New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-10-30
ADMINISTRATION TACTICS.
THE FEDERAL ENFORCEMENT ACT.

TI0Ns-HIs CONSTRUCTION or THE LAW
CLEARLY UNwARRANTABLE.
To the Editor Of TIE Trtbune.
SIR: manual of practical directions has issued
from Police Headquarters to inspectors pollclerks,
and other officers of election in the City and County
Of New-York, for registering, polling and canvass
ing votes. On page 81 are to be found the instruc-
lions of Commissioner Davenport to United States
Supervisors Of Election Of their rights powers and
duties The Police Commissioners say that they
seem TO be in conformity with Congressional legs-
lation" My purpose is to show how untrue this is.
These assumed powers have no legal existence
They are fragrant usurpations, and their exercise
will infict great wrong upon the people Among
them are the following:
g. In reference TO canyassng Supervisors techn
caly authorized by law 10 count and and
every ballot in each and every box and make due
OF all votes therein TO the Chief Supervisor blanks for
which viii be furnished by him to them.
This work. where engaged in should, however, be done
with little Inconvenience and annoyance 10 the State
officers possible, and, nasmuch as the National Gov;
ernmont is directly concerned only with tbs Presidential
Electors Members OF Gopgress and Asse%omen taxing
only interested in the count Of the ballots In the other
oSoy r. by be bef
that Supervisory do no. manualy interfere with the
count OF the ballots the boxes except President
General Congress aud Assembly, unless they perceive
manifest fraud being committed.
AS each box Is opened the ballots contained therein
should nrst be oanyased and the proper return made
by the State officers The Supervisors may then count
Qured OF them 10 the Chief Supervisor Supervisors
expected by the Chief Supervisor that until their
mentioned wholly completed, Inspector OF Election
or other proceeds 70 open count or canvass any
ballots contained IN any other box, as Is the Provision vi
Supervisors are expected to prevent only fraud
uent registration and fraudulent conduct on D part OF
seeking TO register vote but also any traud
lent or improper conduct npon the part OF election en-
They however authorized 70 make arrests
except n extreme when 10 Deputy Mafshals arc
present, when called upon by Marshal to assstin
making arrest.
TO- Supervisors are required, II the Chief Supervisor
shall especially direct TO make personal examination
Of every house in their respective districts aud fully
verify the registration.
1t is true that the United States statute Of Feb
ruary 28 1S amendatory of the Act of May 81, 1870
provided for the apportionment of Supervisors OF
Election in cities and towns having upward of 10000
inhabitants; and that section of the same act con-
ferred on them the powers claimed by United States
Commissioner Davenport in the above instructions
Endorsed by the Police Commissioners But an
amendment to the law of February g. 1871. was in
corporated with the Appropriation bill Of June TO-
1872. The following phrase introduces it there, viz.
Said Act February 2s 1871 being hereby supple
mented OF amended so as further to provide" &c.
1t concludes with the following provision, viz.
And prouided further That the supervisors herein pro-
vided for shall have no power or authority " ake ar
date presence OF the officers holding the election ana
witness all their proceedings Including inc counting
It follows, therefore, that all the powers conferred
on the Supervisors by the law of February, 1871,
were withdrawn from them by this provision of the
amending law of June 1872. But, says Commits
soner Davenport and the Police Commissioners also
saw with him. that the above provision refers Onlyto
Supervisors herein provided for; that the word
"hereino applying only to the amendment of 1872
and not to the act of 1871, which it amends the pro-
vision limits ths powers only Of the Supervisors OF
any county, parish, or Congress district, provided
by the amendment of 1872, and not those of the
Supervisors Of any city or town having upward OF
10000 inhabitants provided by the act of 1871 as
amended. This claim is utterly groundless. BY
construction obviously reasonable, and one OF un-
questioned legal authority, the amendment OF law
is received as part Of the original law and to be
read with it in one text The words, 80 as further
TO provide which introduce the amendment OK 1877,
plainly declare that it is continuation OF the orlgl-
nal act 1t admits therefore of no dispute that when
this amendment declares, as it does, that " the
Supervisors herein provided for shall have no power
or authority to make arrests, OF TO perform other
duties than to be in the immediate presence Of the
officers holding the election, and to witness all their
proceedings including the counting of the votes and
the making of a return thereof" it legally and
obvously refers to all the Supervisors as well those
raroed in the Act of 1871 as those named In It's
amendment Of 1872, and whether they be super
visors in cities and towns, or Supervisors ncountes
marshes. OF Congress districts. If confirmation
of this were needed, it is furnished by the follow
inc paraeraph from the amendment ITSELF of 1872,
viz: Prorided That compensation shall be
allowed TO the Supervisors as herein authorized to
be appointed, except those appointed In cities OF
towns of 10000 or more inhabitants"
It is clear from this that If the lawmakers had not
supposed that the phrase the supervisors as herein
authorized to be appointed included both the SUI
peryisors in counties, parishes, and Congress Dis
tricts, provided for in the amendment of 1872 and
those in cities and towns of 10000 inhabitants they
would not have thought 1t necessary to except the
latter class in terms. But they did think it neces
sary. and 80 have furnished the proof that they
intended to embrace in the word herein" both the
act of 1871 and its amendment Of 1872.
II this statement is ndisputabe, then every power
previously conferred any and all supervisors
efectually Withdrawn from them by the act of June
TO- 1872, save the power implied in the duty simply
of witnessing the proceedings of the officers holding
the elections What then, shall be said of those
who advise them that they may, by law, count each
ballot in every box, may personally examine every
house In their districts and may arrest the persons
of citizens unless it be said that by advising usurp-
alton, they incite to disturbance and resistance
Netc- York, Oct. %, 1872. VOTER
THE HORSE DISEASE