are required to keep in
operation the general functions of the judi
cial department of the government and if this
part of the bill stood alone there would be no
objections to its approval 1t contains, how
ever other provisions to which 1 desire re-
spectfully to ask your attention.
AT the present session of Congress a maiori-
ty of both houses favoring the repeal of the
Congressional election laws embraced in arti-
Gle rs of the Revised Statutes, passed meas
ure for that purpose as a part of the bill en-
TITLED An act making appropriations for the
legislative, executive and judicial expenses of
the government for the fiscal year ending June
30, 1880, and for other purposes" Unable to
concur with Congress on this measure, on the
18th OF May last | returned the bill to the
House of Representatives in which it original
| ed without my approval for that further con-
| sideration for which the Constitution provides.
| On reconsideration the bill was approved by
| less than two-thirds of the House and failed to
become a. law
| The election laws therefore remain valid
enactments and the supreme law of the land
| binding not only upon all private citizens, but
also alike and equally binding upon all who
are charged with the duties and responsible
| ties of the Legislative, Executive and Judicial
departments of the government 1t is not
sought by the bill before me to repeal the
election laws. Its object is to defeat their en-
forcement. 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 the title 26 of the Revised
Statutef or of any provision of said title"
little 26 OF the Revised Statutes referred to in
the foregoing, clause relates to the elective
franchise and eontains laws noM- in orce-
| regulating Congressional elections. The
second section of the bill reaches much further
1t is as follows: Section second, That the
sums appropriated i'll this act for persons and
public service embraced in its provisions are
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 the future payment of
money under any of the provisions of title 26
OF the Revised Statutes of the United States
authorizing the appointment or payment of
general or special deputy marshals for service
IN connection with elections or on election day
until an appropriation sufficient to meet such
contracts or pay such liability shall have first
been made by law
This section of the bill is intended to make
an extensive and essential change in existing
laws. The following are 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 fiscal year any sum in ex-
cess of the appropriations made by for that
fiscal year, or involve the government in any con-
tract Tor the future payment of money in excess of
| such appropriations.
Section 2832-"No contract or purchase on be-
half OF the United States shall be made unless the
same authorized by law or is under appropria-
ton adequate to its fulfllment except in the War
ana Navy departments for clothing, substinence,
forage fuel quarters or transportation, which, how
ever shall not exceed the necessities of the
year,
The object of these sections of the Revised
Statutes is plain. 1t is, first, to prevent any
money from being expended unless appropria-
lions are made therefor; and, second. to pre-
vent the government from being bound by any
contract not previously authorized by law ex-
cept Tor certain necessary purposes in the War
and Navy departments. Under existing laws
the failure of Congress to make appropriations
required for the execution of the laws would
not prevent their enforcement. The right and
duty to appoint general and special deputy
marshals which they provide for would still re-
main, and the executive department of the
government would also be empowered to incur
the requisite liability for their compensation,
but the second section of the bill contains a
prohibition not found in any previous legisla-
tlon. It's design is to render the election laws
imperative and dead letter during the next
fiscal year. 1t is sought to accomplish this by
omlttng to appropriate money for their en-
torcement, and by expressly prohibiting any
department. or officer of the government from
mourning any liability under any of the proyis-
ions OF title 26 of the Revised Statutes author
lzlng the appointment or payment of general
or special deputy marshals for service on cleo
tlon days until an appropriation sufficient to
pay such liability shall have first been made.
The President is called upon to give his af-
firmative approval to positive attachments
which in effect deprive him of the ordinary
and necessary means of executing the laws
still left inlthe statute books, and embraced
within his constitutional duty to see the laws
executed Ii he approves the bill and thus
sach ppsltys saa9tme9ts the aqthST
of his means of seeing that the law is faith
fully executed, while the obligations of the
law and of his constitutional duty remains un-
impaired. The appointment of special deputy
marshals is not made by statute spontaneous
act Oh authority on the part OF any executive
or judicial officer of the government but it is
accorded as popular right of the citizens to
call into operation this agency for securing the
purity and freedom of elections in any city or
town having 10000 inhabitants or upward.
Section 2021 of the Revised Statutes puts it in
the power OF any two citizens of such city or
town to require of the marshal of the district
the appointment of the special deputy mar
shas. Ihereupon the duty of the marshal be-
comes imperative, and its non-performance
would expose him to judicial mandate or pun
ishment, or to removal from Office by the Pres
ldent, as the circumstances of his conduct
might require. The bill now before me neith-
er reyokes this popular right of the citizens
nor relieves the marshal of the duty imposed
by law nor the President of his duty to see
this law faithfully executed
L for6ear to enter upon any general discus
sion of the wisdom and necessity of the
election laws or of the dangerous and uncon-
stitutional principle of this bill, that the
power vested in Congress to originate appro-
prlatlons involves the right to compel the
Executive to approve any Legislation which
congress may see tit to attach to such bills
under penalty of refusing the means needed to
carry on essential functions Of the Govern
ment: My views on these subjects have been
sufhclently presented in special messages sent
by me to the House during the present
session. What was said in those messages I
regard as conclusive to my duty in respect to
the bill before me. The arguments urged in
these communications against the repeal of
the elections laws, and against the right of
Congress to deprive the Executive of that
separate and independent discretion and
Judgment, which the Constitution confers and
requires, are equally cogent in opposition to
this bill This measure leaves the powers and
duties OF Supervisors of Elections untouched
The compensation of those officers is provided
for under permanent laws, and no liability for
which an appropriation is now required
would therefore be incurred by their appoint
menu But the power of the National Govern
lhenn 70 D. protect a; them in the dis
charge OF their duty at the polls would
be taken away The states may employ both
civil and military power at elections, but by
this bill even the civil authority to protect
Congressional elections is denied to the United
States; The object is to prevent any adequate
control by the United States over national cleo
tons by forbidding the payment of deputy
marshals, the officers who are clothed with au-
thority to enforce the election laws The fact
That these laws are deemed Objectionable
by majority of both houses of Congress is
urged as sufficient warrant for this legisla-
tlon. There are two lawful ways to oyerturn
legislative enactments. One is their repeal,
the other is the decision of competent tri-
bunal against their validity. The effect of
this bill is to deprive the executive depart
ment OF the government of the means to exc
cute the laws which are not repealed which
have not been declared invalid, and which it
is therefore the duty of the executive and
and every other department of the government
to obey and to enforce.
have in my former message on this subject
expressed Willingness to concur in Suitable
amendments for the improvement of the cleo
ton laws, but cannot consentto their abso-
lutte and entire repeal, and 1 cannot approye
legislation which seeks to prevent their en-
forcement. VII
RUTHERFORD B. HAYES
Executive Mansion, June %, 1879.