Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1880-06-25
VETOED.
Full Text of Pres. Hayes Veto of the
Deputy Marshal Bill.
President Hayes sent the following

veto message to the senate June 10:
After mature consideration of the bill entitled
An act regulating the pay and appointment Of
deputy marshals, | am constrained to withhold
from II my approval and return il TO the senate
IN which it originated, with my objection to its
passage.
The laws now in force on the subject of the bill
before me arr contained in the following sections ui
the revised statutes: Section 1921: Whenever an
election at which representatives or delegates IN
congress are to be chosen is held in any city or
town of 20 900 inhabitants or upwards, the mar
shal for the district in which said city or town is
situated shall application in writing Of at least
two citizens residing IL such city or town appoint
special deputy maShals whose duty it shall b.
when required thereto TO aid and assist supervisors
of election in the certfcation of any list of per
sons who may have registered or voted to attend
in each election district voting precincts, at the
times and places when and where the registration
may by law be Scrutnized and the names regist-
cred and votes BE- marked for challenge, and also
To attend
ALL TIMES FOR HOLDING ELECTIONS
the polls in such district precinct
Section 2022 The marshal and his general
deputies shall keep the peace and support and
protect supervisors of election in discharge Of
their duties preserve order at such places Of regis
triltion, and at such polls prevent fraudulent
registration and fraudulent voting thereat, OF
fraudulent conduct on part Of any officer Of elec-
ton and Immediately at the place Of registration
or polling place or elsewhere, and either before or
after registering voting to arrest and take into
custody with or without process any person who
commits, or attempts or offers To commit acts OF
offenses prohibited herein, or who commits an of
fense against the laws of the United States; but
no person shall be arrested without process for any
offensc not committed in the presence of the mar
shall or his general or special deputies or either OF
pf - al., ~
them and for the purposes of arrest or prcserya-
tlon OF the peace the supervisors of election shall
in the absence OF marshals deputies or if required
toassist such deputies. have the same duties and
powers u deputy marshals; nor shall any person
ON the day OF such election he
ARRESTED WITHOUT PROCESS
for any offensc committed on the day of rgistr,-
ton.
Section 2023 Whenever any arrest is made UNI
der any provision Of this title the person so ar
rested shall forthwith be brought before Il com
missioner judge or court of the United States for
the examination Of otfenSes alleged and such
commissioner, Judge or court shall proceed in re-
spect thereto as authorized by law in the case of
crime against the United States.
Section 2O24. The marshal or his general depu-
ties such special deputies as are thereto sprci-
ally empowered by him i'll writing, and under his
hand and seal, whenever lie or either or any of
them il torcibly resisted in executing their duties
under this title, or shall by violence threats or
menaces be prevented from executing such duties
or from arrestng any person who has committed
any ohense for which the marshal or his general
or special deputies are authorized to make such
arrest are and each of them empowered to sum
mon and cull to his aid by-standerS a posse
comitdtts of his district.
Section POPS. No person shall be appointed Il
supervisor of election or deputy marshal under
the preceding provisions who is not ut the time OF
his appointment qualified voter of the city town
county or parish election district or voting pre-.
cinct in which his duties are to be performed. Ii
any person be appointed supervisor of election OF
special deputy marshal under the provisions of this
title Of the elective franchise and has taken the
oath of office such supervisor of election such
special deputy marshal, and thereafter neglect VI
refuses
WITHOUT GOOD AND LAWFUL EXCUSE
to perform and discharge fully the duties of such
office until the expiration of the term for which he
was appointed, he shall not only lie subject to IT.
moval from office with loss ofall pay or emOlumcnts
but he shall be punished by Imprisonment with
not less than six months more than one year
or by fine of not less than $500 and more than
5000 or by both fine and imprisonment, and shall
pny the cost of prosecution.
Section 5522 Every person whether with or
without any authority, power or process, or pre-
tended authority power or process of any state or
territory or municipality, who obstructs, hindeIs
assaults, or by brides solicited taken or otherwise
intcrtcreT with prevents supervisors of elections
or of either of them, the marshal or his general
OF special deputies or either of them, in the per-
tormancc of any duty required of them, or which
he or they, or either of them may be authorized to
perform by any law of the United States in the
execution Of process otherwise, or who by any
means before mentioned, hinders or prevents free
attendance at such places of registration or ut
polls of election, or TO and from any room where
q
votes, or Of making any returns or certificates
thereof may be had or who molests, interfcres with
removes or elects from any such place of regstra-
tlon or poll of election, or Of canyassng the votes
cast thereat, or Of making returns Of certificates
thereof, any
SUPERVISOR or ELECTION,
the marshal his general special deputies or
either of them or who threatens or attempts or
offers 80 to do or refuses or neglects to aid and
assist any supervisor of election or marshal or his
general or special deputies or either of them in
the performance of his or their duties when re
quireti by 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 of not more than two years or by
fine not more than 50 900, on by both such fine
and imprisonment; and shall pay the cost of
prosecution.
The Supreme Court Of the Quilted States in n
recent case Of cx-pnrtc Siebot and others, de-
cided nj October term, 1879, on question raised
in the case us to the constitutonalHy Of the see
tions Of the revised statutes above quoted the
following language These portions of the re-
yised statutes are taken from the act commonly
known as the enforcement act, approved May 81
1870 and entitled nm act TO enforce the right Of
citizens Of the United States to vote in the several
States of this Union and for other purposes, and
from supplement Of that act approved July rs,
ISL They relate to the elections of members of
the house of representatives and were an assertion
on the part Of congress Of power 70 pass laws for
REGULATING Asp suPERrSTESpISG
said elections and for securing the purity thereof
and the rights of citizens to vote thereat peace
ably and without moleAtation. II must be con-
ceded 10 be a most important power and Of tnn-
dnmental character in the light Of recent history
and of violence fraud corruption and irregular
tiles which have frequently prevailed at such elec
tions ltmay easily be conceived that the eNer-
ton Of power if it exists may be necessary 70 the
stability of our form of government.
The greatest difficulty in coming - just con-
cluson arises from a mistaken notion with regard
to the relations which subsist between the state
and national governments. II seems to be often
overlooked that national constitution has been
adopted in this country estabshinga real govern
mcnt therein and which, moreover, il or should be
a. dear to very American citizen as his state gov
einments is Whenever a true conception Of the
nature Of this government il once conceded no
renl difficulty win arise in the just Interpretation
81 lis powers. But III allow ourselves to regard