The Wellington enterprise. [volume] (Wellington, Ohio) 1867-188?, 1880-03-25
The Election LAWS.

long-pending cases coming up from the
States of Ohio and Maryland, involving
the econstitutionality of the Election law
of 1871, contained in section 5, ,515 of
the United States Revised Statutes.
Under this law one Judge of election
sppointea under State law of Ohio to
ACT alta Congressional election in 1878,
and five judges who were similarly APP
pointed by the State of Maryland to
conduct q Congressional election, also
In 1873, were arrested and tried before
United States District Courts for alleged
violation of State law, and in the Mary
lnnd case for also obstructing United
States Supervisors and Marshals. All
these parties petitioned to be released,
upon the ground that the law in ques-
ton was unconstitutional, and that con-
sequently the Circuit Court was without
Jurisdiction of the offense charged. The
decision has been looked forward to
with deepest interest by politicians Of
| both parties. The decision of the court
sustains the law of 1871, upon the
theory that there is a cooperative &C
tion by the United States and the State
in holding elections, and that this is
constitutional, the authority of the
United States being paramount. The
dDpOuut OupcENISOIS anu
Deputy Marshals is also firmly upheld.
The dissenting opinion by Judge Field
combats these views.
Following is the opinion of the major
ity Of the court in
q THE MARYLAND CASE. -
7lOriginal. Ex parte Albert Siebold ct al. /;
orari.- The petitionersi n this case were judges
| of election in the City of Baltimore. They
discharged duties as such Judges at the cleo
ton of Representaffvee TO Congress, Novem-
6sss; Is;S Under sections SsiS and 49, p & Sf
Circuit Court of the United States for the dis
trict Of Maryland. on the charge of interfer-
and Deputy Marshals OF the United States
while the latter were engaged in the perform
this charge, they were tried, convicted, and
sentenced to imprisonment. They thereupon
Appealed to this court, with petition for writs
gtound that the statutes under which they
were tried and convicted are unconstitutional
and void. This court, in a careful and elabo-
rate opinion by Justice Bradley, holds:
1. That the question of the constitutionality
OF said laws is good ground for this court 70
issue a writ or habeas corpus to inquire into
viction, and II the laws are determined to be
uneonssitutionaf the prisoners should be dis
. That Congress had power by the Constitu-
seosien scot or t S5is. of the Revised Statutes. which
makes It penal offense against the United
States for any officer of election held for Rep
or to violate any duty in regard to such cleo
ton. whether required by the law of the State
SrS or Of m rae unifed states; or knowingly & to do
intent to anect suoh election, or to make q
fraudulent certificate of the result, etc; and
section 5,52S, which makes it penal offense
for any officer or other person, with or with
out process, to obstruct, hinder, bribe, or in
shall or Deputy Marshal, in the performance
of any duty required of them by any law of
the United States, or to prevent their free at
tion, etc.: also sections 201l, 2,0l2, 20l6, 2Ol7,
,0sl and ,G:s, title %, Revised statutes which
sac6 sna ths so
point special deputies to aid and assist them,
Sisors and Deputy MarsSss' % these sDSe BEING % the
laws provided by Congress in the enforcement
aetef & May q g. ' lsZe. and the supplement- there.
Representatives, and for preventing frauds
therein.
3. That Circuit Courts have jurisdiction of
indictments under these laws and a conviction
and sentence in pursuance thereof is lawful
cause of Imprisonment, from which this court
has no power TO relieve on habeas corpus.
T. That in making regulations for election OF
Representatives IL is not necessary that Con-
gress should assume entire and exclusive con-
troll thereof, by virtue of that clause of the
Constitution which declares that the times,
places and manner of holding elections for
scribed in each State by the Legislature
thereof, but Congress may, at any time, by
to place of choosing Senators. Congress has
supervisory power over the subject, and may
either make entirely new regulations. or add
to-. alter or modify regulations made by the
State
5. That I'm the exercise of such supervisory
officers of election, or additional penalties for
breach of duty or for perpetration of fraud,
prevent frauds and see that elections are
legally and fairly conducted;
9. That the exercise of such power can prop
erly cause no collision of regulations or juris-
diction, because the authority of Congress
over the subject is paramount, and any regu-
consistent regulations of the State. This is In
volved in the power to "make or alter, So
s:,e t and Sa,iosai % soVereirntes & TO preclude %
cooperation of both in the matter OF elections
of Representative II both were equal In
diction might ensue, but, the authority of the
National Government being paramount, col
hsions can only occur from unfounded jeal-
s. That Congress had power by the Constitu-
tion to vest in Circuit Courts the appointment
of Supervisors of Election. 1t is expressly de-
clared that .Congress may by law vest the ap-
pointment of such inferior officers as they
of law, or in the heads of departments"
While, as question of propriety, the appoint
% one depertment lei ought not to E he lodged in in
another, the matter is nevertheless left to the
dscretion of Congress;
Marshals to keep peace at elections is not un-
constitutional. The National Government has
the right TO use physical force in any part of
the United States to compel obedience to its
laws and to carry into execution the powers
conferred upon It by the Constitution.
10. That concurrent Jurisdiction of the Ma
tionai Government with that of the States,
which it has, in the exercise of its powers of
sovereignty, in every part of the United
States, Is distinct from that exclusive juris-
diction which It has by the Constitution in the
District of Columbia, and in those places ac-
quired for the erection of forts, magazines,
arsenals, etc.
IL. That the provisions adopted for COM
pelling State officers of election to observe
State laws regulating elections of Representa-
tiyes not altered by Congress are within the
supervisory powers of Congress over such
elections. The duties to be performed in
their behalf are owed to the United States as
well as to the State, and their violation is an
offense against the United states which Con-
gress may rightfully inhibit and punish. This
necessarily shows from the direct interest
which the National Government has in the due
election of its Representatives and from the
power which the Constitution gives to Con-
gress over this particular subject.
The petitions for habeas corpus and certio-
rari in the cases of all the prisoners are de-