The New Orleans daily Democrat., 1878-11-08
TME u. =. HsAWhsHAA.'s OFFICE.

The condition of United States Marshal
Jack Wharton was reported at his Office yes
terdav to be such that he is expected TO be
out In very few days.
THE DEPUTY MARsHALs.
Regarding the course VI tho Vhitea olA"3s
Marshal In the matter OF the deputy marshais
who are said to have been assailed on refused
admittance within the polling precincts dur
ing the counting of the votes, our reporter in
teryiewed the chief deputy marshal, Mr..
Wurzburger. ,,.,., .,
lies claims to have been struck, and III another
ward another deputy says that he was
~shrushed." In many Instances, the deputies
report that they were excluded from within
the polling places; il some cases even though
reoliired to remain by the United States su-
peryisolS. WV
A to the first ward case, said Mr.. Wurz-
burger. If, alter investigation. he finds the
charge well grounded, the matter VIII Ger
tainly be brought before the United States
Courts,
In the matter of the exclusion of the deputy
7narshals from the polls there are two ques-
tions In those cases where the deputy mar
shals were excluded against the VIII OF the
United States supervisors there Is violation
of law; but In those cases where the super
visors did not request the presence or attend
ance of the deputy narshals the question OF
violation D1 law may De an open ole'
On the first proposition 1t might be neceS-
sary to make d test case from an Official point
of view. But in those cases where the super
yisor's authority has not lntervened, 1t may
Rpe that the candidates or others directly in
ferested should take the lnllatOry steps 10
determine the meaning of the law.
Mr. Wurzburger could not give our reporter
the full text of the law, but gave him copy
of the printed instructions to the deputy mar
ehals. from which the following, bearing on
the question, Is extracted:
sror1oN 5522, r. S.-Every person. whether
with or without any authority, power or pro-
cess. or pretended authority, power or process,
nj anv State Territory or municipality. who
ohstrllcts hinderS asshu Is, or bV brlpofy, SOIL
citation or Other wise, interteres with or pre-
wants The supef yisOrS or election. or either or
them or the marshal or his general or special
deputies or either OF them, IN the perLoTmahce
of anv duty required OF III N, or either OF Them
~ rrhich he or they or ellber Of them, may I've
authorized TO uerfUrm by any law o1 the UNI ed
States in the execution OF process OF otheI"lse,
ar who hy ANY Of the means before Lnthtioheu
Binders or prevents the Tree attendance anu
presence at such places OF rtglstretloh or al
such lOlls OF election. or lulI ahu heo "ScSo7 G
tratiou or poll of election. or IN going " any
from any such place OF registration oi polk ~
election or 10 aud from any room. WAeEe any
such reg IstrAton or elec Ion or canvass VI kosoe
or of making any r:A III MS or ceruncates enete~
of may lie hat, or Eho nloiestS. lntefIeFes Will.
removes or elects from Hny such place OF ItRAe-
Nration or poll uf election, or OF canVasslns
sfyntp,s east tGertt or OF making returns or GER
NiIcates hereof any suptr rVlsor OF electlon, tne
RSnaEahnl or his general OF speclaI dephties. ~
NIfher OF them; or who threatens or a Temps;
Ion offers SO to do or refuses or nGglects 70 aio