River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1880-06-24
SUPERVISOR or ELECTION,


the lmarshal or his general special deputies or
either Of them, or who threatens or attempts, or
offers so to do, or refuses neglects to aid and
assist any supervisor Of election or marshal or his
general or special deputies either Of Them in
the performance of his or their duties when
quired by him them, or either Of them, to give
such aid and assistance, shall be liable to instant
arrest without process, and shall be punished by
imprisonment of not more than two years or by
fine not more than So 600 or by both such fine
and Imprisonment; and shall pay the cost Of
prosecution"
recent case of ex-parte Siebot and others, de-
cided AZ October term, 1879, on question raised
in the case 10 the eonstitutionalty of the Sec
lions of the revised statutes above quoted the
following language: These portions Cf the re-
yised statutes are taken from the act commonly
known rs the enforcement act, approved May II,
1870 and entitled an act to enforce the right of
citizens of the United States to vote in the several
States of this Union, and for other purposes, and
from supplement of that act approved July %,
1871. They relate to the elections of members of
the house of representatives and were assertion
the part of congress Of power TO pass laws TOR
REGULATING AND sUpERINTENDINo
said elections and for securing the purity thereof
and the rights of citizens to vote thereat peace
ably and without molestation. 1t must be con-
ceded TO be a most important power and of tnn-
darnental character in the light of recent history,
and of violence, fraud, corruption and irregular
tiles which have frequently prevailed at such cleo
tons. 1t may easily be conceived that the exer-
ton of power if it exists may be necessary to the
stability of our form of government
The greatest difficulty in coming to a just con-
ciusion arises from mistaken notion with regard
to the relations which subsist between the state
and national governments. II seems to be often
overlooked that Il national constitution has been
adopted in this country establishing real govern
ment therein and which moreover, is or should be
as dear to every American citizen as his state gov
ernments is. Whenever true conception OF the
nature of this government is once conceded, no
real difficulty viii arise in the just Interpretation
of its powers. But if we allow ourselves to regard
it as hostile organization, opposed to the proper
sovereignty and dignity of state governments, we
,hal continue to be vexed with difficulties as to
Jurisdiction and authority No greater Jealousy
is required TO be exercised toward this government
in preference to preservation of our liberties than
is proper to be exercised towards state govern
ments. Its powers are limited in number and
clearly defined and its action within the scope OF
those powers is restrained by a sufficiently rigid
bill Of right for the protection Of its citizens from
oppression. The true interests of the people Of
this country requires that both national and state
governments should be allowed, without jealous
interference ON either side to
ExcERoIsE ALL THE POWERS
which respectively belong to them according to
and State rights and the rights of the nation an
state should be equally respected. Both are
sental to n preservation Of our liberties and the
peipetuity Of our institutions, but in endeavoring
10 vindicate one we should not allow our zeal 10
nullify or impair the other
The true doctrine MS we conceive is this TINT
while states are really sovereign as TO all matters
which have not been granted to the jurisdiction
and control Of the United States, the constitution
and constitutional laws are as we have alread,
said the supreme law Of the land, and when they
conflict with the laws Of states they are Of para
mount authority and obligation. This Is the
fundamental principle on which the authority Of
the constitution is based and unless il he conceded
in practice as well theory, the tabrie o. OH
constitution as it was contemplated by its founders
eannot stand.
The questions involved have respect not more 10
autonomy and existence Of states than to con
tinucd existence of the United States AZ govern
ment to which every American citizen may look
for security and protection in every part OF the
land WHY do we have lnarshals at all if thc3
cannot physically lay hand on persons and thing
10 the performance Of their proper duties? What
functions can they perform if they cannot use
fol1.e IN executing the process Of courts Must
they call on the nearest court for protection Must
they rely him to requisite eonpulslon AMI
to keep the peace while they are soliciting and en-
treating the parties and bystandes to allow the law
to take its course This IS
NECESSARY CONSEQUENCE
If the position assumed If we indulge in such
inpraeticable views as these and keep on refining
and refining we shall draw the national govern
incnt ont Of the United States and delegate 1t TO
the District Of Columbia, perhaps TO some for
cign soil. We shall bring il back to o condition
Of greater helpIessness than that Of the old con-
federation. The idea Is based on the starved ami
npracticable view Of nature and powers OF the
national government. 1t must execute the powers
the right to ressa or question It's authority long
as it keeps within the bounds Of its jurisdiction.
have deemed il fitting and proper to quote
thus largely from IN important and elaborate
opinion Of the supreme court, because the bill be-
fore me proceeds upon the construction of the con-
stitution as to the powers Of the ational govern
ment, which is in direct conflict viii the Judgment
Of the highest judicial tribunal ri our country.
Under sections Of the present Nv above quoted
officers Of the United States are authorized and Il
is their duty in case Of congressional elections to
keep the peace at the polls and place Of registra-
ton, 10 arrest immediately any person who IS
guilty Of crime against the United States election
laws, and to
PR0TEcr ALL OFFICERS OF ELECTION
in the performance of their duties, and whenever
an arrest is made to bring the person 50 arrested
before commissioner judge or court OF the United
States for examination Of ofenses alleged against
him. Such special deputy marshals are specially