The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-06-16
REFUSES HIS SIGNATURE
President Hayes Veto of the Deput y
MarshaIs Bill.

Washington, June 49, President Hayes
returned 20 the senate this evening, without
his signature, tho billto regulate the appoint
ment of deputy marshals, together with a
message stating the reason why he has felt 1t
his duty to veto it, After citing the laws
in toree upon tho subject, sections POI, A,
2.0S, 1921 OF the revised statutes
and quoting the recent opinion
of the supreme court as to their
con'tltutionality, tho president says the
present bill proceeds upon the construction
Of the constitution MS to tho powers of tho
national government which Is in direct con-
liot with the judgment of tho highest judicial
tribunal of our country. The President
then recapitulates in detail tLe duties
aud powers of deputies and spe-
cal deputy marshals, rs prescribed in
existing laws, and says the functions of special
deputy marsbsls being executive, they arc
placed under the authority of u well known
chief executive officer of the United States
courts. They are in fact, and not merely
deputy OF the marshal, and
he and his bondsmen are responsible
for them. A civil force for execution of the
law is thus instructed in accordance with
the long established and familiar usage which
is simple and effective and under responsible
head. The bill before me changes COM
pletely the present law by substituting for
| special deputy marshals oftho existing statutes
new officers either unknown to the law or
who lack the power, responsibility and pro-
lection which are essential to enable them to
act efficiently as executive officers. The
President then quotes the bill in
full and says this bill does
not connect the new officers
which it creates with existing laws relating
to special deputy marshal, so as to invest
the former with the same powers or in the
possession Of the same duties, or give them
tho same protection by means OF criminal
laws MS special deputy marshals
have under tho present statutes. So-called
deputy marshals provided for in this bill will
have no executive head; no responsibility TO
anyone, and no authority to call posse COM
ilatus to their aid il resisted. They
are not protected by tho criminal
statutes in the performance Of their
duly; they cannot keep peace nor make
arrest where crimes are committed in their
presence; no oaths of Office are required Of
them; they have no bond, and
they are not punishable for neglect
of duty or misconduct in office.
In all these respects, this bill makes rad-
cal change between the powers of United
, States officers at national elections and the
powers uniformly possessed and exercised
by State officers AT state elections.
This discrimination against tho authority
, of the United States is departure
! from the usageof the government established
by precedents beginning with the earliest stat
4 utes on the subject, and violates tho true
|, principles of the constitution. In conclusion
President Hayes says he will offer no objec-
ton TO the appointment bycourts of officers
TO act with reference TO elections,
aud he favors their appointment without re-
I gard to party; but the present bill, while rec
ognizing the power and duty Of the United
States to provide officers to guard and scru-
> tnize congressional elections, fails to adopt
! its provisions as to existing laws SO as to Sc
cure such efficient supervision and protection.
The bill is therefore returned unsigned.