Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1879-06-05

eGutlVe, ana judicial appropriation bill
to the house with the following mes
sage:
Message to the House Of Representatives.
SIRs-After mature consideration OF the bill
entitled " an act making appIoprlatlods lor me
legislative, executive and judicial expenses OF
the government for the fiscal year enalns June
30th, 1880, and for other purposes nereWun
return 1t TO the house OF representatives. in which
1t originated, with
The FOLLOWING OBJECTIONS
to its approval:
The main purpose of the bill is to appropriate
money required 10 support, during tha next Hscai
years, the several civil departments OF the gov
ernment The amount appropriated exceeds IN
the aggregate $4,000 COO. This money Is needed
10 Keep II operation the essential functions OF al
the great departments OF the government; iegls-
atlVe, executive and Judicial. Ii the Dill con-
tanned no other provisions, no objection to us |
approval would be MADE. II embraces, however: |
general interest which are wholly unconnected
with the appropriation for which IL provides
The objections TO the practice OF attachlng gen
eral legislation to Appropriation bills, especially
when The object is to deprive coordinate branch
Of the government of its right TO the Tree exer-
else OF its own discretion and Judgment touching |
such general legislation, were set forth IN the |
special message in relation TO mouse OIL NO. l.
which was returned to the house OF representa-
lives on the 29th of last month l agree that the
objections which were then expressed as 10 this |
method of legislation, have seemed to congress
OF sufficient weight TO dssuade from this renewed
incorporation of general enactments in an ap-
preparation bill, and that my constitutional outy
IN respect 10 the general legislation thus placed
before me, cannot be discharged without seeming
20 delay, however brifV, the necessary appro-
priations by congress for the support OF the gov
eminent. Without repeating these objections
respectfully refer to that message for statement
Of my views on the principle maintained IN de-
bate by the advocates of this bill, viz: that to
Withhold apropr ations is constitutional means
for the redress of what the majority OF the house
Representatives haVeIegarded as grievance.
EHE BILL CONTAINS THE FOLLOWING CLAUSES,
And provided further, that the following
sections of the revised statutes, of the United
States, namely: sections 2,Ol6 2,O1S and 2,020 anC
all OF the succeeding sections of said statute
down to and including sections 2,G27 and also
section 522, be, and the same ere hereby re-
pealed = and that all the other sections of
the r-vised sta utes, and all laws and parts OF
laws authorizing the appointment of chief su
perVisors of elections. special deputy marshals OF
elections, or general deputy marshals having any
duties to perform in respect 10 any election and
prescribing their duties and powers and allow
ing their compensation, the same are hereby re-
peaed."
1t also contains clauses amending sections
20l7, 2 019, $50 and 2,031, of revised statutes.
The section of the revised statutes which the
bill, if approved would repeal or amend, is an act
approved May Both, 1870 and amended February
18th 1871, entitled " An act 10 enforce the rights
OF citIzens of the United States to vote in the
several states OF this union and for other pur-
poses" All of the provisions of the above
named acts which it is proposed in this bill to
peal or modify, relate to congressional elections.
THE REMAINING PORTION OF THE LAW
which VIII continue in force after the enactment
of this measure is that which provides for ap-
pointment, by judge of tao circuit court of the
United States, of two supervisors OF election in
each election district at any congressional cleo
ton, on due application OF citizens who desire,
in the language of the law. to have such election
guarded and scrutinized. The duties of super
yisors will be to attend at the polls at all con-
greSslonal elections and oreman after the polls
close until every vote cast mas been counted, but
they will have no authority to make arrests 10
perform other duties the immeI iate presence
of officers holding the elecuon and to witness all
their proceedings including the counting or votes
and making a return Thereof. The part of the
election law which will BE- repealed By the ap-
prevail ofthis bill includes those sections which
give authority to supervisors of elections to per-
sonaly scrutinze the count and canvass of each
ballot and all the sections which confer authority
upon U. ). marshalS and deputy marShal5 In con-
neCtlon with congressional elections. The enact
ment of this bill will also repeal 1922 of the
criminal statutes OF the US, which was enacted
FIR the protection of U. S officers engaged IN the
discharge OF their duties 1t congressional cleo
lions. his section projects supervisors and
| marShalS in the performance OF their duties by
! making obstruction or 3ssaulting of these Off
GERS or any interference with them, by bribery or
solicitation or otherwise, crimes again st the U. s.
| The true meaning and effect of the proposed leg
lslatiOn are plain. Supervisors with authority to
! observe and witness proceedings at congressional
elections VIII be leit but there will be no power
|
their duties or to punish any violation of the law
| nom which their powers ere derived.
| II THIS BILL Is APPROVED
only the shadow of authority of the O. s. at ma
tlCnal elections Will remain; the substance will
| be gone. Supervision OF elections will be re-
| duced TO mere inspection without authority on
the part of the supervisor TO Go any act whatever
| To make the election a fair one. All that Will be
left TO supervisors is the permission to have such
OVERSIGHT OF elections as political parties are in
| ar hnrIfT n
| law In order TO prevent Their opponents from OBJ
tanning unfair advantage. The object of the bill
| ls TO destroy any control whatever by the U. S.
| over congressional elections.
The passage of
THIS ELL HAS BEEN URGED
| upon the ground that the election of members Of
| congress Is u matter which concerns the states
alone, that these elections should be controlled
| exclusively by states; that there and can be
| no such elections as national elections, and that
the existing law OF the Q. s. regulating congress
Slonal elections is without warrant In The cOnsti-
tuition. 1t Is evident. however, that the trainers
of the constitution regarded the election of mem
bers OF congress in every STATE and in every dis
! trcC as IN very important sense justly matter
| OF political interest and concern to the whole
country. The original proposition Of the consti'
tuition on this subject is as pillows:
| Sec. Nv, art. I. The times places and manner of
holding elections for senators and representatives
Shall be prescribed in each state by the leg sla-
iure thereof, but congress may at any time by
! law make or alter such regulations except as 10
| the places Of choosing senator's.
FURTHER Provision
has been since added which Is embraced in the
nlteenth amendment. 1t is as follows:
Section l. The right of citizens of the u S. to
vote shall not be denied abridged by the U. s.
or by any state on account OF race, color preYi
Gus condition OF servitude.
section 2. The congress shall have power to
enforce this article by appropriate legislation un
Ger the general proYislon Of the constitution,
sectlon ~, article I.
Congress- in 1895 passed a compreh ensive law
which prescribed a fall and detailed regulation
for the election Of senators by the Legislature OF
The several states. THIS law has been in fol ce al
most thirteen years. In pursuance OF II all the
members OF The present senate OF the United
states hed their seats. Its constitutionality is
not called in question. Ii is confidently believed
mat no sound argument can be made in support
OF the ConstltutioLality OF the national regulation
OF senatorial elections which will not show that
the election of members of the house of represen-
latlVes may also be constituhenally regulated by
national authority.
The bill before me itself recognizes the princi-
pie that the
CONGRESSIONAL ELECTIONS ARE NOT STATE ELEc-
TIoNs,
but national elections 1t leaves in full force the
EXISTING statute under which supervisors still
20 be appointed by national uthorty TO "observe
ana witness congressional elections whenever
que Application IS made by citizens who desire
said elections to be guarded and scrutnIzed. II
power TO supervise in any respect whatever the
congressional elections exists under section War
Icle of the constitution il is power which like
every other belonging to the government of the |
Gnlted states Is paramount and supreme, and in |
'luues Inc right to employ necessary means 10 |
>srry it into effect. The statutes of the United |
States which regulate the election of members of |
t1e mouse OF representatives. an essential part OF
which it is proposed to repeal by this bill. have |
oeen IN force ABOUT eight years. Four congress
slcaa! elections have been held under them, two |
OF Whieh were at the presidential elections of |
1872 and 1876. Numerous prosecutions have been |
made under these laws and in no reported case |