Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1879-07-02
Veto of tt e Judicial Appropriation Bill.

To the House Of Repres entatiUes.
After careful examination of the bill entitled
IAN act making appropriation for certain judicial
expenses" return it herewith to the house OF
representatives, In which IL originated with the
following
OBJECTIONS
to it's approval: The general purpose of the bill
is 10 provide for certain judicial expenses of the
government C for the fiscal year ending June both,
1880. for which the sum Of 50 800 600 appropri-
ated. These appropriations are required to keen
in operation the general functions of the judicial
department of the government. and if this part of
tne DILL stood alone there would be no objection
to its approval.
1t contains, however, other provisions to which
desire respectfully to ask your attention. At the
present session OF congress a majority Of both
houses, favOring a repeal of the congressional
election laws embraced in title % of the revised
statutes, passed measure for that purpose as
part OF Dill entitled IAN act making apprOpria-
lions for the legislative, executive and judicial
expenses OF the government for the fiscal year
ending June 30, 1oSO,and for other purposes" I'm
aole 10 concur with congress in thar measure on
the 29th OF May last, / returned the bill to the
mousse OF representatives in which it originated
without my approval for that further considera
Con 1of Wnlcb the constitution provides. On re-
consideration the bill approved by less than
tWO-thlrdS OF the house and failed to become
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.
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. compensation, fees or expenses
under or by virtue of section 26 of the revised
statutes, or of any provision of said title" Title
26 OF the revised statutes referred to in the fore
going clause, relates to the elective franchise and
contains the laws now in force regulating con-
bill reaches much further and is as follows:
Section 2, 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 for the fiscal year ending June 80,
$780, 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 toe title OF
the revised statutes, authorizing the appointment
or payment of general of special deputy marshals
tor service, IN connection with the elections. or
on election day, until an appropriation sufficient
to meet such contract or pay such liability shall
have first been made by law.
EXISTING LAWS UNEEPEALED,
This section of the bill is intended make an ex-
tensive and essential change in the existing laws
The following are the provisions of the statutes on
the same subject which are now in force:
Section 1919. No department of the government
shall expend in any fiscal year any sum in ex-
cess OF the appropriations made by congress for that
fiscal year, involve the government in any con-
tract for future payment of money in of such
appropriations.
Section 1892. No contract or purchase on behalf
of the United States shall be made unless the same
is adequate to its fulflment. except in the 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 10 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-
vousy authorized by law except for certain neces-
sary purposes in the war and navy departments IN
der existing laws The failure of congress to make
the appropriations required for the execution of the
provisions of election laws would prevent their
enforcement. The right and duty to appoint gener-
al and special deputy marShals which they provide
for, still remain The executive department would
also be empowered to incur the requisite liability
for their compensation but the second section of this
bill contains prohibition not found in any pre-
vlous legislation.
ITS DESIGN
is 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 expressly prohibiting.
any department or officer of the government from
mourning any liability under any of the provisions
of title % of the revised statutes authorizing the
appointment or payment of general or special deputy
marshals for services election day till an appro-
priation sufficient pay such liability shall have
been made. The president is called to give affir-
native approval to positive enactment, which in
effect deprives him of the ordinary and necessary
means of executing laws still left on the statute
book, and embraced within his constitutional duty
to see that the laws are executed. 1t he approves
OF such bill and thus give to such positive enact
ments an authority or law he participates in the
curtailment of his means of seeing that the law is
faithfully executed while the obligation of law and his
constitutional duty remains unimpaired. The ap-
pointment of special deputy marshals is not made
by statute, spontaneous act of authority the
part of any executive or Judicial officer the gov
ernment but is accorded as
POPULAR RIGHT
of the citizens to call into operation this agency for
securing the freedom of elections in any city
town having 10000 inhabitants upward
Section 2J21 of the revised statutes puts it in the
power of any two citizens Of such city
qure of the marshal of his district the appointment
of these special deputies The duty of the marshal
becomes imperative. and its non performance will
expose him to judicial mandate punishment, or
to removal from Office by the president, as the cir
cumstance of this conduct might require The bill
now before me neither revokes this popular right of
the citizens, relieves the marshals of the duty i'm
posed by law, nor the president of his duty to
that this law is faithfully executed.
FoRBEARs ENTERING UPON GENERAL DISCUSSION.
Iforbear to enter upon any genera 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 out an essential function of the govern
ment. Ny views on these subjects have been
sufficiently presented in special messages sent
by me to 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 REPEAL OF THE ELECTION LAWS
and against the right Of congress to deprive the
executive of that separate and independ dent dis
cretton and judgment which The constitution
confers and requires, are equally cOgent in oppo-
s1tlon to this bill. This measure leaves the pow
ers and duties of supervisor of elections I'M
touched. The compensation of those officers
is provided for under permanent laws and no
liability for which an appropriation is now re.
quired would therefore be incurred by their ap-
po1ntment, but the
POWER OF THE NATIONAL GOVERNMENT
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 to 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 forb1ddiDg the payment
of deputy marshais, officers whs are clothed
with authority 10 enforce the election laws. The
fact that these laws deemed Objectionable by
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 egsla-
tive enactments: One is by repeal; the other is
the decision of competent tribunal against
their validity. This bill is to deprive the execu-
tive department of the government of the means