Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-06-24
NUMBER FOUR.
ANOTHER VETO BY THE PRESIDENT
De FACT0.
He Returns the Judicial Expenses Bill to
the House with His Objections TO Its
Approval-A Plea for Radical
Election Bummers.

WASHINGTON, June 23.-The follbw-
ing is the text of President Hayes rpes-
sage vetoing the Judicial Expense Bill:
To the House OF Representatives:
After careful examination OF the
bill entitled "An act making approsia-
tions for certain judicial expenses l
return it herewith to the House of Rep
resentatives, in which it originated,
with the following objections to its APP
proval:
The general purpose OF the bill is to
provide for certain judicial expenses'of
the Government for the fiscal year
ending June S0th, 1880, for
which the sum OF S2,690,OO
is appropriated. These appropriations
are required to keep in operation the
general functions OF the judicial depart
ment of the Government, and II this
part of the bill stood alone there would
be no objections TO its approval. 1t
contains, however, other provisions, to
which | desire respectfully to ask your
attention.
Binding Effect of Existing Laws.
At the present session OF Congress q
majority of both houses, favOring the
repeal OF the Congressional election
laws embraced in Title 26 of the Re
vised Statutes, passed measure for
that purpose as part OF the bill
entitled "An act making appropriations
for the legislative, executive and
judicial expense of the government for
the fiscal year ending June 80, 1880, and
for other purposes" Unable TO concur
with Congress in that measure, on the
2Oth of May last | returned the bill TO
the House of Representatives., in which 1t
originated, without my approval Tor
that further consideration for which the
Constitution provides. On reconsider
alton the bill was approved by less than
two-thirds of the House and failed y
become a law. The election laws
therefore remain valid enactments and
the supreme law of the land,
binding not only upon all private citi-
Zens, but also alike aud equally upon
those who are charged with the duties
and responsibilities of the legislative,
executive and judicial departments OF
the Government. 1t is sought by the
bill before me TO repeal the election
laws. Its object is to defeat their en-
forcement. The last clause OF the first
section is as follows: "And no part OF
the money hereby appropriated is APP
propriated to pay any salaries, compen-
satiOn or expenses under or IN virtue
of Title 26 of the Revised Statutes, or OF
any provision of said title" Title 20 OF
the Revised Statutes referred to in the
foregoing clause relates To the elective
franchise, and contains laws now IN
force regulating Congressional cleo
tOns.
The second section OF the bill reaches
much further. 1t is as follows: 'Sec-
ton >. That the 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, 1880, and
no department or office OF the Govern
ment shall, during said fiscal year,
make any contract or incur any liability
for the future payment OF money under
anv of the provisions of title 26 of the
Revised Statutes of the United States,
authorizing the appointment or pay
ment of general or special deputy
marshals for service in connection
with elections or on election day,
until an appropriation sufficient to
meet such contract or pay such liability
shall have first been made by law"
This section of the bill is intended to
make an extensive and essential chang
i'm the existing law. The following are
the provisions of the statutes on the
same subject, which are now IN force:
SECTION 26, ,l79. No department OF the
Government shall eXpend in any one
fiscal year any sum in excess OF the APP
preparations made by Congress for that
fiscal year, or involve the Government
in any contract for the future payment
of money in excess of such appropria-
tons.
SECTION 2,732. No contract or pur-
chase on behalf of the United
States shall be made unless
the same is authorized by law, or
is under an appropriation adequate to
she fulfllment, except in the war and
navy departments for clothing, subsis-
tence, forage, fuel, quarters or transpor-
tation, which, however, shall not exceed
the necessities of the current year.
The object of these sections OF the
revised statutes is plain. 1t is, first, to
prevent any money from being eXpen-
ded unless the appropriations have been
made therefor, and, second, to prevent
the government from being bound by
anv contract not previously authorized
by law, except for certain necessary pur-
poses in the war and navy departments.
Under the existing laws, the failure
of Congress to make appropriations for
the execution of the provisions OF the
election laws would not prevent their
enforcement. The right and duty to APP
point general and special deputy mar
shals, which they provide for, would
still remain, and the Executive Depart
ment of the government would also be
empowered to incur the requisite La
bility for their compensation.
But the second section OF this bill con-
tains a prohibition not found in any
! previous legislation. Its design is to
render the election laws a dead letter
during the fiscal year. 1t Is sought 10
accomplish this by omitting to appro-
| pirate money Tor tnelr enforcement, ana
by expressly prohibiting any depart
ment or officer of the govern
ment from incurring any Gabil-
| ity under any OF the provisions
| OF title 26 of the Revised Statutes,
authorizing the appointment or pay
ment of general or special deputy mar
| shalls for service on election days, until
an appropriation sufficient to pay such
/ liability shall have first been made.
Effect of the Act.
The President is called upon to give
his affirmative approval to positive en-
aCtments which, in effect, deprive him
OF ordinary and necessary means OF ex-
ecuting the laws still left on the statute
book, and embraced within his Consd-
tutional duty to see that the laws are
executed. If he approves the bill and
gives to such positive enactments the