New-York tribune., 1879-04-29
A VETO OF THE ARMY BILL.
THE MESSAGE TO BE SENT IN TO-DAY.

pRIFIY OF LEGISLATION BY "RIDERs."
The regular correspondent of THE TRIBUNE
nj Washington telegraphs the substance of
the message of the President, vetoing the
Army bill. which will probably be sent to
Congress to-day. The President takes the
ground that the political legislation in the
bill is entirely uncaled for. He also holds
that no law can be enforced without friction,
and that it would be as well to repeal
the election law outright as to take away
from the President the power of enforcing 1t
while allowing the law itself to stand. The
President objects strongly to the provision
forbidling the civil authority to keep the
peace at the polls. He also discusses the
practice of attaching general legislation to
appropriation bills, and condemns it strongly.
AN ABSTRACT OF THE MESSAGE.
TIE PROPOSED LEGISLATION NOT DEMANDED BY
THE PEOPLE AND NOT AT ALL NECESSARY
VICIOUS OBJECTS AND TENDENCIES OF The
BILL.
rBY TELEGRAPH TO THE TRIBUNE.l
WASHINGTON April 2S.-The President will re-
turn the Army Appropriation bill to the House of
Representatives without his signature soon after
the meeting of Congress tomorrow noon. The veto
message has been carefully prepared by the Presi-
dent aud, it is reported, has the approval of every
member of the Cabinet.
In opening his message the President will an
nounce that If the Army bill had contained only
sections making appropriations of money no would
probably have signed it, but this bill embraces in
ts sixth section legislation which is very objection
able.
He then proceeds to point out the features OF it
which do not meet with his approval In the first
place. il forbids the of troops to keep the peace
at the polls. This provision the President declares
to be unnecessary and uncalled-fOr this time. In
June, 1878, Congress passed an act fOrbidding the
use of United States troops by civil officers OF the
United States as q posse comitatus except
in cases where such use is expressly authorized by
law. Since the passage Of that act no one pretends
that troops have been near the polls at election,
or that he has any fears that soldiers will be used
TO influence elections There is no purpose on the
part of the Executive to make such use of troops
even if the law OF June, 1878, did not cffectualy
prohibit it. The pretenC therefore, that there is
any occasion at the present time for legislation of
this kind has no foundation in fact The President
will hint very strongly that it is not for the purpose
of preventing military interference with elections
that the present legislation is proposed.
MORE OBJECTIONABLE FEATURE.
The second effect of the sixth section of the bill is
to prevent the use of force by civil officers of the
law to preserve the peace to enforce the laws Of
the United States at the polls election day. THIS
in the estimation of the President is the most OBJ
jectionabe feature of the bill.
The right of Congress to enact the Federal Elec-
ton laws cannot be disputed by any one who
studies the Constitution Of the United States in the
light of cOntempOTaneOus comment That right In
cludes the protection of the voter and his rights
and the honest counting of the votes after they
have been cast The necessity of such legislation
must also be admitted by every one who is familiar
with the history of elections IN this country. and
especially in the large cities during the last fifteen
years The election laws therefore cOnstitu-
tional; they are necessary; they have been prop
erly enacted There is no serious complaint
against the execution Of these laws. No laws can
be enforced without some friction, and If these
laws need to be changed Congress has the power to
amend them That is not what Congress proposes
to do in this bill. 1t seeks to deprive the Executive
of the power to enforce the laws which, so far as
this bill is concerned. are allowed to remain upon
the statute book unchanged. That is proceeding
of which the President says he will not approve.
To forbid the enforcement of law, or TO say that
no force shall be used in the execution of it, is tan
tamount to repeating the law itself If Congress
thinks that the election laws ought to be amended
the President says then let it put the improved en-
actment into the same bill in which 1t proposes to
wipe out the old law, so that the country may see
that while the present safeguards that have wisely
others equally effective enacted in their place.
If objection is made to the present mode of appoint
ing United States Marshals to at the polls
election day OF if the present law is considered to
be partisan in this regard let Congress change II.
and cause the appointment of marshals to be made
by the same machinery that is now provided for
the appointment of Supervisors of Election. No OBJ
lection would probably be made 10 such change in
the law. But the Army bin proposes no such
amendment as this 1t leaves tho election laws ex-
acy as they are, but makes them IN effect null and
void by taking away from the Executive all power
TO enforce them.
twill be noticed that the proposed legislation does
not attempt to change the law which in pursuance
an express provision of the Constitution, authorizes
rhe President to use the Army and call out the mi
lita for the enforcement of the laws when they
resisted with force. This portion of the veto mes
sage will be very strong, and will the whole
ground. 1t will leave the Democrats no avenue of
escape from their present dilemma, except to back
squarely out.
COERCION OF THE EXECUTIVE.
After having discussed the legislation embraced
in the sixth section of the bill its merits, the
President Will direct the attention of the House to
the Objectionable method by which 1t is attempted
10 force this legislation into the statute books. 1t
is extraneous matter upon an appropriation oill.
This method the President will criticise as always
Objectionable and dangerous 1t was not the prac-
tice of Congress to resort to this expedent in the
early DAYS of the Republic if a single instance
OF it occurred during the first forty years after the
Constitution was adopted.
The object of attaching riders to appropriation
bills is to force through Congress measures which
cannot stand upon their merits. in the way
of which the rules of one house the other stand.
At the close of session of Congress. when time is