The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1880-06-25
TELEGRAPHIC.
President Hayes SHUTS Down" Once
More Upon the Brigadiers in
Congress.
The Adjournment of Congress.-lnterest
ing Washington News.
Gen. GarfieId's Movements.-The Boa
Race General News Notes from
Various Points.
Another Veto from President Hayes


ate TO-DAY, saving that After mature con
sideration of the bill entitled. An act
regulating the pay and appointment of
deputy marshals,' | am constrained 10
withhold from it my approval, and re-
turn it to the senate. in which II origin
ated, with my objections to its passage"
After quoting the laws now in force on
the subject of the bill and the decision
of the supreme court ofthe United States
in the recent case of eQ pGrte Slebolt and
others, decided at the October term, 1879,
on question raised in the case as TO the
constituuonallty of the sections of revis-
ed statutes quoted, ne says, Il have deem
ed it fitting and proper to quote thus
largely IRON au important and elaborate
opinion of the supreme court, because
the bill before me proceeds upon the con-
struction of the constitution as to the
powers of the national government,
which is in direct confliction with the
Judgment of the highest judicial tribunal
of the country. Under the sections of
the present law, above quoted, officers of
the United States are ordered, and il is
| their duty in the case of congressional
| elections, to Keep peace at the polls and
places of registration, tn arrest immcdi-
atelv any person who is guilty of crime
against the United States election laws,
and 10 protect all officers of election in
| the performance of their duties, and
whenever an arrest is made to bring the
person so arrested before a commission
| er, Judge or court of the United States
for examination of the offenses alleged
against him. Such special deputy mar
shals are specially empowered, by mar
shals, in writing, that if forcibly resisted
they may call to their aid the bystanders
or posse cOl7nift0tus 1t is made crime
punishable
WITH FINE OR IMPRISONMENT,
TO hinder, assault, or otherwise interfere
with marshal OR his special deputies
or to threaten or attempt TO do so. II
any person appointed such special dep
uty marshal has taken oath of office
and thereafter neglects or refuses to fully
discharge the duties of such Office, he is
punishable not only by removal from
: office, but by fine and imprisonment
The functions OF special deputy mar
shals. non-provided for by law, being ex
ecutive, they are placed under the au
thorIty of well known executive officers
In the courts of the United States they
are in fact not merely in name the depu
ties of marshals, and he and his bonds
men are responsible for them.
"A civil force for the execution of law
Is thus instituted, i'll accordance Will
long established and familiar usage
which is simple, effective, and under.
responsible head. The necessity for tn
i possession of these powers by apprOpri
ate officers, will not be called in question
by intelligent citizens who appreciat
the importance of peaceable, orderly an
lawful elections. Similar powers ar
conferred and exercised under stat
= laws with respect to state elections. TIL
executive officers of the United State
: under existing laws have
NO OTHER OR GREATER POWER
TO supervise and control the conduct {
= the congressional election, than the stat
!. executive officers exercise IN regard I
/ state elections. The bill before III
+ changes completely the present law b
substituting for special deputy marsha
of existing statutes new officers, hithert
y unknown to law, and who lack the pow
d er of responsibility and projection
Il which are essential to enable them
- act efficiently as executive officers.
u will be observed that the deputy ma
J. shals proposed by the bill before Ii
If are distinctly different officers frol
special deputies of marshals, as sue
u officers are now provided for in Il
L. statutes The bill does not connect Il
Is new officers with existing laws, relatiI
10 TO special deputy marshals, so as to i
vest the proposed deputy marshals Wi
the same powers, to impose upon the
M the same duties, and to give them Il
r. same protection
BY THE MEANS OF CRIMINAL. LAWS.
Ill When new officers are created, distin
e. in character and appointed by ditfere
IN authority, although similar in name
~ officers already provided for, such nc
officers are not held by similar respon
III bilities to criminal law, do not posse
the same powers, and are not similar
protected unless 1t is expressly so pl
vided by legislation. The social
M deputy marshals provided for in IL
bill will have no executive head, 4
TT marshal can neither appoint or reno
them; he cannot control them, and he
VIC not responsible for them. They W
have no authority 10 call to their aid,
'u resisted, the posse cOBlnlitdtuS. They &
protected by no criminal statutes in
- performance of their duties. An assal
upon one of these deputies with int
go to prevent u lawful election will be
up more than an ordinary assault upon a
other citizen. They cannot keep
peace. they cannot make arTeste VIII
lat crimes are committed in their pTesenC
ro- what powers they have are confined
ate the precincts IN which they reside, o
appointed the deputy marshals OF 4
ire bill
he CANNOT KEEP THE PEACE,
ur- make arrests, hold prisoners, ii
En- prisoners before proper tribunal
hearing, nor perform any other do
ie- No oaths of office are required of the
lal and they give no bond. There is no su
rior who is responsible for them, d
they are not punishable for neglect
DE duty or misconduct in office In
me these respects this bill makes radl
or change between the powers of
nor United States officers at national el
" tions and the powers uniformly poss'
an ed and exercised by state officers
3D. state elections. This discriminate
AN against the authority of the Uni
s. States is departure from the usage
vi government, Established by precede
beginning with the earliest statutes
the subject and violates the true pril
en- pies of the constitution.
tier "In conclusion it is proper to say
,oo M nfiacfinp UOI1ld he made to the