Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1879-06-27
Veto of tie Judicial Approximation Bill.

! - cog ApHSt u representatives
after careful examination Of the bill entitled
aii act hakihg Appropriation for certain iudirial
expenses, / return it herewith 10 tbe honss ~
following WIN '"e
OBJECTIONS
to it's approval: The general purnoss ~ ~, ~,
II 10 provide for certain judicial expensas or H.
government for the fiscal year ENDING limo 3n,b
1851 for which the sum Of $1,000, 200 is appropr
ated, These appropriations are reuntren r. kca,,
IN operation the general functions OF the udIrial
department of the government, and if this mar, Of
the bill stood alone there would be no oblection
TO its approval.
II contains, however other provisions TO which
desire respectfully TO ask your attention. AT the
present session of congress majority of both
houses, favOring repeal of the congressional
election laws embraced IN title Is OF the revised
statutes, passed measure for that purpose as
part Of bill entitled IAN act making appropria-
tions Tor the legislative, executive ana judicial
expenses of the government for the fiscal year
ending June 80, lsSOand for other purposes" Un-
able TO concur with congress in that measure on
the 29th of May last, returned the bill TO the
house OF representatives in which it originated
without my approval for that further eonsidera
ton for which the constitution provides ON re-
consideration the bill was approved by less than
twothlrds OF the house and failed TO become a
| law. The election laws, therefore, remain valid
and the supreme law of the land binding not
only upon the private citizens, but also alike and
equally binding upon all who are charged with
the duties and responsibilities of the Legislative
executive and Judicial departments OF the gov
eminent. 1t is not sought BY the bill before me
to repeal the election laws.
IT'S OBJECT
Is to defeat their enforcement. The last clause OF
tue tirst section is as follows: And no part "a
the money hereby appropriated is appropriated 10
pay any salaries, compensation, fees or expenses
under or by virtue of section ri OF the revised
statutes, or Of any provision OF said title" Title
~ OF the revised statutes referred to in the fore
gong clause, relates to the elective franchise and
contains the laws now in force regulating con.
grgsslonal elections The second section Of the
bill reaches much further, and is as follows:
Sectloh :, that sums appropriated in this act for
persons and the public service embraced in its
provisions, are IN full Tor such persons and pub.
lie service Tor the fiscal year ending June 30
1850, and no department or officer of the govern
ment shall, during the fiscal year, make any con.
tract or incur any Liability for future payment for
money under any OF the provisions OF the title OF
the revised statutes, authorizing the appointment
or payment OF general of special deputy marshals
lor service, N connection with the elections. or
on election day until an appropriation sufficient
to meet such contract or pay such liability shnIi
have first been made by law.
EXISTING LAWS uNRErEALEp.
This section of the bill is intended to make an ex
tehsiSe ana essential change in the existing laws.
the same subject which are now in force.
Section 1913. No department of the government
shall expend in any one fiscal year any sum in ex-
Of the appropriations made by congress for that
fiscal year, or involve the government in any con-
tract for future payment OF money in of such
appropriations
Of the United States shall be made uuless the same
is adequate to its fultllment except il the war and
navy departments for clothing subsistence, forage
fuel, quarters or transportation, which. however
shall hot exceed the necessares OF the current wear
The object of these sections OF the revised
statutes is plain. 1t is first to prevent any money
from being expended unless the appropriations have
been made therefor; second, to prevent the govern
ment from being bound by any contract not pre-
Nonsly authorized by law, except for certain neces
sary purposes in the war and navy departments uu-
der existing laws The failure OF congress to make
the appropriations required for the execution of the
provisions of election laws would not prevent their
enforcement. The right aud duty to appoint gener-
al and special deputy mar halls, which they provide
for, still remain The executive depal tment would
also be empowered TO incur the requisite liability
Tor their compensation, but the second section of this
bill contains u prohibition not found in any pre-
NlouS legislation.
ITS DESIGN
is to render the election laws imperative and dead
letter during the next fiscal year 1t is sought
accomplish this by omittint appropriate money
for their enforcement and ..ressy prohibiting
any department or officer of the government from
mourning any liability under any of the provisions
OF title III of the revised statutes, auth)iizng the
appointment or payment of general special deputy
marsllas for services ON election day till an appro-
priation sufficient TO pay such liability shall have
been made. The president is called to give atlir-
NATIVE approval to positive enactment, which in
effect deprivcs him OF the ordinary aud necessary
means of executing laws still left on the statute
book, aud embraced within his constitutional duty,
TO that the laws executed II he approves
OF such bill and thus give to such positive enact
ments an authority OF law, he participates in the
curtalment of his means of seeing that the law is
faithfully executed while the obligation Of law and his
constitutional duty remains unimpaired. The ap-
pontmeut of special deputy marshals is not made
by statute, spontaneous act of authority ON the
part of any executive iulicirl officer the gov
crnment, hut is accorded
POPULAR RIGHT
Of the citzcuS call into operation this agency for
securing the freedom of elections in any city OF
m n bnV > N hal Ia ria mr. uYNl
Section 2J2l Of the revised statutes puts it in the
power Of any two citizens Of such city towns to
quire OF the marshal Of his district the appointment
of these special deputies. The duIy of the marshal
becomes imperative. and its non performance will
expose him to judicial mandate or punishment, or
to removal from office by the president, as the cir
cumstanCe Of this conduct might require The bill
now before me neither reyokes this popular right Of
the citizens, relieves the marshals of the duty i'm
posed by law, the president of his duty to
that this law Is faithfully executed.
FoRBEARs ENTERING uPoN GENERAL DISCUSSION.
forbear to enter upon any general discussion
of the wisdom and necessity of the election laws
or the dangerous and unconstitutional principle
Of this bill and the power vested in congress To
originate appropriations involving the right 10
compel the executive to approve any legislation
which congress may see fit to attach TO such bills
under the penalty Of refusing the means needed
to carry ont an essential function of the govern
ment. My views on these subjects have been
sufficiently presented in special messages sent
by me 10 the house OF representatives during
messages regard as conclusive as to my duty In
respect to the bill before ME. The arguments
urged in these communications against
THE RErEAt OF THE ELECTION LAWS
and against the right of congress TO deprive the
executive of that separate and Independent dis
erection and judgment which the constitution
coniers and requires, are equally cosent in oppo,
sition to tins bill. This measure leaves the pow
ers and duties of supervisor of elections un.
touched The compensation Of those officers
il provided for under permanent laws ana no
liability for which an appropriation is now re.
CURED would therefore be incurred by their ap-
pointment, but the
POWER OF THE NATIONAL GovERNMESr
to protect them in the discharge OF their duty
at the polls would be taken away. The states
may employ both the civil and military power at
elections, but by this bill even the civil authori.
ty 10 protect congressional elections is denied
TO the United states. Its objects is to prevent
any adequate control by the United states over
the national elections by forhidding the payment
of deputy marshas, officers who are clothed
with authority 70 enforce the election laws. The
fact that these laws are deemed Objectionable ny
majority OF both houses OF congress is urged
sufficient warrant for this legislation.
HOW LEGISLATION MAY be OVERTURNED.
There are two WAYS always to overturn legsil-