The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-10-18

Z fdngfmEHt and cldssi ilcatBD or Previous /
enaeImeffs into sections oi the revision
we're "msde for the purpose OF 4 ea0re con /
venient and orderly arrangement OF the
same, aud therefore no inference on presUBp- F.
ton ~ tgistatiUs c9nstTuctttH IS 10 be drGt5a'
/ from sub diUision into sections, or such
arrangement or classification. See. $500
4 This woad seem 10 settle the controversy 4
but, pa lug from this point let US consider
| further, bud treat the question as II these
sections bad been enacted Tor the first time
/ 10 those Revised Statutes.
| The ppwers and duties OF certain Super
yisors Of election are declared in Sections
\ 2Ol6. III, rs. 10 20 and 20 All OF
thtse arr copied from the act OF FeO. 3,
| 1871, in which they related only to Supervi-
vis0rs appointed Tor such large city or
town The advocates for military force in
.isJ that these sections include Supervisors
appointed to act outside OF such large cities
aud towns Bur. as we have seen, the sub
| sequent section, 2029, applies specially to all
| Supervisors outside OF such large cities and
towns, and declares they shall have mo da-
! dlortg' and perform no duty, except to be
\ present al me election TO witness tue proceed
/ ings. They are TO be mere observers, and are
not required TO be present at any registra
| ton, nor even to make report. OF neces
4 sity, therefore, we must limit the meaning
OF those previous sections to the case OF
Supervisors appointed tor city or town
| having at least 10000 inhabitants. Section
/ 2029 governs the case of all such outside
| Supervisors. But suppose that Congress III,
tented, In eDactins those previous seotioip
| in the Revised Statutes, to include Supervi-
s0ts appointed for places outside of such
| large cities and towns. On that SUPPOSE.
! ton those previous sections, which Impose
many duties on Supervisors, are reDugnaut
to that subsequent section, 2029, and in such
a case the rule Is, that the subsequent sec
ton, 2029, is to prevail just as it is written.
and that 1t repeats those previous sections in
so far as they are repugnant to It,
Quick VS.. Whitewater Township, Ind.
Packer vs.. Sunbury Il. X. Co.. 10 Pa,
! 2l0.
90 that we are to read those previus sec
tions, 20l6-l7-lS-l9-20 and 2022, as il they
were, in terms, limited to the case of super
visors of election appointed to act in cities or
towns having 10000 inhabitants or upward.
In this way, only, can We give proper legal
effect to the subsequent section, 2029, which
| declares all the powers aud duties of super
vlsors appointed to act in precincts and
places outside OF such large cities and towns,
| lI.-FEDERAL MARsHALs AND THEIR DEPU-
TIES, GENERAL AND SPECIAL.
As before stated, the Sth section of the
act Of Feb. Is, 1871, has been divided into
sections 202l and 2022 of the Revised Stat
utes, and the advocates of elections by mill
tary coercion, contend that by this mare
division Of the section, the meaning OF section
2O22 has been greatly enlarged! They assert
| THAT this last section, originally intended To
| apply to the marShals, and their deputies
general and special, when acting in aid of
supervisors appointed for and acting in
such large cities or towns, now applies to
! all supervisors, and includes all places and
! precincts Tor registration and uottag outside
OF such large cities and towns. Such is the
new art of addition by dtciSioni AS before
stated, such outside supervisors have
no authority, power, or duty, what
ever, to perform, except to be present.
ut the precinct for which they are appoins-
ed, and TO "wtness' the proceedings Of the
sticerS holding The election; and they cannot
tie present officially. at the places OF reoisb a.
tt0n' As the marshals aud their deputies.
general and special, can actunder this elec
! tio@SAH, only IN aid of the Supervisors IL
wolila be a full reply to this bold assertion
Of these advocates OF the bayonet, to say:
LIST. That this section, 2O22, cannot amply
to the case OF such outside Supervisors. for
they have nothing TO do, except to observe
the proceedings of tic officers holding the
| election.
I'd. Those outside Supervisors cannot he
present. officially, at any place of reqistra-
ton. No Federal official can act Officially, |
in any registration held outside OF such
large city or town, and not even there, OK |
cept when supervisors OF election, appointed
torsuch large place, are acting officially
therein
But there is another reply, full and con-
elusive, to this claim Of Federal right to in |
terpose Federal poweri in such eases; and il |
arises on the face dissection 2022. This see |
| ton declares that, "the marshal and his |
general deputies, and such special deputies
snail keep the peace, and SUI port and pro- |.
tect The supervisors OF elections in the dis |
charge of their duties, preserve order at
such places of registration and at such nol,s !
prevent fraudulent registration and tran- |
dulent voting thereat, or Fraudulent condnct
on the part of any officer OF election ctc
Now il will be noted, '''
LIST. That THIS section, 2022, does not In
clude all places and precincts of reyiStra-
ton and election, but it only refers to COR
tain places and precincts, by the indefinite
expression, "at such places of re~-
lstrauon, and at such polls" as the
places where the marshals and their general
ana such special deputies, are required to
We search in vain through this section to
learn what are the places and polls to which
IL refers as "Sach places of registration "
ana "Sach polls or for the meaning of the
expression, such special deputies :" and we
are, OF necessity, constrained to look IN
some preceding section OF the law to ascer-
tam what places" what polls" and what
special deputies are thus referred in This
section. '''''
On such cases, the rule is, to refer TO tho
next preceding section in which the same
or the like words, are used. We turn ~
section 2O2l, the next preceding section. and
there find exactly what was meant by nsing
those words of references, ''such places, :" and
such polls" ana ''SUch special deputies y
rus section. 2O2l, relates exelusiyely 10
registrations and Congressional eleotinnS
''held IN any city or town of 10000 inhabi.
tants or uEward;' and it is the only section
In all the act, that provides for the appoint
menY, by He marshals, of special IDENTITIES
to aid in registrations or elections. II aiso
speaks OF the places of registration. and
the "polls"of election. Moreover, there i
no other setion o f the Statute to which we
can refer and learn the meaning of tbose
words, sad places" and "saeh polls. and
such SPECIAL deputies as used in section
2O22 AZ mas been shown, sections 9GIe'
l~lS-l 9-2Oand 2022, so far as they rela,e 70
supervlSorsof election, are to be construed {