New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-12
A Registration Case.

| u,
It said Staes, requiring the aid and assistanc
' of the deputy United States marshal to aiC
and assist him in the discharge Of his du
. ties, ordered and directed E. r. Moret, {
j deputy marshal Of the United States
, duly commissioned and sworn under the
= provisions of said act Of Congress, and
, assigned to duty in said sixth ward, tC
enter behind the railing in the room OIL
place where the said registration Of voters
was being had aud thai, TO defeat the
ends of justice, etc, the registrar 'unlaw-
fully then and there caused the said room
or place of registration to be closed and
shut up"
Mr.. NickolI has already been arrested
and held to bail on this charge, and now
appeared for trial.
The prosecution was represented by j..
w Gurley, Esq, assistant United States
district attorney; and William r. Whita
ker, Esq, appeared for the defense.
The counsel agreed that there was no
/ difference as to the facts in the case; it was
only a question Of law the commissioner
was bound to settle. Mr.. Whitaker adj
nitted the deputy marshal had been re-
fused admittance inside the rail Of the
registrars office, but held that he, the
deputy marshal, had no right to be there
except when called there to make an ar
rest, or to preserve the peace.
Mr.. Gurley called the attention of the
| commissioner to section eight Of the law Of
February -, 1871, which read III substance
| as follows.
The marshal of the United States for the
judicial district shall appoint special deputy
marshals who shall have power and are re-
quired to keep the peace and support and
| protect the supervisors in the discharge of
! their duties, to preserve order at places Of
| registration and at polls, to prevent 1raudu-
| lent registering and fraudulent voting, or
| fraudulent conduct. on the part Of any Off
| Ger of election, and to arrest and take into
| custody, with or without process, any per
| son who shall, or attempt or offer to com
nit any of the acts or ofenses prohibited
| by this act, or who shall commit any 0tense
| against the laws of the United States; pro
yided that no person shall be arrested with
out process for any Offense not committed
in the presence Of the marshal or his general
or special deputies, or either of them.
And also to portions of section ten of the
same act, which provides that whoever,
with or without power or process of any
State, territorial or municipal authority,
shallin any manner Interfere with or hinder
any supervisor Of election, or marshal or
deputy in the performance of his or their |
duties. or shall by any means prevent their |
free attendance or presence at any place Of |
REGISTRATION or voting, or full and free aq |
cess or egress thereto or therefrom, or shall |
refuse, when called on, to aid and assist |
any such officer in the performance of lis |
duties, shall be deemed guilty Of a INSIDE |
meanor and be liable TO instant arrest, |
without process, and, on conviction, be pun
ished by imprisonment for not more than
two years, or by fine of not more than
$4,000, or by both, and pay costs of prosecu-
ton. Persons refusing to answer or giving
false information when questioned on the |
yeriticati0n of any list OF persons who may
have registered or voted, are also liable to
arrest as for a misdemeanor, and subject to I
thirty days imprisonment or 500 fine, or
both and costs.
Mr.. Gurley thought this law was so clear
that there could be no misrepresentation as
to It's meaning
Mr.. Whitaker insisted that the duty of
the marshal was simply a police duty: al
though he was bound to aid and assist the
supervisor, the latter could not delegate his
functions as such to the former. He held
that there was no man appointed registrar
under the laws of the State who was not
disposed to conduct business fairly, and
there is no.necessity of any conflict of au-
thority between them ana the officials Of
the United States There is no reason why
each should not DO his whole duty without
coming in conflict with the other. There IS
no provision OF either the law OF Congress |
or the law Of the State which clashes with
the other Why, then, this continual bicl-
ering and jarring Ii it is not stopped
there will certainly be brought about that
which is most to be regretted-a conflict
between the State and national authorities.
Let the supervisors do their duty without
assuming more than their duty, and the
deputy maTshals remember that they are
nothing more than police officers on duty,
and this calamity Will he averted
Under this law the marshal has the power
to drag the duly commissioned officer Of the
State from his place and incarcerate him
Is not this power enough. without assuming
powers he has not 2 There is, and will be-
no attempt on the part OF any registrar to
impede any legal voter in registering or
voting. Tie supervisor has the right to ex-
anime the registry list, check the names for
challenge and tile deputy marshal has the
right to visit every dOmicile and verify thar
list; be has free access to the room. can
hear every word spoken a1d read every !
line written. But there must be limit to
his power somewhere. If he is admitted
behind the registrars desk, then the United
States marshal can place fifty other depu-
ties behind there with him, until no other
man can get into the Office even to register.
The law has clearly defined the duties of
the deputy marshaIs They are to keen
the peace, prevent frauds, and make arrests
when necessary-nothing more Let them
assume nothing more. The representatives
Of the State have their duties to perform,
which they propose TO perform honestly and
fairly In their performance they will sub
,ers bvtedera Geiag does does not NJ 'a a9o G the