Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1879-07-02

Unable to concur with Congress in that
measure, on the 29th of May last returned
the bill TO the House of Representatives,, in
which it originated, without my approval,
for that further consideration for which the
Constitution pro, ides. On reconsideration.
the bill was approved by less than two
thirds OF the House, and failed to become a
law. The election laws therefore remain
valid enactment, and the supreme law of the
land, binding not only upon all private citi-
zens, but also alike and equally binding
upon all who are charged with the duties
and responsibilities OF the Legislative, Ex-
ecutive and Judicial Departments of the
government.
TO DEFEAT ENFORCEMENT.
Ii is not sought by the bill before me 10
repeal the election laws. Its object is TO
defeat their enforcement. The last clause
of the first section is as follows:
And no part of the money hereby ap-
propriated is appropriated tn pay any sal
aries, compensation, fees or expenses under
or in virtue of title 26 Of the Revised Stat
u;es, or of any provision of said title.''
Title 26 OF the Revised Statutes, referred
to in the foregoing clause, relates TO the
elective franchise, and contains the laws
now in force regulating the Congressional
elections. The second section of the bill
reaches much further. 1t is as follows:
"Section 2. That the sum, appropriated
in this act for the persons and public SER
vice embodied in its provisions are in full
for such persons and public service for the
fiscal year ending June 80, 1850; and no
Department or officer of the government
shall, during said fiscs! year, make any con-
tract or incur any liability for future pay
ment of money under any of the provisions
of title 26 of the Revised Statutes of the
United States, authorizing the appointment
or payment of general or special deputy
tiohs or on election day, until an appropri-
ton sufficient for such contract or to pay
such liability shall have first been made by
law.''
2his section of the bill is intended to
make an extensive and essential change in
existing laws. The following are provisions
of statutes on the same subject which are
now in force:
"SectiOn 2619. No department Of the
government shall expead in any one fiscal
year any sum in excess of appropriations
made by Congress for that fiscal year, or in
volye the government in any contract for
the future payment of money in excess of
such appropriations"
"Scction 2132. 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 its
fulfilment, except in War and Navy De-
partments, for clothing, subsistence, forage,
fuel, quarters, or transportation, which,
however, shall not exceed the necessities of
the present year"
The object of these sections of the Re-
yised Statutes is plain. 1t is, first, to pre-
vent any money from being expended un-
less appropriations have been made there
for; and second, to prevent the govern
ment from being bound by any contract not
previously authorized by law except for GER
tain necessary purposes in the War and
Navy Departments.
Under the existing laws the failure of
Congress to make the appropriations re-
quired for the execution of the provisions
of the election laws would not prevent their
enforcement. The right and duty TO ap-
point the general and special deputy mar
shals which they provide for would still re-
main. and the Executive Department of the
government would also be empowered to
incur the requisite liability for their COM
pensation.
Irs DESIGN.
But the second section of this bill con-
tains a prohibition not found in any previous
Ia, Station. It's design is to render election
law. inone,.tive ant, dead letter during
the next fiscal year. 1t is sought to accom-
piish this by omitting to Appropriate f''ohey
fer their enforcement and by expressI, pro-
hibiting any department or officer of the
government from incurring any liability un-
der any Of the provisions of Title 26 Of the
Revised Statutes authorizing the appoint
ment or payment of general and special
deputy inarshals for service on election
days, until an appropriation sufficient to pay
such liability shall have first been made.
DEPRIvEs THE President OF NECESSARY
MEANS.
The President is called upon to give his
affirmative approval TO positive enactmen.s
which in effect deprive him of the ordinary
and necessary means of executing laws
still left on the statute book, aud embraced
within his constitutional duty to See that
the laws are executed. If he approves the
bill, and thus gives TO such positive enact
ments the authority of law, he participates
in the curtailment of his means of seeing
that the law is faithfully executed, while
the obligation of the law and of the consti-
tutioral duty remains unimpaired.
SPECIAL DEPUTY MARsHALs
The appointment of special deputy mar
shals is not made by statute a spontaneous
act Of authority on the par. of any execu-
tive or judicial officer of the government,
but is accorded as popular right of the
citizens to call into operation this agency
for securing the purity and freedom of eiec-
tions in any city or town having 10000 in
habitanis or upward.
Section 202l of the Revised Statutes SAYS
it is in the power of any two citizens of
such city or town to require of the marshal