Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1879-10-22
FEDERAL ELECTION ORR.
GERS

The questions relating to the Fed
eral election laws will probably be ar.
gucd before Chief Justice Waite, or
the Supreme Court Of the United
States, and the Baltimore Sun prints
in full the brief filed with the clerk of
the Supreme Court by Attorney Gen
eral Gwinn, OF Maryland, who appears
on the part of the Maryland judges Of
election by direction Of Governor Car
-yoQ 1.-The same question: come up in
the cases OF Deputy Marshals indicted
in the State Courts for oilenses against
tho election laws of Maryland, which
were removed to the United States
Circuit Court An elaborately printed
argument has been filed in support of
motion to have them remanded to
to the criminal court TO be tried ac-
cording to law. The cases were re-
moved under authority, as contended,
Of that provision of the United States
statutes which provides for the re.
movaI into the Federal Courts of pro.
ccedings instituted against any oil the
above officers for acts done in the
course OF their official duty. The acts
for which the parties named were in
dicted in the State Court, it is claimed,
were acts done by them as officers of the
United States, duly yappointed under the
Federal election laws, and in the per-
iormance Of duties imposed upon them
by said laws. The cases thus present
the direct issue, II will be seen, as to
the validity of the Federal laws under
which the traversers were appointed
and by virtue Of which they claim 70
have acted. If the laws themselves
are unconstitutional and void, no au.
thority could be lawfully exercised nm,
der them, and they furnish no protec-
tion to the traversers forany acts done
by them which, but the Act Of Con.
gress, would be violation Of the State
law. We are indebted to the Sun for
the argument, from which we con.
dense the following principal points
"ln the first place, the laws are ex.
amined in connection with the 18th
18th and 18th Amendments, and the
conclusion arrived at that they derive
no validity from the provisions of those
amendments, or any of them. Second
ly, the question is considered how iai
they are proper and valid exercise
of the power vested in Congress by the
Constitution to make regulations re
specting the times, manner, and place.
of holding elections for representatives
Finally, the appointment of Supervis
ors by the United States Circuit
Judges is assailed as an unauthorized
and unconstitutional delegation by
Congress to the judicial department o.
a power properly belonging TO the ex
ecutive department, and expressly re
served to that department by the Con
stitntion."
These were, in fact, the subjects o.
the protracled contest between the
Houses of Congress last Spring and
the Federal Executive Has Congress
the right under the Constitution OF
any Of its amendments to prescribe
regulations" in reference to elections
and TO compel their observance by
stationing Supervisors and Deputy
Marsbals at the polls, clothed with al
authority which is paramount to that
Of any State officer or State Courts
and before which State laws are pow
erlcss and State governments pros
trateY The only question for judicial
decision is the power Of Congress un
der the Constitution to pass such laws
Should the decision be in favor of th,
authority Of Congress, the question o
necessity, the wisdom and the expedl
cncy Of such legislation would still re
main question to agitatc the politics
Of the country