The news and herald. [volume] (Winnsboro, S.C.) 1876-1881, 1876-10-12

who, degraded tho gubelnatorial
chair, and violated every principle of
honor, to secure his own selfish ends.
AS to the course to be pursued by
having above 10000 inhabitants
only. On that date an act was
passed allowing supervisors to be
appointed without this restriction
Q7 United States Statutes, 3S4,) but
enacted, Seo'' that nothing in this
section shall be SO construed rs to
authorize the appointment of any
marshals or deputy marshals in
addition to those heretofore author
lied by law" ~Gaa. The authority
in this respect is found in 16 United
States Statutes, 436.
The laws OH this subject nro COM
piled in the United Statos Revised
Statutes in 1875, and IRE to the
Same effect. See page 357, section
2,O2l, and page 358, section 2,03O,
the latter of which reads as follows ::
Nothing in this title shall be con-
strued to authorize the appointment
of any marshals or deputy marshals
in addition to those authorized by
law'prior to 10th of June, 1872"
Taft's partisan order virtually
admits this to be the law but he
calls, tho attention of marshals to
actsprior to June 10, 1872, under
which they can appoint deputies.
In other words, he tells marshals
thar they may pretend to appoint
for ono purpose and employ for
another purpose! A nico legal
proposition for the Attorney Gcner.
Ill of IL great nation
It must, however, be borne in
mind that law must be found not
only for the power of appointment
but likewise for tho power of en-.
! p}oyn4ent. Now deputies appointed
undor any United States statutes arc
of two classes-''generut deputies
and "$peciul deputies" Tho first
arc tho ordinary and usual deputies
IN regular appointment and employ
ment by tho marshal. 1 suppose
there arc about .1our such in Soutl
Carolina now. These have the sumo
powers us to the laws of the Unite.
St1tcs as deputy shorifls have tt
State laws (sec 7SS United States
Revised Statutes.) Especial dcpu.
tics arc those appointed under
any special act, for instance that OF
February rs, 1871. Taft himself
pointsaout this distinction, and it is
taken III words in section 2,O22, re-
fcrred to by him.
Tho peci@l deputies under the
Act of February, 1871, are essential
ly special deputies. They can only
be appointed, on application
Of "two citizens :" only fo,
a "town of over 10000 inhabitants.
and tho deputies must be "qu.nnu,
voters of such town or voting pre-
; cnct."
, No lawyer CAN read the act OF
February, 1871, and tlat of June
1872, Without coming to tho conclu.
sion Vat no deputy can act ut al
election except the general dcputic.
and the special deputies upp0intec
'Wder these 0cts. The conclusion il
irresistible that the marshals cannot
appo!nt$pcciul Deputies for anothcl
pHiposc, Or under other acts, an.
employ them ut an election precinct
He may employ his general deputies
alyw! o"e, and special deputies onl,
III Charlcstun. Ho cannot cvadt
tho law by appointing special dcpn,
tbs and calling them gcUeruI depu-
ties. He has already his geucyu
deputies, and thoir names are o.
record i'll tic United States Cou! t,
for South Carolina, nnd are remova
b by tho Judge Of tho District
Court or by the Circuit Court, n,
the pleasure Of either.
And besides, is it not plain from
: the words Of the acts I have cited
that the machinery Of special depu-
ty marshals is not to be used excep;
i'll towns Of ovor 21,00 Inhabitants
Again, as the law provides no pay
for such service outside of suct
towns, those deputies would have
to serve not only at their own risk,
bat aritho" poy.
Tho reason why we object to the
exercise Of this illegal power by Mr..
Wallace is that he is o Radical par
t.s,n, has IL father who is candi-
date for Congress, and ho has de-
c'ared that all his nppointees will be
Radicals.
Under such system as this, our
election would DO ono like those
which Louis Napoleon used to have
held in Franco.
Hence, should Mr.. Wallace at-
tempt tho illegal appointment con-
tomplated, unless some law exists
which l cannot find, (and I include
acts to ,tlatc) he will involve both
himself and his deputies in position
of difficulty from which Mr.. Taft
will not be ablo to extlicntc him and
them. JAMES II. Ron
Judge Mackey has likewise taken
occasion to express from the bench
his views Of the famous order. A
correspondent of tho Ncws uu6