The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-06-25
NO. 2SS.
ANOTHER VETO.
hayes REFUSES to Sign the Judicial Expenses
Appropriation Bill.

AkA1ccoSC
judicial expenses bill:
To the House of Representatives
After careful examination of the bill enti-
tied an act making appropriations for certain
Judicial expenses, return it herewith to the
ated. with the following objections 10 its ap-
provai:, me general purpose of the bill Is
Government for the fiscal year ending June
~, 1880 for which the sum of 81 $4,000 is appro-
Priate;d. na These appropriations are required to
!udlclal department OF the Government and il
this part OF the bill stood alone there would be
no objection to its approval. 1t contains, how
ever, other provisions to which desire re-
spectfnlly to ask your attention: At the pres
Houses, favoring the repeal of the con-
gressional election laws, embraced in title % of
the revised statutes, passed a measure for that
purpose. as part OF bill entitled an act making
appropriations for legislative, executive and
judicial expenses of the Government for the
oppps PURPOSES. Unable to concur with
the sth of May last returned tna bi to ts On
House of Representatives, in which II origin
ated, without my approval, for that further
consideration Tor which the constitution pro-
vides.
On reconsideration the bin was approved by
less than two-thirds of the House and failed to
become law. The election laws therefore re-
main valid enactments and the supreme law
citizens, but also upon ali who are charged
with duties and responsibilities of the legisla-
tive, executive and judicial departments of the
Government. 1t is not sought by the bill be-
fore me to repeal the election laws its object is
70 de1eat their enforcement. The last clause
OF the first section is as follows: land no part
OF the money hereby appropriated is appropri-
ated to pay any salaries, compensation fees or
revised statutes, or of any provision OF said
title" Title 26 of the revised statutes, referred
70 IN the foregoing clause, relates to the cleo
tive franchise, and contains the laws now in
force regulating the congressional elections.
further. 1t is as follows: .sThat the sume an
propriated in this act for persons and public
for such persons and public service for the ris-
cal year ending June 80, 1850. and
Government shall dur1ng said dscal 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 stat
utes OF the United States, authorizing the ap-
pointment or payment of general or special
with the elections on election day until an
appropriation sufficient to meet such contract
made by law. This section OF the bill is in
tended to make an extensive and essential
/ the provisions of the statutes on the same
| subjects which are now in force.
Section 679. No department Of Government
| shall expend in any one fiscal year any sum
mex IN excess @ OF @ the app appropriation made by Com
ernment in any Contract u for fnture payment
| OF money in excess of such appropriations
| sec 21y2. No contract or purchase on behalf
| the same is authorized by law or is under an
/ appropriation adequate TO its fulaliment, ex-
clothing. subsistence, forage, fuel, quarters, or
| transportation, which, however, shall not ex-
The object OF these sections of the revised
| statutes is plain. 1t is first, to prevent any
tions have been made therefor, ana second. to
| prevent the Government from being
SSnsy by aW except no for
tain necessary purposes in the war and navy
departments. Under existing laws 3 failure Of
fo- the execution OF the provisions of the elec-
| tion laws would not prevent their enforce
a oh HIFlfr~
| and several deputy marshals which they pro-
| vide would still remain, and the executive
| empowered 10 incur the requisite liability for
| their compensation, but the second section
| of this bill contains prohibition not found in
any previous legislation. Its design is TO render
| the election laws imperative and dead letter
accomplish this by omftting to appropriate
| money for their enforcement, and expressly
prohibiting any department or officer OF the
| Government from incurring any liability un-
der any OF the provisions of title % of the re-
vised statutes authorizing the appointment or
payment OF general or special deputy marsbals
| for service on election days until an appropria-
ton sufficient to pay such liabiiIty shall have
| first been made. The president is called upon
to give his affirmative approval to positive en-
actments which in e1ect deprive him of the
the laws still left on the statute books, and
embraced within his constitutional duty to
see that the laws are executed. Ifhe approves
the bill, and thus gives to such positive en-
| actments the authority of law, he participates
the law is faithfully executed, while the obil-
| CATION of law and of his CONSTITUTIONAL duty
The appointment OF special deputy mar
shals is not made by statute a
spontaneous act of authority on the
the Government, but is accorded a popular
| right of citizens to eau into operation this
| agency for securing the freedom of elections
| in any city or town having 10000 inhabitants
or upward. Section 2,0n of the revised stat
such city or town to require Of the marshal OF
| the district the appointment of these special
marshal becomes Imperative, and the non
performance VIII expose him to judicial man.
; by the president, as the circumstances OF his
| conduct might require The bill now before
zens, nor relieves the narsfials Of duty NJ inn i'm
posed by law, nor the president of his duty tc
forbear to enter again upon any general
discussion of the " isdom and necessity of the
tutional prIncipIe OF this bin that the power
vested IN Congress TO originate appropriation
apppove any ieeisation When conere a sS
see it to attach to such bills under the penalty
OF refusing the means needed to carry
, jects have been sufficiently presented IN the
= | special messages sent by me to the House OF
what was said in those messages regard a.
before me. The Arguments Urged in ii thes, @
, | communications against the repeal of election
prive the executive Of that separate ana inde
9 pendent discretion and Judgment which the
| constitution confers and requires. are equally
| cogent IN opposition to this blll. This measure
!: leaves the powers and duties Of supervisors o
2 elections untouched, the compensation o.
those officers is provided for under the perma
nent laws, and no liability for which an ap-
! | preparation Is now required would therefor
D be incurred by their appointment, but the
power OF the National Government profec
them in the discharge Of their duty at tn
e polls would be taken away The State m a,
= employ both civil and military power At el q
tions. but by this bill even the civil AUTHORITY
to protect congressional elections is deniedIti
9 the United States The object is to pre- -<en
O any adequate control by the Unite
States over the national elections by forbiu
ding the payment of deputy marshals, tn
| officers who are clothed with authority 40 en-
force the election laws. The fact that lhes
laws are deemed objectionable by the n1ajoris
of both Houses OF Congress is urged as s,,fficisr
warrant for this legislation. There are sw