Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1876-10-26

EAsrERN N.
Attorney 0eaerai Tan ON the
sBayonsS Order,~

/
General TAN on che
"Bayenss Order"
NEw YoRx. October 25.-The announce
msnt that Attorney General Taft and
Murat Halstead would speak tonight at
Cooper Union filled the great hall In every
part with an audience composed In the
main OF lawyers and most substantial cit
Edwin W. Stoughton, . distin-
lawyer, presided. Attorney Gen.
eral Taft. in the course Of his address.
spoke OF his recent order TO United States
Narhals. He said "Some complaints
have been made of the order to United
States Marslals. 1 have not thought 1t
necessary to respond to these criticisms ;
perhaps l have been under an hallucinA.
ton In supposing II TO be q very good
order. and that il carried Justification on
Its face. It Is clear that the order does
not authorize or encourage the Marshal to
interfere with any honest citizen while
voting or performing any other duty.
They are only to prevent unlawful breaches
Of the peace Of the United States, and
they are not to intimidate any voter +; but
political critics claim that the order con-
fiicts with the recent decision OF the
Supreme Court, and are concerned Tor the
credit Of the bar. II they had read the
order AMI decision they would q v seen
that there was no conflict. The case de-
cided by the supreme Court arose upon an
election Of State officers only. and this
order relates 20 the election OF Federal Of
fcers only. Besides. the Supreme Court
in its opinion, lest some ignorant or per-
verse man should misinterpret the opinion,
went out of its way 10 say expressly that
the decision had no bearing ON tho clause
Of the Constitution relating 10 tho election
Of . member Of Congress. The Thir-
tenth Amendment made slaves frse men.
the Fourteenth Amendment made them
citizens aud gave them civil rights, ma
the Fifteenth Amendment provided that
no citizen should be denied the right ~
vote ON account Of race, color or previous
condition Of servitude. and that Congress
should have power TO enforce this article
by appropriate legislation. Congress
subsequently, passed IN act which would,
Is supposed. enforce this amend
mcnt. A case aroso In Kentucky at an
election Of State officers, only for denying
the right Of = vote 10 u negro. The Court
held That the Act Of Congress A. passed
was not appropriate legislation for the
premises OF tlai suit. The reason can be
coneissly stated thus. independent Of the
Fifteenth Amendment Congress has
nothing whatever TO do with the election
OF State officers. By that amendment ia
only power Is 10 prevent tho denial TO citi.
zens Of the right 10 vote on account OF
race. color or previous condition OF servi-
tude but this act provides u punishment
for . denial Of right VI voting to any citi-
ION, white or black. This transcribed
tho right Of Congress Is to State elections,
and was not. therefore, appropriate legis.
lstion. The act should have been confined
10 q denial Of the right Of voting on ac-
count Of race, color. etc.; but the Court
said they were not considering the effect OF
the fourth section Of the first article Of the
Constitution a. To the election Of Senators
and Representatives. The effect Of that
section is TO enable Congress to make or
alter any or all regulations a. to times.
place and manner c. holding elections for
senators aud Representatives In Congress.
These instructions relate TO the election OF
Federal officers, the very thing which the
e6,nreme Court say was not Involved In
,h.,r Jsci.ion of tie Kentucky case. The
-. - - ,n., M. judgement of the
oIue, 60. M, ma, co.cern peder.l
oap. M, ~. ro..on.hlx ni.in. m
esNuon ~. - nnla,s,.nj ,b.t- 7 com.
Wy sH H.. - ~. .ommon .chool .y.tem
hiehu hihh '" '"'