New-York tribune., 1872-10-07
rEDERAL SUPERHIsoRs or ELECTION

FEDERAL SUPERVISORS or ELECTION
The amendment to the Sundry Civil Appro
priation bill of 1872, extending the bayo-
net election law to al palts OF the United
States is somewhat obscure; but care
full study of its language and history satisfies
us that it limits the powers of supervisors evon
more closely than we pointed out tho other
day. Under the acts of 1870 and 1871, supervi-
sors were to be appointed in cities having
+,,ontv tbousond dinbaUiUantS, WIN pOWertO scru-
unlze the registration and vote, to count the
ballots, and to call upon deputy marshals to
make arrests. st the close of the last session
Senator Kellogg, in violation of rule OF the
Senate, introduced an amendment to an Appro-
priation bill, extending this law to every vOt-
ing precinct in the United States The pre-
siding officer, Mr.. Anthony declared the amend
ment in ORDER and after q desperate fight
and q twenty bours' continuous sitting, 1t was
forced through the Senate and sent to the
House. There it encountered so much OppO-
sition that it became evident the Appropriation
bill could not pass with such a rider, and a
Conference Committee finally agreed upon the
present law as a compromise. The most i'm
portant change is contained in the following
provided further That the supervisors herein pro-
vded for shall have power authority to mako ar
ress or TO perform other duties than to be In the imme
date presence OF officers holding the election, and TO
witness all their proceedings, including the counting Of
the votes and the making Of a return thereof"
1t is also provided that there shall be no
deputy marshals appointed in addition to those
previously authorized by law; no compensation
paid to supervisors except in cities OF towns
of twenty thousand or more inhabitants; and
no supervisors appointed who are not qualified
voters in the county, parish, district, or pre-
cinct in which their duties are to be per-
formed.
Now it is apparent that these provisions
amply not merely TO the additional supervisors
authorized by the law of 1872 Gas we at first
suppOsed), but to those in the large cities as
well. In other words, the laws of 1870 and
1871 are practically superseded, rather than
extended, by the amendment of 1872. None
of the Supervisors can now make or order
arrests, or interfere with the counting of
ballots, or authenticate returns. Their duties
and powers are merely those of private cti-
zens, stationed where they can see all that is
done, and qualify themselves as witnesses in
case fraud should be afterward alleged. That
is to say, the supervisors herein provided for"
are not merely the additional supervisors, but
all supervisors whatever the word "herein'
applying not only to the amendment, but to
the act as amended.
That this wns the understanding of Congress
ia evident from the proceedings at the time
of the passing OF the bill. When the report
of the Conference Committee was read in the
Senate, Mr.. Morton called attention to the
proviso we have quoted and asked whether
il "simpiy made the supervisors silent spec
"tators without even the power to challenge
"a voton Mr.. Edmunds, one of the Com
mittee, replied:
"Tney nave power challenge o vote except that
which belongs TO citizen under tho existing laws.
Under the existing law, in cities Of twenty thousand
habitants more power OF the supervisors
officially present where they be In tho Immediate
presence OF the officers having charge OF the election
and to observe voting and TO witness the counting OF
the votes the making OF the returns that they
shall know precisely what the truth L. Under existing
law they had the slightest power to make
or TO interfere with the of the procedure in any
way. The House insisted upon having this provision
put In as OF composing their differences In the
other body, TO which forced to assent with
WOW ~ getting w al end"
In tho House, Dir, Garfield explained the