River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1879-06-26
PRESIDENT HAYES MESSAGE.
His Disapproval of the Judicial
Appropriation Bill.

the judicial appropriation bill.
TOthe House Of Representatives: Aftera care
ful examination OF the bill entitled An act |
making appropriations for certain judicial ex
penses. ] return it herewith 10 the House of |
in which il originated, with |
the following objections to its approval;
The general purposes Of the bill is 10 pro
vide for certain judicial expenses Of the gov
ernmcnt for the fiscal year ending June 30, |
1880, for which the sum Of s2,690p00 is appro- |
priated. These appropriations arc required |
TO keep in operation the general functions Of !
the Judicial department of the government. !
and if this part of the bin stood alone there
would be no objection TO its approval 1t con-
tains however, other provisions TO which |
desire 10 ask your attention. At the present
session OF Congress, a majority OF both houses,
fayoring a
REPEAf.oF THE COMPRESSION 81. INJECTION
LAWS
embraced in title sixteen OF The revised stat
ntes, passed a measure for that purpose as a
part OF the bill, clttled an act making appro-
p atoms for legislative, executive and judicial
expenses OF the government for the fiscal year
ending June so, 1850, and for other purposes.
Unable 10 concur with Congress in that meas
ure on the 10Th of May last | returned the
bill 10 the Honsco OF Representatives. IN which ii
originated without my approval for that further
consideration for which the constitution pro-
vides On reconsideration, the bill was APP
and il failed 10 become law. The election
laws therefore remain valid enactments and
the
SUPREME LAW OF THE LAND
binding not only upon all the private citizens
but also alike and equally binding upon all
who are charged with the duties and response
bilities of Legislative and judicial duties Of
the government. II is not sought by tine bill
before me TO repeal the election laws. Its OBJ
jeet is TO defeat their enforcement The clause
Of the first section is as follows; And no part
OF the money hereby appropriated, is appro-
priated To pay any salaries, eompensations
fees or expenses under or in virtue of title "a
of the revised statutes OF Of any provision of
said title" Title 20 of the revised statues, re-
ferred to in the foregoing clause, relntes to the
elective franchise and certain laws now in
force regulating Congressional elections
THE SECOND SECTION
Of the bill goes much further: tits as follows
Section :. That sums appropriated in 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
80, 1850, and no department or officer of the
government shall during said fiscal year make
any contract or incur any liability for future
payment OF any money under any OF the pro-
visions OF title twenty-siX of the revised stat
utes of the United States, authorizing the APP
polntment or payment OF any deputy mar
shals for service in connection with elections
or ON election day, until an appropriation
sufficient to meet such contract or for such
| liability shall have first been made by law.
This section of the bill is intended To make
an
| EXTENSIVE AND ESSENTIAL. CHANGE
| in the existing law The following are pro
visions of the statutes on the same subject
which are now in force;
Section 1861. No department OF the gov
| a. in 0np
! any sum in excess of the appropriations made
| by congress for that fiscal year or involve
| the government in any contract for future
| payment Of money in excess of such appro-
| priations.
| Section 2,742 No contract or purchase on
| behalf of the United States shall be made, I'M
| less the same is authorized by law or is under
an appropriation adequate to its fulfillment,
except in the war or navy departments, for
| clothing, subsistence, forage, fuel, quarters or
transportation, which, however, shall not eX-
coed the necessaries of the current year
The object of the sections of the revised
statutes is plain. 1t is, first, To prevent any
money from being expended unless appropri-
ations have been made therefor; and second,
| to prevent the government from being bound
| by any contract not previously authorized by
law, except for necessary purposes in the war
| and navy departments, Under existing laws
the failure of Congress to make approrpria-
| tions required for the execution of the proyi-
sions of the election laws would not prevent
| this enforcement. The right and duty to APP
point general and special deputy marshals,
which these provide for, would still remain
and the executive department of the govern
ment would also be empowered to incur the
requisite liability for their compensation; but
| the second section Of this bill contains pro
! hihition not found in any previous legislation.
! lis design is to render the
ELECTION LAWS IMPERATIVE
and dead letter during the next fiscal year
| 1t is sought to accomplish this by emitting to
appropriate money for their enforcement and
| by expressly prohibiting any department of
! fcer of the government from mourning any Ii
ability under any of the provisions Of title 26
of the revised statutes authorizing the appoint
| ment or payment of general or special deputy
marslals for service on election days until an
| appropriation sufficient to pay such liabilities
| shall have first been made. The President is
called upon TO give his affirmative approval to
| u positive enactment which in affect deprives
| him of the ordinary and necessary means OF
executing the laws still left on 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 posi-
| tive enactments
THE AUTHORITY OF LAW,
he participates in the curtailmcnt of his means
Of seeing that the law is faithfully executed,
stitutional duty remains unimpaired. The
appointment Of special deputy marshals is not
made by statute spontaneous act Of authority
on the part of any executive or judicial officer
Of the government, but is accorded as a popu-
lar right of citizens to call into operation this
agency for securing the freedom Of elections
in any city or town of 10000 inhabitants or
upward. Section 2,02l of the revised statutes
puts il in the power of any Two citizens of
such city or town to require of the marshal o.
the district the appointment of the specia
deputies; thereupon the duty of the marshal
becomes imperative and its non-pe performance
will expose him to judicial mandate or pun
ishment, or to removal from office, by the
President, as the circumstances and his conduct
might require The bill now before me neither
revokes this popular right of the citizens or
relieves the marshals OF the duty imposed by
law, nor the President of his duty, to see that
the law is faithfully executed. | forbear to
enter again upon any general discussion of the
wisdom and necessity of the election laws or
the
DANGEROUS AND UNCONSTITUTIONAL
PRINCIPLE
OF this bill The power vested in Congress to
originate appropriations involves the right to
compel the executive TO approve any legisla-
ton which Congress may see fit to attach to
such bills, under penalty of refusing the means
needed to carry on an equal function of the
government My views on these subjects have
been sufficiently expressed in special messages
sent by me to the House of Representatives
during the present session What was said in
those messages regard as conclusive to my
duty in respect to the bill before me. The ar
guments used in those communications against
the repeal of the election 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 the supervisors of elections I'M
touched The compensation of these officers
is provided for under the permanent laws and
no liability for which an appropriation is now
required, would therefore be incurred by their
appointments; but the power of the national
government to protect them in the discharge
of their duty ut the polls would be taken
away. The State may employ both civil and
military power at the elections, but by the
bill, even civil authority to protect Congress
sional elections is denied the general govern
ment. The object is to
PREVENT ANY ADEQUATE CoNTRoAL
by the United States over national elections,
by forbidding the payment Of deputy mar
shals OF elections who are clothed with au-
thority to enforce the election laws. The fact
that these laws are deemed Objectionable by
the majority of both houses Of Congress is
urged as a sufficient warrant for this legisla-
ton. There are two ways always TO oyertun
legislative enactments; one is the reneal, the
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