Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1879-06-26
The Judicial Bill.
VETOED BY THE PRESIDENT.

priations for certain judicial ex-
penses," return it herewith to the
House of Representatives, in which
It originated, with the following OBJ
jections to its approval: The gen.
eral purpose of the bill is to provide
for certain judicial expenses of the
Government for the fiscal year end.
ing June 80, 1880, for which the sum
of$2, 100000 is appropriated. These
appropriations are required to keep
in operation the general functions of
the judicial department Of the Gov
eminent, and if this part of the bill
stood alone there would be no obiec.
ton to its approval.
OBJECTIONABLE RIDERS.
1t contained, however, other pro.
visions to which ! desire respectfully
to ask your attention. At the pres.
ent session of Congress a majority of
both houses favoring repeal Of the
Congressional Election laws EN-.
braced in title 90 of the Revised
Statutes, passed a measure for that
purpose, as part of bill entitled
An act making appropriations for
the legislative, executive and Judi
cial expenses of the Government for
the fiscal year ending June 80, 1880,
and for other purposes" Unable to
concur in that measure, on the goth
of May last returned the bill to the
House OF Representatives, in which
it originated, without my approval,
for that further consideration for
which the constitution provides. On
reconsideration the bill was approved
by less than two-thirds of the House,
and failed to become law. The
election laws therefore remain valid
enactments and the supreme law of
the land, binding not only upon all
private citizens, but also alike and
equally binding upon all who are
charged with the duties and RESPONSE.
bilities 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: "An1 40 part of the
money hereby appropriated is appro-
priated to pay any salaries, COM
pensation, fees or expenses under or
in virtue of title 20 of the Revised
Statutes. or of any provision of said
title" Title 20 of the Revised Stat.
utes referred to in the foregoing
clause relates to the elective franchise
and contains the laws now in force
regulating Congressional elections.
The second section of the bill reaches
much further. II is as follows:
SECTION 2. That the sums appro.
priated in this act for persons and
the public service embraced in its
provisions are in full for such persons
and the public service for the fiscal
year ending June 80, 1880, and no
department or officer of the Govern.
ment shall during said fiscal year
make any contract or incur any lia-
bility for the future payment of mon.
ey under any of the provisions of
title 20 of the Revised Statutes of
the United States authorizing the ap.
pointment or payment of general or
special Deputy Marshals for service
in connection with elections or on an
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
change in the existing laws. The
following are the provisions of the
statutes on the same subject, which
are now il force:
THE EXISTING LAW.
SECTION 2e97. No department of
the Government shall expend in any
one fiscal year any sum in excess of
the appropriations made by Congress
for that fiscal year, or involve the
Government in any contract for the
future payment of money in excess of
such appropriations.
Sec. 2732. No contract or pur-
chase on behalf of the Uuited States
shall be made unless the same is au.
thorized by law or is under an ap.
preparation adequate to Its fulfillment
except in the War and Navy De-
partments- for clothing, subsistence,
forage, fuel, quarters or transporta-
ton, which, however, shall not ex-
coed the necessaries of the current
year.
The object of those sections Of the
Revised Statutes is plain 1t is, first,
to prevent any money from being ex-
pended unless appropriations have
been made therefor and. second, to
prevent the Government from being
bound by any contract not previous.
ly authorized by law, except for GER
tain necessary purposes in the War
and Navy Departments under exist.
ing laws. The failure of Congress to
make the appropria tons required for
the execution of the provisions Of
the existing laws would not prevent
their enforcement. The right and
duty to appoint general and special
Deputy Marshals, which they provide
for, would still remain, and the Exc
cutive Department of the Govern.
ment would also be empowered 70
incur the requisite liability for their
compensation. But the second sec.
ton of this bill contains prohibition
not found in any previous legislation.
ITS DESIGN IS TO RENDER THE ELEc.
TIoN LAWS IMPERATIVE
and dead letter during the next fis-
cal year. 1t is sought to accomplish
this by emitting to appropriate mon.
ey for their enforcement, and by ex-
pressly prohibiting any department
or officer of the Government from in
curing any ability under any provis.
ions of title 26 of the Revised Stat.
utes, authorizing the appointment
and payment of general or special
deputy marshsls for service on elec-
ton days, until an appropriation suf-
ficient to pay such liability shall have
FIRST been made. The President is
called upon to give his affirmative
to positive enactment
which in effect derives him of the
ordinary and necessary means OF ex-
-