The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-11
THE IMPENDING STRUGGLE.
A Sound Democratic View OF che Questtons 20
Come Up In Congress Next Week.

Come Up In Congress. Next Week.
Prom NE IrodL
Whatever Importance or significance there
might have boon n week ago in DISCUSSION
against tho Senate under the Federal Constitu-
ton, the question will be rs dead as julius
onsesS NH tben lbs bem g e' Mr. HAYES
knows and his Primo Minister, Mr.. Evarts.
knows the issue which is looming up between
Congress and the Executive. The Administrh.
ton can decide before a week whether 1t will
defy Congress in the matter Of using the army
. to keep tho. peace at the polls" and undertake
TO maintain MIR. Davenport and his iron cages
raries tho Herdn tho Trjlffne. M Times md
tie Ert5,ing PSi. ali with more or less dis.
tnctncss urge and egg on Mr. Hayes to
crcato an uproar and TO disturb tho business
pei Congress to abandon the useful measures Of
repeal which II ineditates. They practically
encourage him to block the Government wheels
only be broken by the possible advent OF some
"cpauctted emperor on horseback" What
Congress means to do every ono knows. 10
means 10 strike out tho words or 10 keep tho
peace at the polls from sections 2.002 and
552S Of the statutes, and it means TO rcpcnl all
the sections from and including 2.0ll TO and in
Guiding 2.O3l and all other provisions " OF law
authorizing tho appointment of or tho per-
Torrance Of any duty 10y any chief or other SUI
pervis0r Of elections. or any special deputy
marshal or other deputy marshal Of elections.
or the payment OF any money TO any such SUI
pcrvisor or deputy marshal Of elections for any
services performed as SUCH"
@ llls NfNlbu iut ttllibNIHllt UlNIubfIS NM
Senators are irrcvocably committed. and that
Mr.. Hayes has. rs yet. given no positive
pledges that he will resist this action Is evident
from tho persistent efforts OF tie sialwarts To
force him into the traces and under The whip OF
Mr.. Blaine or Mr. COnkling. There Is no ques-
ton OF constitutional right or treaty obligation
involved in tho repeal. The laws 10 be abro-
gated are not ancient. Congress will demand
the amendment OF the army sections. because
these sections enable the Executive to use sol
diers at the polls without the summons Of
magistrate. OK n marshal. or q state Governor.
AfHFs IHFHU |uffa Nlaa Al Tho
army will remain subject to the call OF either
OF these four authorities, according To- section
1881 and title GO. And Congress insists on the
repeal OF the deputy marshal and supervisor
sections. because oven II Federal supervision
be constitutional and proper. the existing laws
concerning supervision are vicious IN method,
dishouOring 10 the Judicial power insulting to
the States rs FREQ communities. and in New
York, at least have been scandalOusly executed.
For a series 81 years the Circuit Judges of this
city have allowed Chief Supervisor Davenport
under these laws 70 nssail md abuse our nat
uralizcd citizens. Thus far, TO be sure he has
only yentured to challenge the naturalization
papers Of the humble and the unknown who
have been iucgrcorntcd in his iron cages, but IL
Otendorfer and Mr.. OGorman will come next.
There is not naturalizcd American in New
YORK whose papers may not % tefhnically I'M
perfect. In the Northern cities the Supervisor
and Deputy Marshal laws are aimed ut voters
OF German and Irish birth. VIII Mr.. Hayes
consent to Join in the stalwnrt inlsehood that
can Descent What viii Fir. Eyarts advise his
State nothing Of the dongs OF paven-
port can Toe hidden. He knows perfectly
we'll that tho Federal statute deiaros that
deputy marshas for Congressional cleo
tons cnnnot be lawfully appointed excepting
, ia any cily.9r town having upWar! OF 2OONo
pointed for any other than Congrt ssional cl.c-
lions. For elections held solely for state on
Gers or for Presidential electors. deputy mar
shuls cannot he appointed. Aud nothing can be-
clearer. from the rerars 81 tho Atorney-Gen-
1916 s23O.522 were distributed thus:
New York sieg oeo
California ... Jog 4
New Jcr.sy ............. II ~.B
Mass-t .Ase u. -N0h
ENrcnsc In Northern STATES. ............ s2aos2-
These deputies were chiefly used in 1876 and
In 1875 in New York. Supervisors may be gp-
pointed IN any Congress ional district II ten citi
| zens request the Circuit Judge to designate
| them, hut only two need make tho request in
| cities OF over 10000 inhabitants. In N" great
cities the superN isors may arrest tsrc. 2o22l on
seeing an offence committed There bc 40 dep
| uiy marshal present. hut the SUPERVISORS IN
places 81 less than 20 coo inhabitants cannot ,sec.
2.O29l arrest any oHendcr. IN the iat,r cSsc No
| supervisors cannot do anything tscc. 2u2sl but
| witness the proceedings. Therefore through
out the country. outside OF the large cities there
| can be no deputy marshals. nor can the super
| visors arrest or de'ain any oucnders either on
| registration or election days;
| These obnoxious statutes, in truth, M any ono
| NAV see. and As tho expenditures disclose, are
chiefly aimed at New York and e New York
|
that voters are not protected in New York by
| New York laws. There is no question OF races.
| or colorS, or previous condition OF scrNltude in
| New York. Will Mr.. Evnris advise Hayes that
| In New York the protection OF Tie white race ~
the polls depends on Mr. Davenport his deputy
| marshals. and his iron cages Tor naturalizcd
| ctI2cnsf Next autumn there Will be an ami,
mated contest IN New YORK over the election OF
n Governor, but neither Mr. Pomeroy nor MI
/ Sloan in Albany has been heard 10 complain al
the State laws. No Federal OIL 'crs can scru-
tniae or interfere with the state elec
York elections be- false and Fraudulent
in Congressio nal years without Mr.. Davrn
| port. and yet true and honest in the intcrveutn-
years whom State officers are TO be chosen ane
Davenport Is impotrntY II is to be borne 10
mind that the laws which Congress proposes Z
repeal do not touch the elections Of Presiden
or Of Vice President or OF Federal Senators
These are chosen by state officers. The super
| vsors and deputy marshals only have To d
| every two years with members OF Congress
| No registration or election in the intervening
year can they scrutiniac or guard. and they eai
| supervise the choice OF members OF COnErcs
even only In cities OF 20 900 peoplel
We shall look 20 soc Mr.. Evarts, M lawyc
and as a state man. advise his chief that thcs
laws were vicious in conception and have bee
scanduIOus in their execution III New ! ofk
that they ought To be swept away. that III
Statcs must De tried and trusted again ms u.
, States were from the foundation Of our Govern
mcut 10 the year 1871 2 that u the States a.
honestly to elect members OF Congress, otho
means than these can be- provided 10 insur
I, honest elections: and, finally, that II nor
stringent election laws are needed in this stat
IN session at Albany. which has Just el 'tted NJ
, ! CouklirE 10 tho Senate. hut hns not exhaust
the bowers cOnnded to IL. even in that great an
supreme effort OF It's wsdoml