New-York tribune., 1879-05-12

I
ocR.rs IN A WORSE DILEMMA THAN THEY WERE
BEFORE
rEY TELEGRAPH TO THE TRIBUNB.I
U,sp1yGroy, May 1.-THE President has de-
,ded 10 veto the bill recently passed by Congress
and miscaed by the Democrats Dill 10 pIe'on'
military interference at elections"
The message setting forth the Presidents oDJec-
,ions 10 the measure and announcing bis reiusal 10
onnrove it is almost completed and Will be sent 10
,be House of Representatives tomorrow OF heA'
dav II will not he as long document as the mes
sage yetoing the Army bill but 1t Will be equaly
Do,nted and forcible and will dissect the measure
:, such manner as to make the Democratic posi-
tion in support of it much more untenaDie 'hSh
was that in support of the sixth section OF the Army
hin after that had been returned with the PreSi-
DENTS objections. Omitting quotations from laws
the forthcoming message Will I'LL ABOUT one ano
half column of The TRIBUNE
The Presidents action on this bill has the unan-
,mops approval of the members of the Cabinet, and
will unquestonaby be received by the country
,Nth as much favor as his former veto commanded.
No RIGHT TO PROTECT PROPERTY
The following is brief synopsis of the main
noiuts on which the President Will base his refusal
10 sign the Military Interference bill.
When the Democratic caucusses completed their
work il was announced by the leaders Of the party
that they had made this bill to conform to the
Presidents veto of the Army bill. He had said that
the laws now on the statute book would completely
prevent the use of troops in managing elections
and that therefore it was not necessary to pass
another law on that subject; but if the measure
sent to him had been law which would more COM
petey cover the use Of troops for controlling cleo
tions he would have been willing to have that
passed. because he did not desire to have the Army
used in that way.
In orderto meet this objection, the Democrats
gave out that they had made their new bill to
conform substantially to the Presidents message.
They gave out the impression that they had simply
framed a law which should declare that the troops
should not be used elections. That is the pre-
fence on which they have passed the measure. and
On which they have expected the President to ap-
prove it,
But that is not the character of this bin at all.
This bill does not say that the Army and Navy of
the United States shall not be used to control cleo
tions. but that the Army and Navy of the United
States shall not be used at all, except In certain
cases when they are called for by the State authOr
ties and shall not be brought TO any place for any
purpose where general or special election is be-
ing held. Leaving out that exception which says
that if the States want troops and call for them
they may be used TO enforce the State
laws it then means simply this, that wherever and
whenever an election is being held anywhere in the
United States, there the Army of the United States
shall not be for any purpose whatever, as for in
stance TO protect the Custom House aud Post
Office, the Court House and public buildings at
Pttsburg from a riot that would tear them down
o. burn them up if such q riot should happen on a
day when Justice of the Peace was 10 be elected.
If this bill should become a law and be in force il
would be unlawful for the United States TO protect
Its own property from destruction and demolition
OF to take its troops where they could protect it.
The bill does not say that no person shall take
troops TO the polls TO control elections but it says
that they shall not be there for any purpose the
day when an election is being held.
Having tied the hands of the General Government
and made il pOweress to execute its laws or pro-
iect It's property, the bill recognizes the greater
sovereignty of the States by providing that if a
State wants troops at the polls, matter for what
purpose, whether TO control elections or anything
else, # the Legislature or Governor of the State
calls for them, thcn the United States may 20 there
with the Army and serve the State. But there arc
certain days IN the year throughout the Union that
the United States shall not enforce its laws pro-
tect ITS property as on every ether day Of the year
~ may do so.
AN ATTACK ON An HISTORIC POLICY.
The President will also object to the bill because
it would repeal all acts authorizing the Executive
to use force in the execution Of the laws, and
change the policy Of the Government which has
been uniform from the time of Washington to the
present day. The laws referred to include the acts
OF 1892 and 1875, enacted III Washington's
time, the law approved by Madison in
1907, that signed by Jackson in 1888,
and those of 1861 aud 1865. There has
indeed been a white line OF law, from Washngton's
time until now, that empowered the President to
enforce the laws of the United States whenever
The maTshalS could not succeed in doing it: and
that power and duty have remained uuquostioned.
But this bill says that there are certain days in the
year and for aught any one knows a State may In
crease tie number indefinitely when this power
shall not exist. The bill has been framed with
curious skill.
There is another very serious objection to the BILL
There IS on the statute book body Of laws that
would cover twenty pages if they were all collected
ID winch the President is specifically empowered to
Enforce the laws by the use Of the Army if neces-
haiy. Ims bill contains general vague expression
winch says "all laws inconsistent with this are re-
poaied.' There is not lawyer in the country who
'aA telI what that sentence would repeal. 1t is "a
penal statute, and every man from the President
uo"n may render himself liable 20 a criminal prose
eu'on under it that, besides its innate bad
ness, the bill has the additional fault of being
'ague-an utterly vague criminal statute. 1t might
,aAe ten years of litigation in the courts before any
pealed. 80
The Presidents objections TO the bill may there
.oie .9e summarized follows: ID That the bill
soiods the President under certain circumstances
nu al certain times to enforce the laws and protect
tue property Of the United States and repeals "a
tolg Inc Of acts approved by Washington Jeier-
Vn, jackson and Lincoln for that purpose, each
tSetSd 10 meet some great emergency. W That
c s eueet OF the Dill would be 10 strengthen State
t iZnty at the expense Of the General Govern
@IIII Dy clipping away the powers of the latter
TtaHo tne iormer would remain unchanged. (3l
H. the repeating clause of the bill Is vague and
's eAect cannot be fOreseen.