Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-06-16
Presidents Message.

fItSluent hayes last evening sent to the Sen
ate message vetoing the bill Regulating the
pay and appointment Of deputy marshalsn His
views on the subject are based upon the lam
guage OF sections 202l to 2O24 inclusive Pops.
552l and 1922 OF the Revised Statutes. which are
sought to be amended In the bill In question,
ana upon the recent decision of the Supreme
Court Of the United States in the case of ey
palte Siebolt and others affected by these par
ticular sections. The President thinks that the
nlli Is impractlcable, In SO much as 1t permits
tne appointment OF deputy marShalS with de-
lined duties, yet requires of them to comply with
regulations which make 1t Impossible for them
to discharge their duties. MaTshals who are re-
Stricted from using force to do what the laws
require OF Them and United States policemen
who must call upon local constables for protec-
ton, strike him as being anomalies. He thinks
mat congress has ''ref1ned' too much In its de-
sire to assert the rights of the states The Pres
ident, stating his case more specifically, goes on
to say:
Under the sections OF the present law above
quoted officers of the United States are author
lied, and it is their duty In the case OF con-
greSSlonal elections, to keep the peace at polis
and at the places of registration, to arrest i'm
mediately any person who Is guilty OF crime
against the United States election laws: to pro-
tect all officers OF election In the performance
OF thelr dut1es and whenever an arrest is made
mission, Judge or court Of the United States for
examination of the offenSeS alleged against him:
such special deputy marshals as are specially
empowered thereto by the marshal In writing
if forcibly resisted, may call to their aid the
bystanders, or posse commitatuS. It Is made a
crime punishable with fine or Imprisonment to
nlhaef, assam or otherwise interfere with
narshal or MS special deputies, or to threaten
or 10 attempt to 90 so. II any person ap
pointed such special deputy marshal ha
u en- lhe oath or Office, and thereafter neglects
Office, he Is punishable not only by removal
from Office, but by fine and Imprisonment. The
functions OF the special deputy marshals were
prov ided for by law; being executive they are
placed under the authority OF the Well-knoWn
chief executive Office of the courts OF the United
States. They are in fact, and not merely In
name, the deputies OF the marshal and he and
bis bondsmen are responsible for them. A civil
force FOR the execution OF the law is thus In.
stltuted In accordance with long established
ana lamiliar usage which is simple, effective
ana under responsible head. The necessity
for the possession OF these powers by appro-
pirate officers Will not be called La question by
intelligent citizens who appreciate the import
ance or peaceable. orderly and lawful elections
Similar powers are conferred and exercised uu-
der state laws with respect to state elections
The executive officers Of the United States un,
power to supervise and control the conduct of
the congressional elections than the state ex-
ecutlVe 0IhcerS exercise In regard to state cleo
t IONS S- Inc ON before me changes completely
deputy marShalS OF the existing statutes new
officers hitherto unknown to the law, and who
lack the power, responsibility and protection
which are essential TO enable them to act eff
GENTLY as executive officers
After quoting the bill, the President con-
tlnues: 1T will De observed that the deputy
maTshals proposed by the bill before me are dis
tlnctly different officers from the special depu-
ties of the marshal as such officers are BOW pro-
ylded FOR In the statute This bill does not con-
lat1ng to special deputy marshalS so as to invest
the proposed deputy marShalS with the same
powers 10 Impose upon them the same duties and
5S 1hem she same n the
ated distinct In character and appointed by diff
ferent authority, although similar in name
to Officers already provided for such new
sponsibilities to the criminal law, do
not possess the same power and are not
similarly protected, unless it is expressly SO
marshals provided for In this bill will have no
executive head. The marshal can neither an
point or remove them. He cannot control them,
have no authority to call to their aid II rssisted
the posse comitatus. They are protected by no
criminal statutes In the performance OF their
dq,ies s., An assault upon one OF these deputies
be no more than an ordinary assault upon any
other citizen. They cannot keep the peace.
They dal, cannot make make arrests when crimes are
they have are confined to the precincts In which
tney reside. OUTSIDE or the precincts for which
they are appointed the deputy marshals OF this
prisoners, take prisoners before proper trI-
bunal for hearing, nor perform any other duty:
no oaths OF Office are required OF them, and
they give no bond; they have no superior who
Is responsible for them, and they are not pun
1shable for neglect OF duty or misconduct In
once. In all these respects this bill makes a
radical change between the United States ON.
GERS at national elections and the powers uni
formly possessed and exercised by state officers
at state elections. This discrimination against
the authority OF the United States is depar-
ture from the usage OF the government estab.
lished by precedence beginning with the earl
lest statutes on the subject, and violates the