The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1871-04-07

with or without any authority, Po"ss nj any State
pretended AUTHORITY power or process ar nbsfrn
territorial or municipal authority Syi,,stian or other
hinder, assault, by bribery the supervisors of
WISE III etber of them, the marshal OF his
general or special deputies opren Of Jhem or either
nr which he or they either of them, may
he authorized to perform by any Jaw OF tne United
@ Or shal by any Of the means before mentioned
hinder or prevent the tree attendance and presence
at such places Of registration or at such polls of
election, or full and Tree access anu egress to and
from any such place OF registration poll of cleo
ton, or in going to and from any such place OF regis
tration or poll of election, to and from any room
where any such regis ration election canvass of
votes, or OF making any returns certificates there
o. may De mad, or shall molest interfere with, re-
move, or eject from any such place of registration
or poll OF election or OF Canvassng votes cast thereat
or OF max ng returns or certificates thereof any SUI
pervisor OF election the marshall or his general or
special deputies, or either of Them or shall threaten
or attempt, or offer to do, shall refuse
elect to aid and assist any supervisor OF election, or
OF them, IN the performance OF his or their duties
when required by him Them, either OF them to
misdemeanor and liable to instant arrest without |
process, and on conviction Thereon shai De punsned
by imprisonment not more than TWO years or 6V nne
not more Than Thu thousand dollars, or by both such
fine and Imprisonment, and shall pay the costs OF |
the prosecution Whoever SHALL during the progress
OF any veriicaton OF any hts of the persons who |
NAV have registered voted, and which shall be |
had made under any OF the provisions of this act
sweIing shall knowingly give false formation in re-
sIect 10 any inquiry lawfully made, such pers shall
be liable 20 arrest and Imprisonment as for msde-
meanor and conviction thereof shall be punished
by imprisonment not to exceed thirty days, or by
fine not exceed one hundred dollars, or by such
fine and imprisonment, and shall pay the costs OF the
prosecution.
SEC. IL. and be it further enacted, That whoever
shall be sppointed supervisor of election or a
special deputy marshal under the provisions OF this
act, and shall take the oath of office such super
visor of election or such special deputy marshal,
who shall thereafter neglect or refuse without good
IN rforTn onA tiac, f,,llx,
the duties, obligations and requirements Of such
office uni the expiration of the tenn tor which he
was appointed, shall not only be subject to removal
from office with loss of all pay or emoluments, but
shall be guilty OF misdemeanor and on nvicton
shall be puais by Imprisonment for not less than
six months nor more than one year, by fine not
less Than two bundled dollars and not excee ing five
hundred dollars, or by both fine and imprisonment,
and shall pay the costs OF prosecution.
SEC. IL. And be 1T further enacted That the mar.
sba or his general Deputies or such special deputies
as shall be thereto sreciay empowered by him, in
or his said general deputies his special deputies
or either or any chem, shall be orciby resisted in
executing their duties unuer this act, or the act
hereby amended, or shall, by violence threats or
menaces, be prevented from executing such duties,
or from arresling any person or persons who shall
commit any .fense for which said marshal his
general or his special deputies authorized to
make such arrest are, anu each OF them is hereby
empowered 10 sum mon and call to his or their and
| the pystanders posse comitatus his district.
SEQ. 10. And be It, further enacted, That It shall be
the duty each OF the circuit courts of the United
States in and tor each judicial circuit, upon the
the recommendation in writing of the judge thereof
to name and appoint on Or before The first dav of
May, the year eighteen hundred and seventy-One
and thereafter as vacancies may from any cause
arise, from among the circuit court commissioners
in and for each judicial district in each of said u
dicial circuits, one Of such officers, who shalt be
known for the duties required OF him under his act
as The chief supervisor OF elections OF The judicial
district IN and TOR which be- shall be commissioner,
aud shall 20 long as .htul and capable discharge
| the duties in this at imposed. and whose duty it
snail be to prepare and furnish all necessary books
1 blanks n fha 1Isa md n
recton OF the supervisors OF election in the several
cities and towns in their respective districts; to
ceive the appca ions OF all parties for appointment
to such positions; and upon the opening, as contem-
plated in this act of the circuit cour the judi
4 cial circuit in which the commissioner so desig-
4 mated shall act to present such applications 10
the judge Thereof, and furnish lntorma ion to said
Judge in respees to the By the said court
vi.Ors of election, where necessary lists Of the per-
sons who may register and vote. either in their
respective election districts voting precincts and
to cause he names those upon any such list whose
right 10 register or vote shall behonestly doubted to
be verified by proper inquiry ana examination at The
respective places by them assigned as their resi-
dences; and 10 receive preserve and file all oaths OF
office OF said supervisors of election and Of all special
deputy marshas appointed under the provi lions Of
this act, and all certificates, returns, reports and
4 records OF every kind and nature contemplated or
made requl;i under and BY the provisions OF this
act, save where otherwise herein specially directed
And II is hereby made the duIy all United Sla es
| marshas and commissioners who shall n any judi
clal district perform any duties under The provisions
OF this act, the act hereby amended relating TO-
concerning affecting the election OF Representa-
| tives or delegates IN the Congress of the UNI ed
States, to, time time with all que dill
gence forward to the chief supervisor in Tor their
| judicial district all complaints, examinations and
reco' DIS pertaining thereto, and all oaths OF office by
them administered to any supervisor OF election or
special deputy marshal, iu order that the same may
| be properly preserved and filed.
SEC IA And be It. further enacted, That there shall
be allowed aud paiG to .ch Chief supervisor for his
service as SUCH officer the following compensation,
| IOr the performance OF any duty as circuit court
commis Toner: for fling and caring every retuln
report record, document other paper required 10
be flied by him under any of the provisions of this
act ten cents for afxing seal to any paper record
and be Twenty en- a9f entering
per folio; and for arranging and transmitting TO
Congress, as provided for in section seven OF this
| act, any report, statement, record, return, or
examination, for each folio, fit en- ceuts and for
any copy thereof or OF any paper fle like sum.
And There shall be allowed and paid to each and
every supervisor of election, and each and every
| special deputy marshal who shall be appoint
ed ana shall perform his duty under the provisions
OF this act, compensation at the rate OF ave dollars
per day for each and every day he shall have actu-
ally have been ON duty, not exceeding ten days
the sns saa the ene shall be
counts to be made OUT verified, examined, and ce1-
titled as in the case Of accounts OF commissioners
save tnat the exam inatiOn or certificate required
may be male by either the circuit district judge
sRc 49, And be it further enacted, That the juris-
dictlon OF the circuit court OF the United States
Shall extend to all cases in law equity arising un-
der the provisions OF this act or the act hereby
| amenueui ana III any person shall receive in
jury 10 his person or property for or account of
any act by him done under any of the provisions of
this act or the act hereby amended be shall be en-
titieu 10 mantan suit for damages tn. reor in the
circuit court OF the United States in the district
wherein Ell the parry doing the injury may reside
oEo. IL. And be it further enacted That in apy case
where suit or prosecution, civil criminal shall be
commenced In court OF any Stale against any officer
Oh tine United States, or other person, or on ac-
count OF any act done under the provisions of this
act, or under thereof or for or on account of
such officer or other person under any OF said pro-
Visions, 1t shall be lawful for the defendant in such
sun or prosecution at any time before trial, upon
peiuon 10 the circuit court OF the Une ed STATES in
and for the district in which the defendant shall
nave been served with process. setting forth the
said petition by affidavit, together with Certificate
signed by an attorney counsellor at law OF some
court OF record or the State which such suit shall
nave Deen commenced, or OF the Uni ed States, SGT
ting forth that the petition he has ex-
ahmed the proceedings against him, an has care
Iuy inquired into all the matters set forth in the
petition, and that he believes the se ne to be tine
| which petition. afidavitE .ndI cerhcate shall be
presented to The said circuit court, il session. and
hot 10 the clerk thereof at his ohce and shall be
nle IN said office, aud the cause shall ihereupon be
entered on the docket of said court, and shall be
me. eater proceeded in a. cause originally COM
| menced in that court and it shall be the dnty OF
the clerk OF said court il the suit was commenced
in the court below by summons, to issue a writ of
cetlorarl to the Stale court, requiring said court 10
| send 10 the said circuit court the record and pro-
ceedlngs in said cause; or it it was comm enced BY
causa, duplicate Of which said writ shall be deliv-
ered 10 the clerk OF the State court or LETT at his
once by the marshal OF the district or his denuty
or some person duly authorized thereto; and there
upon It shall be the duty the said state court to
stay an further proceedings in such cause and the
sau solt or prosecute upon delivery OF such pro-
cess, o. Ieavlug the same Aforesaid shall be deem
Gu and taken to De moved to the ssiu circuit cOutt
anu any fnrther proceedings, trial. or Judgment
there1n In the STATE court shall be wholly null nd
Voidj ana any person, whether attorney or officer
OF any state c1uIt or otherwise, who shall there
aiter take any steps, or in any manner proceed in
tne state court In any acIion removed shall be
sulty mlsdemeanor, and liable to trial and nm.
been removed and upon conviction thereof shall he
punished by Imprisonment for not less than civ
mon Cns nor more than year, or by fine not ,os
snan nVe hundred hor more than one thousan dol
ha,, VI py ootn such hne and impri, onment and
snail In addition thereto be amenable IN tba sa;d
court 70 which said action shall have been remowad
as or contempt; and il the ,endant IN anv sucb
sun pe IN actual custody on me ne process there,n
l. snai De the duty OF the marshal b. yirtue of tb
hodv ~ ~ ~. hapeas corpus cum causa to take the
ueait win In the said cause ACCORDING IN the
lues OF law ana the order of the circnit coprt
" VI any Judge thereof in vacation And ali ~
uacnmehts made and all bail other secuTitv given
in Le sun or prosecution shall be and continue
cutiGn had proceeded to final Judgment and exeen-
.on ~ tne - ate court. And ii upon the removal of
any sucn suit or prosecution it shall be made to an
per 70 Tine said circuit that no COPY of the
RECORD ana Proceedings therein ia the Stare court
can be obtained it shall be lawful for said circuit
Surt 10 ailow and require plaintiff to proceed
hoVo ana TO lille declaration of his cause of ac-
oion ana the parties may thereupon proceed as in
actons originally brought iu said circuit courts and
on failure OF SO proceeding judgment Of non prose
qultur may be rendered against the nIaintif viii
costs for the defendant. rA' Win