New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-06-24
THE VETO.

senators wli now be brought 20 bearto bring about
a similar result in the other branch OF Congress-
THE VETO.
TIE POINT THE DEMOCRATS MAKE FIRST CLEARLY
STATED.
To the House of Representatives:
After careful examination of the bill entitled
An act making appropriations for certain judicial
expenses" return Il herewith to the House of Rep
resentatiyes, In which it originated, with the fol-
lowing 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 the
sum of s., 100000 is appropriated. These appro-
prations are required keep In operation the gen.
eral functions Of the judicial department of the
Government and if this part of the bill stood alone,
there would be no objection to its approval 1t con-
tains, however, other provisions. to which desire
respectfully to ask your attention.
At the present session of Congress, q majority Of
both houses favoring O repeal of the Congressional
Election laws embraced IN Title 20 of the Revised
Statutes passed measure for that purpose as part
of bill entitled, "An Act making appropriations
for the Legislative. Executive and Judicial expenses
of the Government for the fiscal year ending June
80, 1880, and for other purposes" Unable to con-
cur with Congress on that measure on the 10Th of
May last returned the bill to the House of Repre-
sentatiYes, in which il originated, without my ap-
prevail for that further consideration for which the
Constitution provides. On reconsideration the bill
vas approved by less than two thirds of the House
and failed to become law. The Election laws there
fore 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 responsibilities of
the Legislative the Executive and the Judicial
Departments of the Government.
1t is not sought by the bill before me to repeal the
Election laws. It's object is to defeat their enforce
ment 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 expenses under in virtue of Title 20 of the
Revised Statutes, or OF any provision OF sad tide"
Title 20 of the Revised Statutes referred to IN the
foregoing clause relates TO the election franchise
and contains the laws now In force regulating the
Congressional elections.
The second section of the bill reaches much fur
ther 1t is as follows;
SEC g That the sums appropriated In this act for
the persons and public service embraced IN its pro-
visions arc in full for such persons and public ser,
vice for the fiscal year ending June 80, 1880, and
no DEPARTMENT officer OF the Cover lment 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 rs of the Re-
vsed Statutes OF the United States authorizing the
appointment or payment OF general or special dep
4
tions on an election day, until an appropriation
sufficient 10 meet such contract pay such liability
shall have first been made by law"
This section of the bill intended to make an ex-
tensive and essential change in the existing laws.
The following are the provisions of the statutes
the same subject, which now in force;
SIC. 2G7g.-No department of the Government
shall eXpcnd in any one nscal wear any sum III eX-
cess Of appropriations made by Congress Tor that
fiscal wear or involve the Government III any con-
rartfn ar he
such appropriations. .
SIC. 2732.-No contract or purchase on behalf of
the United States shall be made unless the same Is
adeouate 10 It's fultilment, except in the War and
Navy Departments Tor clothing, subsistence, forage,
fuel. quarters or transportation which however,
shall not exceed the necessities OF the current year.
The object of these sections Of the Revised Statutes
is plain It is first, to prevent any money from
being expended unless appropriations have been
made therefor, and second, to prevent the Govern
mept from being bound by any contract not pre-
viousy authorized by law, except for certain nee
Departments. Under the existing laws
the failure Of Congress to make tue appropriations
required for the execution of the provisions OF the
Election laws would not prevent tLclr enforcement
The right and duty TO appoint the general aud
special deputy maTshals, which they provide Ior,
would still remain, and the Executive department
of the Government would also be empowered to
incur the requisite liability tor their compensation
ut the second section of this bill contains pro-
LibitiOn not found in any previous legislation Its
design is to render the Election laws imperative
and a dead letter during the next fiscal year. IL IL
sought to accomplish this by emitting TO appro-
pirate money for their enforcement, aud by eI-
pfessly prohibiting any department or officer the
Government from mourning any liability under any
Of the provisions Of Title 26 of the Revised Statutes
authorizing the appointment or payment OF general
or special deputy maTsbals for service on election
DAVIS until an appropriation sufficient to pay such
liability shall have first been made.
THE ELECTION LAW LEFT IN FORCE.
The President is called upon to give his affirmative
approval to positive enactments which, in effect.
deprye him of the ordinary and necessary means OF
executing laws still left in the statute book and
embraced within his constitutional duty TO see
that the laws are executed If he approves the BILL
and thus gives to such positive enactments the
authority of law, he participates in the curtament
of his means of seeing that the law is faithfully ex
ecuted while the obligation of the law and oI his
constitutional duty remains unlmpalred.
The appMntuent of special deputy Inarshals Is
not made by the statute q spontaneous act ot au-
thoritv on the part of any executive or judicial
officer of the Government, but Is accorded as pop
Mar right Of the citizens TO cal into operation
This agency for securing the purity and freedom oil
elect IONS in any city or town having ZOOVO I'D,
habitauts or upward. Section 2,O2l OF the Revised
statutes puts 10 in the power of any two cltzens OF
such CITY or town TO require OF the marsai OF the
district the appointment of these special deputy
N.l