The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1880-06-25
THE VETO OF THE DEPUTY.MAR.
SHALS BILL.
WASHINGTON, June Is.
President Hayes sent the following
veto message to the Senate TODAY:

veto message 70 the OenaCe To-Day:
After mature consideration of the bill en-
titled, IAN act regulating the pay and appoint
ment of Deputy Marshals," am constrained t.
withhold from it my approval. and return it t.
the Senate, in which it originated, with my oh
jectiOnS to its passage.
The laws now in force on the subject of thu
bill before me are contained in the following
sections of the Revised Statutes:
SEC. 2G!. Whenever an election at which
Representatives or Delegates in Congress arr
to be chosen is held in any city or town of 20,
600 inhabitants or upwards, the Marshal fol
the district in which such city or town is stu
ated shall, on application in writing of at least
two citizens residing in such city or town, ap
point special Deputy Marshals, whose duty il
shall be. when required thereto, to aid and as
sist the Supervisors of Election in the verifi
cation of any list of persons who may have
registered or voted, to attend in each election
district or voting precinct at the times and
places when and where registrations may by
law be scrutinized and the names of registered
voters be marked for challenge; and also at.
tend at all times for holding elections the polls
in such district or precinct.
"SEC. 2,Gs2,. The Marshal and his general
Deputies shall keep the peace and support and
protect the Supervisors of Election i'll the dis
charge of their duties, preserve order at such
places OF registration and at such polls, prevent
fraudulent registration and fraudulent voting
thereat, or fraudulent conduct on the part OF
any officer of election, and at the place of reg.
istratiOn, or polling place, or elsewhere, and
either before or after registering or voting, to
arrest and take into custody, with or without
attempts or offers to commit, any OF
the acts or offenses prohibited herein,
or who commits any OffenSe against
the laws of the United States; but no person
shall be arrested without process for any
Offense not committed in the presence of the
either Of them, or of the Supervisors Of Elec-
ton, or either Of them; and for the purpose of
arrest or preservation of the peace the Super
visors of Election shall, in the absence of the
or
such Deputies, have the same duties and pow
ers as Deputy Marshals; nor shall any person
on the day of such election be arrested without
process for any Ofense committed on the day
"SEC. 2,G3 Whenever any arrest is made
under any provision of this title, the person so
Commissioner, Judge or Court of the United
States for the examination Of the OffenSes
alleged, and such Commissioner, Judge or
Court shall proceed in respect thereto as au-
thorized by law in the case of crime against
''SEC. aOsi. The Marshal or his general
Deputies, or such special Deputies as are there
To hs Sand seal or ser
or any of them is fOrcibiy resisted in executing
their duties under this title.Or shall by Violence
threats or menaces DE prevented from execut-
ing such duties, or from arresting any person
who has committed any Ofense for which the
Marshal or his general or special Deputies are
authorized to make such arrest, are, and each
of them is, empowered to summon and call to
his aid bystanders or posse comitatus of his
district.
.SEC s,0es. No person shall be appointed a
Supervisor of Election or Deputy Marshal
the time of his appointment qualified voter
of the city, town, county, parish, election dis
trict or voting precinct in which his duties are
to be performed.
"SEC. 5,52l. If any person be appointed SUI
pervisor of Election or special Deputy Mar
shall under the provisions of the title, The
Elective Franchise and has taken an oath
such special Deputy Marshal, and thereafter
neglectS or refuses, without good and lawful
excuse, to perform and discharge fully the
duties, obligations and requirements of such
Office until the expiration of the term for
which he was appointed, he shall not only be
subject to removal from Office with loss of all
pay or emOluments, but shall be punished by
Imprisonment not less than six months nor
moro than one year, or by fine not less than
500 and not more than $500, or by both fine
and imprisonment, and shall pay the cost Of
the prosecution.
"SEC. 1892. Every person, whether with or
without any authority, power or process, or
pretended authority, power or process of any
State, Territory, or municipality, who OBJ
structs binders, assaults, or by brides, sOlic-
itations, or otherwise interferes with or pre-.
vents Supervisors of Elections, or either of
them, or the Marshal or his general or special
Deputies, or either of them, in the perform
ance of any duty required of them, or which
ICED to perform by any law Of the United
States, in execution of process or otherwise,
or who, by any of the means before mentioned,
binders or prevents the free attendance or
such polls of election, or full and free access
and egress to and from any such place
of registration or poll of election, or in
sens tt and Or FROM ssa place el s ed
and from any room where any such
registration or, election or canvass
of votes, or Of making. any returns or certifi-
Gates thereof, may be had, or who molests, in
terferes with, removes, or rejects from any such
place of registration or poll of election, or of
canvassing the votes cast thereat, or OF making
visor of Election, the Marshal. or his general
or special Deputies, or either of them, or who
threatens or attempts or offers SO to do, or re-
fuses or nsgleets to aid and assist any super
or special Deputies, or either of them, in the
performance of his or their duties when re-
quired of him or them, or either of them, to
give such aid and assistance, shall be liable to
instant arrest without process, and shall be
punished by imprisonment not more than two
years, or by fine Of not more than $1,000 or by
both such fine and imprisonment, and shall pay
the cost of prosecution.
The Supreme Court of the United States, in
the recent case of ex-parte SiebOlt and others,
decided ut the October term, 1879, on ques-
ton raised in a case as to the cOnStitutiOnality
of the sections of the Revised Statutes above
quoted, and uses the following language:
"These portions of the Revised Statutes are
taken from the act commonly known as the
Enforcement act, approved May II, 1870, and
entitled An act to enforce the right of citi-
Zens of the United States to vote in the several
States of this Union, and for other purposes
and from the supplement to that act, approx
ed February %, 1871.
'They relate to elections of members of the
House of Representatives. and were an aSser-
ton on the part of Congress of its power to
pass laws for regulating and experimenting
said elections, and for securing the purity
at peaceably and without molestation. It
must he conceded to be q most important
power and of fundamental character. In the
light of recent history and Of the violence,
fraud, corruption and irregularity which have
frequently prevailed at such elections, 1t may
easily be conceived that the eXertiOn of power,
if it exists, may be necessary to the stability of
our form of government.
1.-THE greatest difficulty in coming to just
conclusion arises from mistaken notions with
regard to the relations which subsfst between
the Stata and National G0YernmentS. IT seems