Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1879-05-07
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ELK POINT, UNION COUNTY,,


)INT, UNION COUN1
4 t 'ii THE VETO. N et23
Tho Presidents Objections IA tho Army
ai Appropriation Bin. s.!l a
Ills ssgH3I Gs1Y----- -----s, .t.sss.3 i'3s5l
Following is the message Of the Presi.
dent Of the United States, Returning X
the house of Representatives the bill en-
titled, can Act Making Appropriation,
fos the support Of the Army for thu
! Fiscal year Ending June 80, 1880, and
4 tor Other Rurposesi'': aw oi sass ff.4a,3
maturelt considered the important ques
sions pfeesnted by tho hill emitted = In
act naki16 anpfsprist ens .fos Me
4 yssf snuins Sung 30. 1850 md so' foa
other purposes," and ] new return it to the
house of representatives in which il origi
4 mated. With my objection to its approval
The bill provides in the usual form fol-
the appropriations required for the suppor,
| VI VIC oIWy uuI1uk tu0 ueAN HbCdl year, IL
| it contained NO other provisions Il would
receive my prompt approval It includes,
however, further legislation which, attached
g 1t Is to appropriations~ which are requisite
for the ef6cient performance of home of the
most necessary duties of the government
| involves questions of the gravest character.
The sixth section of the bill Is amendatory
OF the statute now In force in regard to the
authority of persons in the civil, military
nd s~so ne la
place where any general or special election
Is held in any state. This statute gwas
adopted February 25, 1865, after q protract
ed debate in the senate, and almost without
opposition in the house OF representatives
by the concurrent votes of both OF the lead.
ing political parties of the country and be-.
came law by the approval OF President Lin.
coin.
It was re.enacted In 1874, in the revised
statutes of the United Slater, sections 2,0O2
and {, 1928, which are o. follows:
Section 2oo2 No military or naval ofacsr or ether
person engaged in the civil, military or naval
vice Of The United States shall order, bring keep
or have under his authority or control any troops
or ARMED men at place where any general or
necessary to repel armed enemies Of the United
State. or to aeeP the peace at the polls.
Section 55as Every otseer Of the army or navy
or other person IN the CIVIL military nsval
vice of the united States who orders, brings keeps
has under his authority or control any troops or
armed men at any place wnge general or special
necessary to repel armed enemies of the United
States or to keep the peace at the polls, shall be
lined not more thane$5.VO0 and suffer imprisonment
at hard labor not less than three moaths nor more
than Eve years.
The amendment proposed TO this statute
in the bill before me omits from both of the
foregoing ections the words "or to keep
the peace at the polls" The effect of the
adoption Of this amendment may be con.
sidered, FIRST, upon the right of the United
States government to use the military to
keep the peace at elections for members of
congress, and, second, to protect these elec.
tions from violence and fraud. In adGi.
ton to the sections of the statute above
quoted the following provisions of the law
relating to the use of military power at
elections are now in force:
Section zoos. No officer of the army or navy of the
United States shall prescribe hx, or attempt to
prescribe or fix by proclamation or otherwise the
qualifications of voters In any state; or in auv
.annsr interfere With the frrrdvm ps any eiecsioh
in any state or with the exercise of free rights OF
sectien 5529 Every officer or other person in the
military or naval service who by force threat in
timidatien, order, advice otherwise prevents or
from freely exercisng the right Of suffrage at any
general or special election in such state, shaN be
nned not more than IS 900, and imprisoned at hard
4
Section $780, Every officer of the army or navy
who prescribes, orders fixes or attempts to pre- 1
scribe Or hx. whether by proclamation order or
In any state shall be punished as provided in the
preceding section.
Section 1881. Every officer or other person in the
military or naval service who by force, threat, in.
timidatiOn otherwise, cOmpels or attempts To
compel. any officer holding an election in an state
to receive vote from person not legally qualided
to vote, or who opposes or atteppts to impose any
regulations for conducting any general or special
election In any state from those prescribed
oiicer Of election in the discharge Of his duties
shall be punished a. described In section 6220.
Section 5ss2; Every person convicted Of any Of
in addition to the punishments therein seyeraiIy
prescribed be disqualified from holning any Office
Of honor, proht or trust under the United States,
prevent any officer, soldier, sailor or marine from
exercising the right OF suffrage In any election dis
trict to which he may belong II otherwise qnali-
Ted according to the laws OF the state In which he
The foregoing enaeta,ents would seem 10
be sufficient TO- prevent military interfer-
ence with elections, but the last congress-.
to remove all apprehension of such inter.
ference, added to this body of law section Is
Of the act entitled can act making appro.
priations for the support Of the army for
the fiscal year ending June 3oth, 1879, and
,Sr ,sro other S; Purpo.sss." .s approved June Is,
Section Is. From and after the passage of
this act il ahall not be lawful to employ any
part Of the army of the United States as q
posse oo0it1tus or otherwise for the, pur.
pose of executing the law, except in such
cases and under sucn circumstances as such
employment of said force may be expires ly
authorized by the constitution or by an act
Of congress, and NO money Appropriated by
this act shall be used to pay any of the ex.
penses incurred in the employment of any
troops in violation of this section, aud any
person wiilfu}ly violating the provisions of
this section shall be deemed guilty of mis-
demean0r and upon conviction thereof
shall be punished by q fine not exceeding
SO, 900 or imprisonment not exceeding two
years, or both such 6ne and imprisonme Mt.
This act passed the senate after full con.
alteration without single vote recorded
against It on it, final passage, and by ma.
jority of more then two.thirds it was con.
cured in BY the house Of representatives.
The purpose of the section quoted vas
stated in the senate by one of it's supporters
as follows: Therefore, hope without
getting into any contEoyersy about the past,
but acting wisely or the future, that We
shall take away the idea that the army can
be used BY q general OF special deputy
purposes ~ posse, ordering them about
poi1s or ordering them anywhere else whore
thsts a NO election going ON, . prevent
disorders or suppress disturbances that
should be suppressed BY the peace officers
Of the state; or if they must bring others to
their aid they should summon organized
citizens and mot summon olRicsrs and men
olthe army, - . posse. oonitatus 10 quell
disordsre and thus Git mp : feeling which
will be disastrous TO the peace among the
people Of the county" In the house of
Representatives the object Of the act of 1878
was stated BY the gentleman who had it in
charge In similar terms. He said: "But
these are all minor points, and Insignificant
points compared with, Tie Rress principls
which Wa inoorpsratel ~ She hoSse in he
bill In reference - the use ef aensd uaen IN
psaco.s The senAte hsd already Included
What they called and what Ne might accept
e ths principle. but they had strick.
- out The penaly, and had
the army night be used In Ill cases whore
iDpued authority might be interfered with.