New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-13
The Registration Cases.

} Yesterday United States Commissionel
Weller pronounced the following decision
in the case off. w. Nickoll, assistant super
visor of the sixth ward, charged by Eugen,
Staes, supervisor of elections, with inter
fering with him in the discharge of hi:
duty:
The facts as admitted show that one Of
the United States inspectors insisted that
Deputy Marshal Moret, who had been sta
TONED atkthat registration office to DISCHARGE
the duties imposed upon him by law. was
resisted by +. w. Nickoll, one of the State
inspectors, and hence this prosecution.
1t is claimed by the defense that the
deputy marshal was mere police officer
whose duty 1t was to preserve order, pro-
teGt the supervisors and arrest disorderly
| persons"
IF these were the only duties imposed
upon him, there could then be no difficulty
III deciding the question. But this same
| section declares that the deputy marshal
| STALL at such polls "prevent fraudulent
registration and fraudulent voting" etc.
Where the law imposes duty on pub
lie officer, it cOnfers upon him all the power
necessary to the faithful performance of it.
How can he prevent fraudulent regis
tration2 unless he is permitted to occupy
position where he can detect it. 1t would
be quite an easy matter to arrange the
desks SO that no one outside the railing
could see what was going on. Besides, the
law makes it his duty to "protect the in
spectors," and if he is not allowed to pass
the railing how can he afford protection
In this case it was specially invoked by the
United States Inspector
The counsel for the accused has said that
there is no law limiting the number of
deputies, and he might place fifty of them
on duty at one office. | am bound to as
sumo that the United States marshal has
no disposition to provoke collision with
the State authorities, and hence, conclude
that he would, in the exercise of a sound
discretion, place but one deputy at each of
the registration offices, unless in case of a
serious disturbance or resistance to the
laws of the United States or an interfer-
ence with the inspectors
II a greater number were placed on duty
in the office it would probably depending
upon the particular fact) be hindering and
obstructng registration, for which the law
amply provides. In the case supposed by
the counsel, | would not hesitate, upon a
proper affidavit, issuing warrants to arrest
them.
While it is the duty of the deputy mar
shall to watch over the registration, he has
nothing to do with the books or papers, nor
can he challenge any voter applying for
1t he sees a voter about to be |
who he believes, from informa-
ton or personal knowledge, is not qualified,
he should advise the United States super !
visor of the fact, in order that he may make |
the challenge and have the proper entries |
made.
l was sorry to hear the counsel for the
defense In his argument declare that if the
commissioner decided in favor of the prose-
cutting witness, he would not ideSby it.
He also spoke of expelling these deputies if
they attempted to enter behind the railing,
by force.
The time for a forcible resistance to the
laws of the United States has passed by.
The citizens of New Orleans are loyal and
true to the constitution and laws of the
federal government, and they desire, above
all things, an honest, quiet and peaceabIe
election. / agree with the counsel that
here are provisions in this law which are
unconstitutional, But upon this question
5he higher courts must pass Until it is
'epeaIed by Congress or annulled by the
iecisi0n of the court of last resort, it must
le executed. Forcible resistance to it will
cad to the most disastrous consequences,
or the authority OF the federal government
must be maintained
Great forbearance is required from all
PARTIES in The present heated state of the
public mind 1t should be the object of all
o secure fair and legitimate registration
nd an honest election.
IT you can accomplish this, public conf
ence will be restore 7, and the people
eaceably acquiesCe, no matter what may
e the result of the contest. If we can not !
reserve the purity of the ballOt-b box, and
ecure to every voter his legal rights, then
be election is a farce, and the sooner we
btaln master under another form of gov
rnment the better. There can be no sta
ility in the government, no security for
lther persons or property, unless our cleo
ions are fairly and justly conducted. He {
Tho tampers with the ballot-box commits {
he greatest of political crimes and should
e universally execrated. !
My serious illness for many DAYS past, l
nd my present physical condition, prevent
le from presenting fully my views on this .
ct OF Congress, but perhaps this is un- I
ecessary. q
My decision is, therefore, that the defend c
Mt is guilty as charged in the affidavit, and
ust give bond in the sum of $3.50 to an :
yer before the United States Circuit Court !
its next term, and in default thereof he q
ands committed. u
The case of C. L. Van Hooten was called, i
ID W. T. Davis, Thomas H. Wynne, B. a
Blanchard and the accused gave their p
stimony.
The commissioner decided promptly that c
ere was no ground for the arrest, and dis G
issed the charge. tt
1t will be remembered that in this ease L L
r. Davis, supervisor, instructed Mr. 81
ynne, deputy marshal, to take Mr. Van 5
ooten into custody and to the first pre- q .,
net lookup, for refusing to permit him, II +,
avis, to examine the registration books A
me minutes after the Office had been
)sed. :.
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