Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-06-17
ELECTION MARSHALS.

Message of the President Giving His
Reasons for Declining to Approve the
Bill Regulating Their Pay and APP
pointment.
WASHINGTON, June 15-President Hayes sent
the following veto message to the Senate to-
day:
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
lection to its 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
Sections 20, 2l-Whenever an election, at
which Representatives or delegates in Congress
| are to be chosen, is held in any city OF town
of 20 900 inhabitants or upwards, the marshal
for the district in which the city or town is
situated, shall. on application in writing 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 supervisors of cleo
ton in verihcation of any list of persons who
may have registered or voted, to attend in
each election district Or voting precinct at
| times and places when and where registration
may by law be scrutinized, and names reg
istered, votes be marked for challenge, and also
attend at all times for holding elections the
polls in such district or precinct.
Section 2O22-The marshal and his general
deputies shall keep peace and support and pro-
tect the supervisors of election in the discharge
OF their duties, preserve order at such places
of registration, and at such polls prevent fraud
ulent registration and fraudulent voting there
- Ill
officer Of election, and Immediately, at
the place of registration or polling place or
elsewhere and either before or after registering
or voting, to arrest and take into custody, with
or without process, any person who commits
or attempts or offers to commit acts or offenses
prohibited herein or who commits an offense
against the laws of the United States.
But no person shall be arrested without pro-
cess for any ofense not committed in the pres
ence OF the marshal or his general or special
deputies, or either of them, or of the super
vlsors of elections or either of them. And for
purposes of arrest or preservation of the peace
the supervisors of election shall in the absence
of the marshals and deputies, or if required to
assist such deputies, have the same duties and
powers as deputy marshal; Nor shall any
person on the day of such election be arrested
without process for any ofense committed on
the day of registration.
Section 2022. Whenever any arrest is made
under any provision of this title, the person 80
arrested shall forthwith be brought before a
commissioner, judge, or court of the United
States for examination of Offenses alleged, and
such commissioner, Judge or court shall proceed
in respect thereto as authorized by law in case
of crime against the United States.
Section No. 1924. The marshal or his deputies,
or such special deputies as are thereto specially
empowered by him in writing, and under his
hand and seal, whenever or either or any of
them is forcibly resisted in executing their
a s5s bv under To,enos this tb1 ts1s
menaces be prevented from executing such du-
ties, or from arresting any person who has
committed any offense for which the marshal
or his general or special deputies are authorized
to make such arrests, are and each of them
empowered to summon and call to his aid by
ISLANDERS, or posse comitatus of his district
Sec. 202S-No person shall be appointed a
supervisor of election, or deputy marshal under
the proceeding provisions who is not at the
time of his appointment a qualified voter of
the city, town, county, parish, election dis
trict or voting precinct in which his duties are
to be performed. If any person be appointed
supervisor of election or special
deputy marshal under the provisions of this
act, and has taken the oath of office as such SUI
pervisor of election, or such special deputy
marshal, and thereafter neglects or refuses
without good and lawful excuse to perform
and discharge fully the duties,
obligations and requirements of such
Office until expiration of the term for which he
was appointed, he shall not only be subject to
removal from Office with loss of all
pay and emoluments, but he shall
than six months or more than one year, or by
fine not less than TWO hundred and not more
than five hundred dollars, or by both fine and
imprisonment and shall pay the costs of pros
ecution.
Sec. 5,622-Every person, whether with or
without any authority, power or process, or
pretended authority, power or process of any
State or Territory, or municipality, who OBJ
structs, binders, assaults or by brides or other
wise interferes with or prevents supervisors of
elections, or either of them the marshal or his
general or the special deputies, or either of
them in the performance of any duty required
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
means before mentioned, hinders or
prevents free attendance or presence
at such places of registration or at such polls
of election, or in going to and from ssuch place
of registration or poll of election, and from
any room where any such place of registration
or place of election or canvass of votes, or if
making any returns or certificates thereof, may
be had, or who molests, influences with, or
elects from any such place of registration, or
poll of election, or of canvassing votes cast
thereat, or of making returns or certificates
thereof, any supervisor of election, the mar
shall, or his general or special deputies, or
either of them, or who threatens, or attempts
or offers so to do, 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 as
sistance, shall be liable to instant arrest with
out process and shall be punished by imprison.
ment not moro than two years, or by fine of
not more than SO 1000, or by both such fine and
imprisonment, and shall pay the cost of prose-
cution.
THE SUPREME COURT.
The supreme court of the United States, in
the recent case of ex parte Siebolt and! others,
decided at the October term, 1879, on the ques-
tion raised in the case as to the constitution
atty of the sections of the revised statutes
above quoted, uses the following language:
''These portions of the revised statutes are
taken from the act commonly known az the en-.
forcement act, approved May 31st, 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 the supplement to that act approved
February 28th, 1871. They relate to the cleo
| ton Of members of the House of Representa-