The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1879-06-27

President Hayes Returns the Judicial Nul-
Ilncation Bill Unapproved.

sage vetoing the bill to which 1t refers /:
To the House Of Representatives.:
After careful examination of the bill
entitled An act making appropria-
tons for certain judicial expenses" [
return IL herewith TO the house of rep
resentatives, in which il originated,
with the following objections to its ap-
proval: The general purpose of the bill
Is TO provide for certain judicial expen-
SEES of the government for the fiscal
year ending June 80, 1880, for which
$1,000, 900 Is appropriated. These ap-
preparations are required TO keep in op-
Grafton the general functions of the iu-
dicial department of the government,
and if this part of the bill stood alone
there would be 10 objection to APPROX
al. 1t contains, however, other provis-
ions, to which / desire respectfully to
ask your attention. At the present
session of congress a majority of both
houses, favoring the repeal of the con-
gressional laws embraced in title rs OF
the revised statutes, passed measure
for that purpose, as part of the bill en-
titled 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
with congress in that measure, on the |
2sth of May last l returned the bill TO
the house without my approval, for that |
consideration for which the constitution
provides.
| THE ELECTION LAWS STILL BINDING.
On reconsideration the bill was APP
proved by less than two-thirds of the
house and failed to become a law. The
election laws, therefore, remain valid
enactments and supreme law, binding
not emily upon all private citizens, but
also alike and equally binding upon all
charged with the duties and response
bilities 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 of the first section is as follows:
d" And no part of the money hereby APP
propriated is appropriated to pay any
salaries, compensation, fees or expen-
ses under or in virtue of title &c, revis-
cd statutes, or of any provision of said
title. little &c, referred to, relates TO the
elective franchise, and contains the laws
now i'll force regulating congressional
elections. The second section of the
bill reachesmu further.
SECTION 9.
The President then quotes section =,
forbidding government officers incur
ring any liability by the appointment
of deputy marshals to serve at cleo
tons, etc., and continues: This section
of the bill is intended to make an OK
tensive and essential change in existing
laws. The following are the rcvisions
of the statutes on the subject now in
!, force:
SECTION 2,CGs, No department of the govern.
, ment shall eNpend in any fiscal year any sum in
, excess of the appropriations made by congress
for that fiscal year. or involve the government III
any contract Tor future payment in excess of such
appropriations.
SEC 2,7S2. No contract or purchase on behalf
. OF the United States shall be made unless the
same Is authorized by law or Is under appro
priation adequate to its fulhllment except in the
war and navy department for clothing, subsis
tcnce, forage, fuel, quarters or transportation,
which. however, shall not exceed the necessities
of the current year.
, THE OBJECT OF THESE SECTIONS.
The object of these sections of the re-
| vised statute is plain-first. to prevent
any money being expended unless ap-
preparations have been made thereof
Second, TO prevent the government
being bound by any contract not pre-
viously authorized by law, except for
certain necessary purposes in the war
and navy departments. Under exist
ing laws the failure of congress to make
the appropriations required for the ex-
| ecution of the provisions of the election
laws would not prevent their enforce
ment. The right and duty to appoint
the general and special deputy marshas
which they provide for would still re-
, main, and the executive department
would also be empowered to incur the
requisite liability for their compcnsa-
ton.
TIE NULLIFYING RESTRICTION.
But the second section of this bill
} contains a prohibition not found in pre-
vious legislation. Its design is TO rem
der the election laws imperative and
dead letter during the next fiscal year.
: Ii is sought TO accomplish this by omit
ting TO appropriate money for their en-
, forcemcnt and by expressly prohibit
ing any department or officer from H.
CURING liability under the provisions
of title 26 of the revised statutes, an
thorizing the appointment of deputy
marshals for service on eletion DAYS uli-
ill an appropriation sufficient to pay
f such liability has first been made.
AN UNCONSTITUTIONAL RESTRICTION.
The President is called upon to give
his affirmative approval to positive
, enactment which deprives him of the
, ordinary and necessary means of exc
: cutting laws still LETT on the statute
, book and embraced within his consti-
: tutional duty TO see that the laws are
executed. If lie approves the bill lie
participates in the curtailment of his
, means of seeing that the law is faithful
ly executed, while the obligation of the
, law and his constitutional duty remain
, unimpaired. Tho appointment of spe-
cial deputy marshals is not made by The
statute spontaneous act of authority
! OH the part of the executive or judicial
/, officer, but is accorded as a popular
, right of the citizens TO call into opera
ton this agency for securing purity and
freedom OF elections in any city or town
, having 10000 inhabitants or upward.
Section 2,02l of the revised statutes
puts IT in the power of any two citizens
OF such city or town TO require of the
, marshals of the district the appoint
ment of these special deputy marshals.
Thereupon the duty of the marshal be-
comes imperative, and its nonperform-
ance would expose him to judicial man.
date, punishment or removal by the
President, as the circumstances of his
, conduct might require. The bill before
me neither reyokes this popular right
of the citizens, nor relieves the marshal
of the duty imposed by law, nor the
President of his duty to see this law
executed.
forbear to enter again upon any
general discussion of the wisdom and
necessity of the election laws, or of the
dangerous and unconstitutional principle
of this bill, that the power vested in
congress TO originate appropriations in
wolves the right TO compel the execu-
tive to approve amy legislation which
congress may sec fit TO attach to such