Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1880-06-24
VETOED.
Full Text Of Pres. Uayes' Veto of the
Deputy Marshal BILL
President Hayes sent the following
veto message to the senate June Is:

DCpaty
President Hayes sent the following
veto message to the senate June 15:
After mature consideration of the bill entitled
An act regulating the pay and appointment of
deputy marShals, | am constrained to withhold
from it my approval, and return it 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 are contained in the following sections of
the revised statutes: Section 2021: Whenever an
election at which representatives or delegates in
congress are to ba chosen is held in any city or
town of 20 900 inhabitants cr 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 in such city town appoint
special deputy marShalS whose duty it shall be
when required thereto 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 or voting precincts at the
times and places when and where the registration
may by law be scrutinized, and The names regist-
cred and votes be marked for challenge, and also
to attend
ALL TINES FOR HOLDING ELECTIONS
the polls in such district or 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
tration, and at such polls, prevent fraudulent
registration and fraudulent voting thereat or
fraudulent conduct on part of any officer of cleo
ton and Immediately at the place of registration
or polling place or elsewhere and either before or
after registering or voting to arrest and take into
custody with or without process any person who
commits, or attempts or offers to commit acts or
offenses prohibited herein, who commits an Of
tense against the laws of the United States; but
person shall be arrested without process for any
Offense not committed in the presence of the mar
shall or his general or special deputies or either of
them, or OF supervisors of elections or either OF
them; and Tor the purposes OF arrest or preserva-
ton OF the peace the supervisors of election shall
in the absence of marshals' deputies if required
to assist such deputies, have the same duties and
powers as deputy marshals; shall any person
on the day OF such election be
ARRESTED WITHOUT PROCESS
for any slfense committed on the day of rgistra-
tion.
Section 2023. Whenever any arrest is made un-
der any provision of this title the person so ar
rested shall forthwith be brought before a COM
missioner, judge court of the United States for
the examination of offenses alleged, and such
commissioner, judge or court shall proceed in re-
spect thereto authorized by law in the case of
crime against the United States.
Section 2024. The marshal or his general depu-
ties such special deputies as are thereto speci-
ally empowered by him in writing and under his
hand and seal, whenever he or either or any of
thom is forcibly resisted in executing their duties
under this title, shall by violence threats or
menaces be prevented from executing such duties
or from arreStng any person who has committed
any ofense for which the marshal or his general
| or special deputies are authorized to make such
arrest, arc and each of them empowered to sum
mon and call to his aid by-standers or a posse
eonattatus of his district.
Section POPS. No person shall be appointed
supervisor OF election or deputy marshal under
the preceding provisions who is not at the time of
his appointment qualified voter of the city, town
county parish election district or voting pre-
cnct IN which his duties arc to be performed. If
any person be appointed supervisor OF election or
special deputy marshal under the provisions of this
title Of the elective franchise and has taken the
oath of office such supervisor of election or such
special deputy marshal and thereafter neglect or
refuses
WITHOUT GOOD AND LAWFUL EXCUSE
10 perform and discharge fully the duties of such
office until the expiration of the term for which he
was appointed, he shall not only be subject to re-
moval from office with loss of all pay or emoluments
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
$500, or by both fine and imprisonment and shall
pay the cost OF prosecution.
Section 1922. 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, hinders
assaults, or by bribes solicited, taken otherwise
Will prevents SUPERVISORS Oh
or OF either OF them, the marshal or his general
OF special deputies either of them, il the per-
iorInance 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 or otherwise or who by any
means before mentioned, hinderS or prevents q free
attendance at such places of registration or al
polls Of election, or to and from any room where
any such registration or election or canvass of
votes, or Of making any returns or certificates
thereof may be had or who mOlests interferes with
removes elects from any such place of registra~
ton poll of election; or of eanyassing the votes
cast thereat or Of making returns of certificates
thereof, any
SUPERVISOR OF ELECTION,
the marshal or his general special deputies or
either of them, or who threatens or attempts, or
offers so to do, or refuses neg elects to aid and
assist any supervisor of election or marshal his
general or special deputies or either of them, in
the performance of his or their duties when re-
quired 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 $4,000, or by both such fine
and imprisonment; and shall pay the cost of
prosecution"
The Supreme Court of the Uuited States in a
recent case of cx-parte Siebot and Others de-
cided at October term, 1879, on question raised
in the to the constitutionality of the Sec
LlOlS OF revised ABOVE quoted uses LD6
following language: These portions Cf the re-
vised statutes are taken from the act commonly
known as the enforcement act, approved May 81 ,
1870, and entitled 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 %,
1871. They relate to the elections of members of
the house of representatives and were assertion
on the part OF congress OF power to pass laws for
REGULATING AND sUPERINTENDING
said elections and for securing the purity thereof
and the rights of citizens to vote thereat peace.
ably and without molestation. 1t must be con-
cedcd to be most important power and of fnn-
damental character in the light of recent history
and of violence, fraud, corruption and irregular
tiles which have frequently prevailed at such cleo
tions. 1t may easily be conceived that the eyer-
ton of power if it exists may be necessary to the
stability of our form of government.
The greatest difficulty in coming to just con-
cluson arises from mistaken notion with regard
to the relations which subsist between the state
and national governments. 1t seems to be often
overlooked that a national constitution has been
adopted in this country establishing real govern
ment therein, and which, moreover is or should be
as dear to every American citizen his state gov
ernments is. Whenever a true conception of the
nature of this government is once conceded no
real difficulty will arise in the just Interpretation
of its powers. But if allow ourselves to regard
it as a'hostie organization opposed TO the proper
sovereignty and dignity of state governments we
lhall continue to be vexed with difficulties as to
Jurisdiction and authority. No greater jealousy
is required to be exercised toward this government
in preference to preservation of liberties than
is proper to be exercised towards state govern
ments. Its powers are limited in number and
clearly defined and its action within the scope Of
those powers is restrained by a sufficiently rigid
bill of right for the protection of its citizens from
oppression. The true interests of the people CT
this country requires that both national and state