The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1880-06-18
PRESIDENTS MESSAGE.


To the Senate of the United States:
After mature consideration of the bill en-
titled An act regulating the pay and appoint
ment of Deputy Marshals, | am constrained to
withhold from it my approval, and return it to
the Senate, in which it originated, with my OBJ
jections to it's passage. The laws now in force
on the subject of the bill before me are con-
tanned in the following sections of the Revised
Statutes :a 9sggaessass-sy,g lauagsssasssgsNays b
SECTION 2.021. Whenever an election at which
Representatives or Delegates in Congress are
to be chosen is held in any city or town of
10000 inhabitants or upward, the Marshal
for the district in which such city or town
is situated shall, on application in writ
ing of at least two citizens residing in such
city or town, appoint special Deputy Marshals,
whose duty it shall be, when required
thereto, to aid and assist the Supervisors
of Election in the verifcation of any list of
persons who may have registered or voted to
attend in each election district or voting pre-
cinct at the times and places when and where
registration may by law be scrutinized and the
names of registered voters be marked for chal-
lenge; and also attend at all times for hold
ing elections at the polls in such district pre-
cinct. aa,. -.
SEC 2,022. The Marshal and his general dep
uUlCS oI4dA hCcp UIG pGhC0f support duu pro-
tect Supervisors of Election in the discharge of
their duties, preserve order at such places of
registration and at such polls prevent fraudu-
lent registration and fraudulent voting thereat
or Fraudulent conduct on the part of any officer
of election, and Immediately at the place of
registration or polling-place or elsewhere, and
either before or after registering voting to ar
rest and take into custody, with or without
process, any person who commits, or at
fat1an 40 off RI of4 ho
offenses prohibited herein, or who commits any
offense against the laws of the United States !;
but no person shall be arrested without process
for any ofense not committed in the presence
of the Marshal or his general or special depu-
ties or either of them, or of Supervisors of
Elections or either Of them, and for the pur-
poses of arrest or preservation of the peace the
Supervisors of Election shall, in the absence of
the Marshals deputies, or if required to assist
such deputies, have the same duties and powers
as Deputy Marshals nor shall any person on
the day of such election be arrested without
process for any offense committed on the day
of registration.
Sec. 1923. Whenever any arrest is made, I'M
der the provisions of this t1tle the person so
arrested shall forthwith be brought before a
Commissioner, Judge or court Of the United
States, for examination of the offenses al
legged, and such Commissioner, Judge or court
by law in case of crime against the United
States.
SEC 2, O24. The Marshal or his general dep
uties, or such special deputies as are thereto
specially empowered by him in writing and
under his hand and seal, whenever he or either
or any of them is forcibly resisted in executing
their duties under this title, or shall by violence
threats, Tor menaces be prevented from execut-
ing such duties, or from arresting any person
,hOl kko1o SEQ
Marshal or his general or special deputies are
authorized to make such arrest, are, and each
of them, empowered to summon and call to his
aid bystanders or posse comitatus of his
district.
Sec. 2,028. No person shall be appointed
Supervisor of Election or Deputy Marshal under
the preceding provisions who is not at the time
of his appointment qualified voter of the CITY,
town, county, parish, election district, or voting
precinct in which his duties are to be per-
formed.
SEC. 5,52l. Ii any person be appointed Super
visor of Election or special Deputy Marshal I'M
der the provisions of the title, "The Elective
Franchise, and has taken the oath of office as
such Supervisor of Election or such Special
Deputy Marshal, and thereafter neglects or re-
fuses, without good and lawful excuse to per-
form and discharge fully the duties, obligations
and requirements of such Office until the expira-
he shall not only be subject to removal from
office with loss of all pay or emoluments, but
shall be punished by Imprisonment with not
less than SIX months nor more than one year,
or by fine of not less than 5000 and not more
than $780, or by both fine and imprisonment
and shall pay the cost of prosecution.
Sec. 5,522. Every person, whether with or
without any authority, power, or process, or
pretended authority, power, or process Of any
State, Territory, or municipality, who obstructs
hinders, assaults, or by bribes, solicitation, or
otherwise interferes with or prevents Supervis-
ors of Elections, or either of them, or the Mar
shall or his general or special deputies, or either
of them in the performance of any duty re-
CURED of them, or which he or they or either of
them may be authorized to perform by any law
of the United States in execution of process or
otherwise, Or who. by any of the means before
mentioned hinders or prevents free attend
ance or presence at such places of registra-
ton Or at such polls, Of. election, or full
and free access and egress to and from any
such place of registration or poll of election, or
in going to and from any such place of registra-
ton or poll of election, or to and from any
room where any such registration, or election,
OF canvass of votes, or of making any returns
or certificates thereof may be had, or who mo-
Tests, interferes with, removes or elects from
any such place of registration or poll of cleo
ZION, or OF canyaSslng votes cast thereat, or of
making returns or certificates thereof any
Supervisor of Election, the Marshal or his
general or special deputies, or either of them,
or who threatens or attempts or offers SO
to Go, or refuses or neglects to aid and
assist any Supervisor of Election or Marshal or
his general or special Deputies or either of
them, in the performance of his or their duties
when required by him or 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 not more
than two years or by fine not more than $4,000,
or by both such fine and imprisonment, and
shall pay the cost of prosecution.
The Supreme Court of the United States, in
the recent case of ex parte Siebolt and others,
decided at the October term, 1879. on ques-
ton raised in thecase as to the consttutionality
OF the sections of Revised Statutes above quot
ed, uses the following language:
"These portions of Revised Statutes are
taken from an act commonly known as the En-
forcement act, approved May 81, 1870, and en-
titled 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 to that act, approved Feb.
%, 1871. They relate to elections of mem
bers of the House of Representatives, and
were an assertion on the part Of Congress Of
the power to pass laws for regulating and
experimenting said elections and for securing