Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1879-06-24
from Yesterdays Second Edition.l
THE STALVARY
Hayes Sticks to His Party
And vetOes a Bill for What Was
Not 10 It.
Starving the Army to Freeze Out
the Democratic Party.

To the House Of Representatives After
careful examination of the bill entitled an
act making appropriations for certain
judicial expenses, / return it TO the house
Of representatives, in which it originated,
with the following objection to its appro-
val:
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 the sum of So
$4,000 is appropriated. These appropria-
tions are required TO keep in operation the
general functions of the judicial depart
ment of the government, and if this part
of the bill stood alone there would be no
objection to its approval. It contains,
however, other provisions which | desire
respectfully to ask your attention. AT
the present session of congress IA majority
of both houses favor Il repeal
of the congressional election laws
embraced in title 26of revised statutes, and
passed a measure for that purpose as part
Of the bill entitled IAN act making appro-
priatlons for legislative, executive and ju-
dicial expenses of the government for the
fiscal year ending June 30. 1880, and for
other purposes" | am unable to concur
with congress in that measure. On the
18th Of May last | returned the bill to
the house Of representatives, in which it
originated. without my approval for that
consideration for which the constitution
provides. On a 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 pri-
vate citizens, but also alike equally bind
ing upon all who are charged with the
duties and responsibilities of the l~eeisla-
tive, 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 enforcement. The last clause
Of the first section is as follows: "And
no part of the money hereby appropriated
is appropriated to pay any salaries, COM
pensation fees or expenses under or in
virtue of title 20 of the revised statutes,
or of any provision of said title" Title
70 of the revised statutes referred TO in
the foregoing clauses in relation to the
elective franchise, contains laws now
in force regulating congressional elections.
The second section of the bill reaches
much further. 1t as follows Section 2.
That the sums appropriated in this act.
for persons and public service embraced
IN It's prQvisi0na, are IN full for such per-
sons and public service for the fiscal year
ending June 80, 1880, and no department
or officer of the government shall, during
said fiscal year make any contract or in
cur any liability for the future payment
Of money under and of the provisions of
title 20 of the revised statutes of the
United States, authorizing the appoint
ment or payment of general or special
deputy marshals for service in connection
with the election or on election day, until
an appropriation sufficient to meet such a
contract or pay such Il liability shall have
first been made law" This section of the
bill is intended to make an extensive and
essaltial Change IN Che existing laws.
The following ace the provisions OF the
statutes On the same subject which are
now in force: 'iSection 2679. No DEPART
ment of government shall expend in any
one fiscal year any sum in excess %ofappro-
priatlons made by congress for that fiscal
year or involve the government In any
contract for the future lsymeRt Of money
n p1esss Vt sbch aEphIfiatiNns,H "Sec-
ti0H g732. No contract or purchase on be-.
half Of the United States shall be made
unless the same be authorized by law or is
under the appropriation adequate to its
fulfllment except in the war and naval
departments for clothing, Subsistence,
forage fAal Qqartera rs tEAnsp0gtatlop,
which, h0Heyhr, shal nat exceed the
necessities Of tho current year"
The object of these sections Of the rA-
yised stRtgtS il plain. It i ;,.ended first
to prevent any money from being ex-
pended unless an appropriation has boon
made therefor and second, IN prevent Che
gapeFnmont tFam being hound by any
contract not previously authorized by
law, except for certain necessary purposes
in the war and navy departments.
Under existing laws the failure of con-
gress to make appropriations required for
The execution Of the provisions Of the
election laws would not prevent their en-
turcemcnt; the right and duty to appoint
general and spaeial dQnHtY mAfshals,
which thfE prhtida for, would still re-
main, and the executive department Of
the government would also DO empowered
to incur tho requisite liability FOR their
compensation but the second section Of
this bill contains a prohibition not found
n any previous legislation, its design be-
/, ing to render the election laws %inopera-
, tive and a dead letter during the next
fiscal year.
1t Is sought TO accomplish by emitting
to appropriate money mr. their eafurcc-
; mept and by expressly pr0hibiting any
department or officer Of the government
/ from lacggFiR6pny liability under any of
the provisions Of title ~ of the revised
statutes authorizing the appointment or
payment II any general or special deputy
marshals for service on election Gays nntil
an appropriation sgGclept % pay such
, liability shall have lrst been made. Tho
President - called upon 10 give his affirm
alive approval ~ positive enactments.
which, IN effect, deprive him Of the oIdi-
\ nary and necessary means of executing
> laws still on tbs statute books and EN-.
braeed Within his constitutional duty u
see that the laws are executed. IL he Ap.
prOYei the bill aud thus give Ia auch posi.
I tive epactmWk AUTHORITY QRlaW, heparti.
. clpalf1 ~ rho curtailmeDA Qf his meani
q ~ seeing that the law Is faithfully exoou.
ted, willis tho Obligation OF law and Of hi.
/ constitutional duty rcmains ~unimpaired
80. appointment Va NIkkiAA H'DNhN mar
shals i not made by the statute q sponta
p ne0us act Of authority on the part o
u any executive or Judicial officer Of N,
/ government but u aoOnpdea ~ a popular
pgff % tte eitizene 10 call into operation
thih agency lor securing The freedom o
! elections IN any city OF town having TWEEN
n " thousand inhabitants or upward, Sec
pen A1l Nf jbe revised gatNtm pNt3 " y
y Wa n4get QfAnR Two cltlsens QlgNqh cts
I % town 70 poquire Of the mar.hals Of Nh
dlstrlet tho appointment Of special dep
n uty .mprshah thereupon the duty 0
marshnls becomes imperative and II
4 non-pcrformnnce will expose him 10
judicial mandate or punishment sr 10 re
= moyal ftom Office BY tho President q
ltbe circumstances IN hR. pfsa might re
Hlilg. flA Bal nQg lefoge ne Heilae
- ieyokGs lbIs popular right az citizens no
relieves the marshals 0f Tho duty impose
"A by law, nor the President Of his duty ;