The Northern Pacific farmer. [volume] (Wadena, Minn.) 1878-1885, 1880-06-24
VETOED.
Full Text Of Pres. Hayes Veto Of the
Deputy Marshal Bill.

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 me are contained in the following sections Of
the revised statutes: Section 2O2l: Whenever m
election ut which representatives or delegates in
congress are to be chosen is held in any city or
town OF 10000 inhabitants or upwards the mar
shall for the district in which said city or town is
situated shall application in writing of ut least
two citizens residing in such city or town appoint
special deputy marshas whose duty it shall be
when required thereto to aid and assist supervisors
OF election in the certifcaton Of any list of per-
sons who may have registered voted to attend
IN each election district voting precincts ut 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 TIMES 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 ut 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
custody with or without process any person who
commits, or attempts offers to commit acts or
ofenses prohibited herein, or who commits an Of
Tense against the laws Of the United States; but
no person shall be arrested without process for any
ofense not committed in the presence of the mar
shall or his general or special deputies either Of
them or OF supervisors of elections or either of
them and for the purposes Of arrest or preserva-
ton OF the peace the supervisors of election shall
in the absence Of marshas deputies or if required
to assist such deputies, have the same duties and
powers as deputy marshals; nor shall any person
on the day OF such election be
ARRESTED WITHOUT PROCESS
for any offense committed on the day of rgistra-
ton.
Section 2O23. Whenever any arrest is made ur-
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 offenses alleged, and such
commissioners, judge or court shall proceed in re-
spect thereto, authorized by law in the case of
crime against the United States.
Section 1924. The marshal or his general depu
ties or 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
them is forcbly resisted in executing their duties
under this title, or shall by violence, threats
menaces be prevented from executing such duties,
Or from arresting any person who has committed
any offense for which the marshal or his general
or special deputies are authorized to ma Ee such
arrest, are and each Of them empowered to sum-
mon and call to his aid by-standers posse
comtatus of his district.
Section POPS. No person shall be appointed a
supervisor Of election deputy marshal under
the preceding provisions who is not at the time of
his appointment qualified voter of the city, town
county or parish election district voting pre-
clnct in which his duties are 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
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 be subject to re-
moval from office with loss of pay or enolments
but he shall be punished by Imprisonment with
or by fine OF not less than 5000 and more than
$500, or by both fine and imprisonment, and shall
pay the cost of prosecution.
Section 5522. Every person whether with or
without any authority, power or process, or pre-
tended authority, power process of any state or
territory or municipality, who obstructs, binders
assaults or by brides solicited, taken or otherwise
mterteres with or prevents supervisors of elections
or OF either OF them, or the marshal his general
OF special deputies or either of them, in the per-
torlnance 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 0f otherwise, who by any
means before mentioned, binders or prevents free
attendance at such places of registration or at
polls OF election, or to and from any room where
any such registration election or canvass of
votes, or OF making any returns or certificates
thereof may be had who molests interferes with
removes or elects from any such place of registra
tlon or poll of election; of canvassng the votes
thereof any
SUPERVISOR OF ELECTION,
the marshal his general special deputies or
either Of them, or who threatens or attempts. or
offers so to do, or refuses neglects to aid and
assist any supervisor Of election marshal or his
general or special deputies or either of them, in
the performance OF his or their duties when re-
qured 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 bv |
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 Uuted States in a
recent case of ex-parte Siebot and others, de- |
cided at October term, 1879, question raised
in the case as to the constitutonality Of the Sec
tions OF the revised statutes above quoted the
following language: These portions Of the re- |
vised statutes are taken from the act commonly |
known as the enforcement act, approved May 81, |
1870, and entitled an act to enforce the right of
citizens of the United States to vote in the several
states OF tins Unlon and tor 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 an assertion
on the part OF congress of power to pass laws for
REGULATING AND supER1srENp1SG
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-
ceded to be a most important power and Of finn
damental character in the light of recent history,
and OF violence, fraud, corruption and irregular
tiles which have frequently prevailed at such eec
lions. 1t may easily be conceived that the exer-
ton OF power if it exists, may be necessarily the
stability Of our form Of government.