The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-10-12

| tion which exempts an eleotor from arrest in
going to or returning from the polls, except
for treason, felony, or breach OF the peace, ap-
plies only to such persons as are legally quail
fed electors. That as soon as judge OF
election decides a man who has attempted to
vote as not being an eleotor, and pronounces
his act fraudulent that man loses all the
additional safeguards guaranteed to electors,
and subjects himself to arrest upon the spot.
While, therefore, il is not the province Of any
officer TO arrest man in line waiting his turn
to vote, yet the moment he has attempted to
vote and failed he is liable to arrest as guilty
Of misdemeanor.
Again, the idea has gained prevalence,
through the statements of certain interested
parties, that if the Judge of elections took
away from the fraudulent voter his certificate
OF naturalization, and retained the same in his
possession, he would be guilty Of felony, and
as such be liable to arrest.
The judges of the Court of Common Pleas
unanimously-the Democratic judge himself
concurring-stated as their opinion that for
no acts committed during the hours of cleo
tion could judge or inspector of elections be
taken from the polls, that they had the right
to take up any paper which they deemed to
be fraudulent, and that for SO doing they were
not guilty of felony.
1t is, therefore, the privilege-yes, we will
say the duty-ot every election Judge to whom
any OF the fraudulent or seemingly fraudu-
lent papers of naturalization shall be pre-
sented, to not only retain these papers in his
possession, but to cause the arrest of the
party presenting them.
In case of collision of forces taking place
within our city-a contingency which we do
not anticipate will occur-the responsibility
will rest on that officer who has exceeded his
authority, and for any excess of authority
be it either through ignorance or wilful deter
mination to provoke a riot-he will be held to
the strictest accountability, official, civil, and
criminal.
Mr.. Sheriff Lyle, in appointing these depu-
ties in defiance of the legal opinion of the
Attorney General, has ventured on a step
which will without doubt subject both him
and his sureties to prosecution for any wrong
full step taken by any of these newly ap-
pOiutcu OhOCio, ahOh hO lCOl W Wo1AohsCA IL ooy
ing that not only will the $4,000 locked
up as security for his good behavior be made
responsible for his acts, but he will himsel
be vigorously dealt with by the Common
wealth for any illegal action, and il any
grounds exist for his removal, he will be re-
moved from his Office of Sheriff, and be held
personally responsible for any bloodshed ol
destruction of property.
Our citizens need not, however, anticipate
any interference with their rights. The Sheriff
knows that he is liable, and will carefully in.
struct his deputies not to place him and his
sureties in the awkward position of defendants
in a suit; while the Mayor of the city has
taken every necessary and proper precautior
to see that the rights of none, be their polite;
what they may, are infringed upon by roughs
whether they be imported from Baltimore or
sworn in as deputies under the mask of pre-
serving the public peace.