Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-06-16

follows:
The Superintendent OF Census, with the consent
of the President may ct any time remove any
Supervisor of Census, and fiji any vacancy thereby
caused or otherwise occurring
Senator Pendieton's report, submitted in
behalf of the Census Committee, after narrat-
ing the admitted facts in the case, says:
Your committee feels no hesitation in reaching
the conclusion that the true Interpretation OF Sec
t0n D Of the Act Of March 1872 requires that the
powers OF removal and appointment Of Supervisors
co1hded by that section to the Superintendent Of
! Census should be exercised only during recess Of
the Senate. lnaSfnuch, however, as the work OF
the Superintendent OF Census is nearly completed,
and the committee has desire to reflect on the
motives OF public officers who have enormously ex-
ercised these powers the committee contents itself
with reporting these facts and its conclusion as to
the law, to the Senate, and ask to be discharged
| from further consideration of the subject.
The Deputy Marshals Bill Vetoed Hes
sage OF the President.
WASHINGTON, June 10Th. = President
Hayes sent the following veto message to
the Senate to-day:
After mature consideration OF the bill entitled an
| Act regulating the pay and appointment of Deputy
Marshals, am constrained to withhold from il my
approval and return 1t to the Senate from which 1t
originated, with my objection to its passage. The
! laws now in force the subject of the bill before
me are contained in the following sections OF the
I Revised Statutes:
| Section 2021. Whenever an election, at which
Representatives or Delegates in Congress to be
chosen is held in any city town of 10000 inhab-
itants or upwards, the Marshal for the district in
which the city or town situated shall, appca-
tion in writing of ct least citizens residing in
such city or town. appoint special Deputy Marshals,
whose duty 1t shall be- when required thereto, to
aid and assist the Supervisors of Election in verifc
tion OF any list of persons who may have registered
or voted, to attend in each election district yot
ing precinct at the times and places when and where
registration may by law be scrutinzed, and the
names of registered voters be marked for challenge
and also attend at all times for holding elections the
| polls in such district or precinct.
Section 2,022. The Marshal and his general Depu-
ties shall keep the peace and support and protect
the Supervisors Of Election in the discharge of their
duties preserve order at such places OF registration
and at such polls prevent fraudulent registrations
and fraudulent voting thereat, fraudulent conduct
on the part OF any officer of election and immedi
ately at the place OF registration or polling places
elsewhere, and either before after the register
ing voting to arrest and take into custody, with
or without process, any person who COMMITS or at
tempts offers to commit, acts or offenses pro-
4 hibted herein or who commits any offense against
the laws OF the United States but person shall
be arrested without process for any ofense not COM
tted in the presence of the Marshal or his general
| or special Deputy, or either OF them, or of the
Supervisors of Election. either OF them, and for
| purposes of arrest preservation OF the peace
the Supervisors OF Elections shall, in the absence of
the Marshas Deputies, il required to assist such
deputies nave the same duties ana powers rs
uty Marshals; shall any person on the day Of
such election be arrested without process for any
| offsnse committed on the day of registration.
Section 2023. Whenever any arrest is made under
any provision OF this title, the person so arrested
shall forthwith be brought before n Commissioner,
Judge Court of the United States for examination
of the offenses alleged ard such Commissioner,
Judge Court shall proceed in respect thereto as
authorized by law i'll the of crime against the
United States.
The President also rehearses the several
other sections bearing on the point, and from
Supreme Court decision.
| This decision traverses the whole question
| involved, and points out that a uisconcep-
tion of the relations of State and national
| governments is the chief cause of the disa-
greement about the applicability of these
laws. 1t says that in vindicating the rights
of {. State, or of the United States, we
should not allow our zeal to nullify or impair
the right of the other. The President affirms
the view of the Supreme Court to have actu-
ated him and furnished him competent au-
thority for his veto. He proceeds to show
that the bill is in direct conflict with the Su-
rreme Court decision. He discusses the rela-
tions of Deputy Marshals and their duties
under the law. He declares that intelligent
persons, who appreciate the Importance of
peaceable, orderly and lawful elections, will
not question the necessity for the possession
and enforce free, full and fair elections
This bill changes completely the present
| law, substituting for special Deputy Marshals
new officers hitherto unknown to law, who
| lack the power, responsibility and protection
| which are essential to enable them to act eff
ciently as executive officers. He then quotes
| the bill in full, and sets forth that the bill
does not connect the new officers with the
existing laws relating to special deputies.
ecutive head the Marshal can
neither remove, appoint, control, nor
be responsible for them. They would have
no authority, if resisted, to call to their aid
| the posse comitatus. An assault upon them
to prevent a lawful election would be no more
crime than an ordinary assault. They cam
not keep the peace, make arrests, hold pris
oners nor perform any other duty. In all
these things the bill really changes the rela-
tions of the powers of the United States Of
fcers atnational elections and of State officers
at State elections, and discriminates against
the United States authority in manner
! which has 10 precedent whatever.
In conclusion the President says:
| 1t Is proper TO say that no objection would be
made TO the appointment Of officers to act With ref
erence to elections by the Courts of the United
States, and that am in favor of appointing officers
to supervise and protect elections without regard to
party hut the bill before me- while it recognizes the
power and duty of the United States to provide Off
GERS to guard and scrutnize Congressional elections
fails TO adapt its provisions to existing laws to
secure efficient supervision and protection. 1t Is
therefore returned to the Senate, in which it origin
ated for that further consideration which is contem
| plated by the Constitution.
Full Cabinet Neeiing-An Explanation 20
be Demanded froIm the spaaisI, Gov
! ernmeni.
WASHINGTON, June 15th.-All the mem
bers of the Cabinet were present at the meet
! ing to-day Most Of the session was devoted
| to minor appointments TO be acted upon be-
| fore the adjournment of Congress.
Secretary Evarts laid before the Cabinet
| the affidavits of the Captain and crew of the
| schooner Ethal A. Merritt, of Philadelphia,
which was recently fred upon by Spanish
war vessel. The statement corroborates the
account heretofore published It was de-
cided that an explanation be demanded from
| the Spanish Government, and Secretary
! Evarts will proceed to obtain the same i'm
nediately.
The HE emcnt-Conimissioners Ap-
pointed.
! WASHINGTON, June 15th.-The President
has nominated as Commissioners to ratify
the agreement with the Ute Indians, George
| W. AIoneypenny, OF Ohio; Alfred B.
Meacham, of Washington John r. Bow
man, of Kentucky; John J. RUSSELL of
Iowa; Otto Mears, of Colorado.
Invited TO Resign.
New YoRK, June 15th-A Times Wash
ington special says: It is reported that the
| Surveyor of the Port of New York, Graham
has been asked to resign, not for any fault
committed, but to make way for more ac-
| tive man.
Senate Combinations.
WASHINGTON, June 15th.-The Senate has
confirmed Augustus Ash as United States
/! Marshal for Nevada John Sherman, Jr, as
! United States Marshal for New Mexico !;
David Wilson, as Registrar of the Land Office
at Bozeman, Montana
Cadet Whittaker's Standing.
WEST PoINT, June 15th.-The Academy's
Board found cadet Whitaker deficient in
philosophy.
The Cincinnati Judge Fields
Prospects.
New YoBK, June 15th.-The Heralds
Washington special says of the coming Gin
cinnati Convention, that both of the New
York delegations will be admitted and given
o vote each.
Judge Field has some Western supporters.
on the ground that his opinions as Judge
would help the ticket in the Pacific States,
and would secure the favor Of corporations !:
but there is an aversion to taking candidate
from the Supreme bench.
| New York, June 18th The Herald S
San Francisc, dispatch says The chief OBJ
4