The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-06-24
ANOTHER VETO.
The President Fresh and Smiling
Once More
Tears The Veil From the Democratic
Mokanna, and
Exposes the Features to the Kmeri-
can People.

: WASHINGTON, June 23.-The followingi
!, the text of President Hayes messag
|, vetoing the Judicial expense bill;
! To The House Of Representatives.:
After a careful examination OF the Bill
entitled "An act making appropriations
for certain Judicial expenses" | return I
herewith TO the House OF Representatives
in which 1t originated, with the following
objections to It's approval:
The general purpose Of the bill is Ia
provide for certain judicial expenses Of the
Government for the fiscal year ending
June3O, 1880, for which thesIm OF s., $780,.
900 is appropriated. These appropriations
are required to keep in operation the gen.
cral functions of the Judicial department
Of the Government, and II this part OF the
bill stood alone there would be no ObjeC-
tions to its approval. 1t contains, how
ever, other provisions to which ! desire
respectfully to ask your attention.
At the present session OF Congress a
majority OF both houses, favoring the 70.
peal Of the Congressional election laws
embraced in title 20 OF the Revised Stat
utes, passed Il measure for that purpose
as part OF the bill entitled "An act max.
ing appropriations for legislative, exeCu-
tive and Judicial expenses Of the govern.
ment for the fiscal year ending June 30th,
1880, and for other purposes" Unable to
concur with Congress in that measure on
the 10th Of May lust returned the bill to
the House Of Representatives, in which it
originated, without my approval, for that
| fNa ,OH al, hal
stitution provides. On reconsideration
the bill was approved by loss 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 pri-
Vate citizens, but also alike and equally
upon those who are charged with the du.
ties and responsibilities Of the legislative,
executive and judicial departments Of the
government.
1t is not sought by the bill before me to
repeal the election laws. It's object is to
defeat their enforcement. The last clause
oi the first section Is US follows: "And no
part OF the money hereby appropriated
is appropriated to pay any salaries, COM
pensation or expenses under or in virtue
OF title 3Gof the Revised Statutes or OF any
provision OF said titla. Title gu OF the Re-
vised Statutes referred to in the foregoing
clause relates to the elective franchise,
and contains the laws now in force regua-
ting Congressional elections"
The I'd section Of the bill reaches much
further. 1t is US follows:
SEC. .. That the sums appropriated in
this act for persons and public service EN-.
braGed in its provisions arc IN full for such
persons and public services for the fiscal
year ending June Both, 1850, and no de.
partment or officer OF the government
shall, during said fiscal year, make any
contract or incur any liability Tor future
payment Of lnonoY under any OF tho pro-
visions oil title 20 Of the Revised Statutes
OF the United States, authorizing the ap.
pOintment or payment OF general or spe-
cial deputy mArshals for service in con-
neCtiOn withieleCtiOns or on election day,
until IN appropriation sufficient to meet
such CONTRACT or pay s9Oh 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 law. The following are the
provisions OF the Statutes OIL the same
subject which are now in force:
SEC. 2,GI0. No departments Of the Gov.
ernment shall expend in any one fiscal
year any sum in excess OF the appropria-
ton made by Congress Tor that fiscal year,
or involve the Government in any contract
for the future payment OF money in excess
OF such appropriations.
SIC. 2,732 No contract or purchase on
behalf Of the United States, shall be made
unless the same is authorized by law, or is
under an appropriation adequate to the
flliiliment, e&capt in the War or Navy
Departments, for clothing, subsistence,
forage, fuel, quarters or transportation,
which, however, shall not exceed the
necessities OF the current year.
The object OF these SECTIONS OF tho Re-
Vlsed Statutes is plain. It Is first, to pre-
won't any money from heing expended un-
less the appropriations have been made
therefor, and, second, to prevent the Gov
ernment from being bound by any con-
tract not previously authorized BY law, ex-
Cept for certain necessary purposes in the
War and Navy Departments.
Under the existing laws the failure OF
Congress to mako appropriations for the
execution OF the election 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 executive de.
partment OF the Governm6nt would also
be empowered to incur the requisite liza.
bility for their compensation. But the
second section OF this bill contains pro.
hibition not found in any previous legisla-
ton. Its design is to render the election
laws q dead letter during the FISCAL Yoar.
1t Is sought to accomplish this by omItting
to appropriate money for their enforce.
ment, and by expressly prohibiting any
department or officer Of the Government
from mourning any liability under any OF
the provisions OF article 20 OF the re-
vised statutes, authorizing the anpoint-
ment and payment Of general or special
deputy marshals for service on election
days until an appropriation sufficient to
pay such liability shall have first been
made.
The President is called upon to give his
Affirmative approval 10 positive" enact
ments which, in elEeOt deprive him OF or.
dinary and necessary means OF executing
laws still left on the statute book and en-.
braced within his constitutional duty to
see that the laws are executed. II he ap-
proves the bill and gives to such positive
enaetmeIts tho authority OF the fay, he
participates IN Tie clrtailment "of Ills
means OF seeing that the law is faith
fully executed, while the obligation Of the
law, and Of his constitutional duty re.
mains unimpaired. The appointment ol
. special deputy marshals is not made by
the statutes spontaneous act Of authority
J on tho part Of any executive or judicial
officer OF the Government, hut Is sscNorled
/, as popular right of citizens to call into
operation this agency for securing the
t freedom Of elections in any city or town
having 10000 inhabitants or upwards.
! Section 202l Of Revised Statutes puts il
/ in the power Of any two citizens Of such
!. city or town to require OF the marshal q
. the DISTRICT the APPOINTMENT Of these spe
a Cial deputy rparshalS, thSreupon the duty
Of the marshal becomes imperative, anC
n lts non.periormance will expose him Il
/. judicial mandate or punishment or to re
moval from office by the President, as tht
circumstances Of his case might require.
/. The bill now before me neither revoke