The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1879-07-01
ANOTHER VETO.
The President DlsapprOves OF
the Judicial ApprOpria.
tI0n Bill.
And Tells the House OF Representa-.
tlyes the Reason Why.

WASHINGTON, June 23.-The follow
ing is the text Of the Presidents mes
sage, vetoing the judicial expense bill
To THE HOUSE, OF Representatives:
After careful examination OF the bill
entitled "Au act making appropriations
for certain judicial expenses" return
1t herewith TO the House OF Represen-
tatives, in which il originated, with the
following objections to its approyal:
The general purpose OF the bill is to
provide for certain judicial expenses Of
the government for the fiscal year end
ing June 80, 1880, for which the sum
OF s., 600, 900 is appropriated. These
appropriations are required to keep in
operation the general functions OF the
Judicial department Of the government,
aud, II this part OF the bill stood alone,
there would be no objection to its ap-
proval. 1t contains. however, other
provisions TO which desire respectful
ly to ask your attention. At the pres
ent session OF Congress majority Of
both houses, favoring the repeal OF the
Congressional election laws embraced
in title 2G Of the Revised Statutes,
passed q measure for that purpose as
past OF bill entitled IAN act making
appropriations for legislative, execu.
tive and judicial expenses of the gov.
ernment for the fiscal year ending june
80. 1850, and for other purposes. Un-
able TO concnr with Congress in that
measure, on the 29th Of May last / re
turned the bill to the House of Repre-
sentstives. in which il originated, with
out my approval, for that further con-
sideration for which the constitution
provides. On reconsideration the bill
was approved 10y less than two-thirds
Of the House, and failed TO become a
law. The election laws therefore re-
main 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 response.
bilities of the legislative. executive and
judicial departments OF the government.
II is not sought by the bill before me
10 repeal the election laws. Its object
is to defeat their enforcement. The
last clause Of the first section is as fol-
lows:
"And no part OF the money hereby
appropriated is appropriated to pay
any salaries, compensation, fees or ex
penses under or in virtue Of title 2G OF
the Revised Statutes or Of any provi.
sion OF said title"
Title 26 OF the Revised Statutes, re-
ferred 10 in the foregoing clause. re-
lates to the elective franchise, aud
contains the laws now in force yegulat-
ing Congressional elections.
The second section Of the bill reaches
much further. IL is as follows:
Section 2. That the sums appropriat-
ed in this act for the persons aud pub
lie service embraced in It's provisions
are in full for such persons and public
service for the fiscal year ending June
30. 1880 and no department nor officer
~ the government shall, during said
fiscal wear, make auy contract, or incur
any liability for the future payment Of
money under any oil the provisions OF
title 26 Of the Revised Statutes Of the
United States, authorizing the appoint
ment or payment of general or special
deputy marshals for service In connec-
tlon with elections or on election day,
until an appropriation sufficient 10
meet such contract, or pay such liabili-
~, shall have first been made 10y law.
This section Of the bill is intended TO
make an extensive aud essential change
in the 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 one
fiscal year, any sum in excess Of the APP
propriations made by Congress for that
year, or involve the government in any
contract for the future payment OF
money IN excess OF such appropriations.
SECTION 2732. No contract or pur-
shall be made unless the same is an.
thorized by law, or is under an appro-
priation adequate TO its fulfllment, ex-
cept in the war and navy departments
for clothing, subsistence, forage, fuel,
quarters or transportation, which, how
ever, shall not exceed the necessities Of
the current year.
The object OF these sections OF the
Revised Statutes is plain. II is. FIRST,
10 prevent any money from being eX-
pended unless the appropriations have
been made therefor, and, second, TO
prevent the government from being
bound by any contract not previously
authorized by law. except for certain
necessary purposes ia the war and navy
departments. Under existing laws the
isilure Of Congress 30 make the appro-
priations required for the execution OF
provisions Of election laws would not
prevent their enforcement. The right
and duty TO appoint general aud special
deputy marshals which they provide
for would still remain, and the execu.
tive department OF the government
would also be empowered 10 incur the
requisite liability for their compensa
tion.
But the second section OF this bill
contains a prohibition not found in
any previous legislation. IL is design
ed 10 rsnder the election laws inopera-
tive and dead letter during the next
| fiscal year. 1t is sought 10 accomplish
I this by omitting 10 appropriate money
: for their enforcement. and by express
/ ly prohibiting any department or Off
Ger OF the government from incurring
any liability under any OF the proyi-
sions OF title 26 of the Revised Statutes
/ authorizing the appointment or pay
ment OF general or special deputy mar
shals for service on election days, un-
al appropriations sufficient 10 pay such
liability shall have first been made.
The President is called upOn TO give
his affirmative approval TO positive en-.
actments which, ia effect, deprive him
Of the ordinary aud necessary means
II executing the laws still left on the
statute book and embraced within his
constitutional duty TO see that the laws
are executed. III he approves the bill
and thus gives 10 such positive enact
ments the authority OF law, he partici
pates in the curtailment OF his means
Of seeing that the law is faithfully exc.
cuted. while the obligation Of the lav
and Of his constitutional duty remain,
unimpaired. The appointment ol
special deputy marshals il not made by
the statute spontaneous act OF au
thority on the part Of any executive OF
judicial officer OF the governments, bu
Is accorded as a popular right Of citi
zens 10 call into operation this srenc,
for securing the freedom Of elections IL
any city or town having 10000 inhabi
tants or upward. Section 202l Of thl
Revised Statutes puts il in the powe