Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1880-03-25
A Strong Judicial Protest.

VINO UPHELD THE RIGHT OF FED
ERAL COURTS TO TRY STATE
OFFICERS FOR oFFESsEs
AGAINST STATE
LAWS.
In the matter of Augustus +. Clarke,
retitiouer from Ohio; and in the mat.
Ter OF Siebold, Tucker, Burns, Coleman
and Bowers, petitioners from Maryland,
upon petitions for writ OF habeas corpus.
a majority opinion having been read,
Mr. Justice Field dissented and OBJ.
served: | cannot assent to the decision
of the majority of the Court in these
cases. and | will state the reasons of my
dissent. One of the six petitioners is a
citizen Of Ohio and the other five are
citizens of Maryland. They all seek
discharge from imprisonment imposed
bv judgments of Federal courts for al
legged official misconduct as judges OF
election in their respective States. At
an election held in the First Congress.
ional District of Ohio in October, 1878,
at which Representative in Congress
was voted for, the petioner from that
State was appointed under its laws and
acted as a Judge of Election at pre-.
cinct in one of the wards of the city of
Cincinnati. At an election held in the
Fourth and Fifth Congressional districts
of Maryland in November, 1878. at
which Representative in Congress was
voted for, the petitioners from that
State were appointed under its laws and
acted as judges of election at different
precincts in the wards of the city of
Baltimore. For alleged misconduct as
such officers Of election the petitioners
were indicted in the Circuit courts OF
the United States for their respective
districts, tried, convicted and sentenced
to Imprisonment for twelve months, and,
in some OF the cases, also to pay fine.
The act of Congress upon which the
Indictment of the petitioner from Ohio
was founded is contained in section S.
SIS of the Revised Statutes, which de.
clares that "every officer of an election
at which any Rep sentative or Dele
gate in Congress is voted for, whether
such officer of election be appointed or
created by or under any law or authori.
ty OF the United States. or by or under
any State, Territorial, District or mum.
cipal law or authority, who neglects or
refuses to perform any duty in regard
to such election required of him by any
law of the United States or OF any State
or Territory thereof. or who violates
any duty 50 imposed, CT who knowing.
ly does any acts thereby unauthorized
with intent to affect any such election
or the result thereof, shall be
punished as prescribed" in a previous
section, that is, by fine not exceeding
$1,000, or imprisonment not more than
one year, or by both. The first count
of the indictment charges unlawful neg
lect on the part of the accused TO per.
form duty required of him by the laws
Of the State, in not carrying TO the
Clerk of the Court of Common Pleas one
of the poll. books of the election, covered
and sealed by the judges of election
with which he was intrusted by them
for that purpose. The second count
charges the violation of a duty required
of him by the laws of the State in per.
hitting one of the poll books, covered
and sealed, intrusted to him by the
judges of election to carry to the Clerk
of the Common Pleas. to be broken
open before he conveyed it to that offi
Ger. The law OF Ohio, to which refer.
ence is had in the Indictment, provides
that after the votes at an election are
canvassed "the judges, before they
disperse, shall put under cover one of
the poll.books, seal the same ana direct
it to the Clerk of the Court of Common
Pleas of the county wherein the return
is to be made and the poll thus
sealed and directed shall be conveyed
by one OF the judges to be determined
by lot If they cannot agree otherwisel
to the Clerk of the Court of Common
Please of the county at his Office within
two days from the day of the election"
The provisions of the act OF Congress
relating to the appointment Of super.
visors of election, the powers with which
they are intrusled and the aid TO be
rendered them by marshals and special
deputy msrshals, for resisting and in.
terfering with whom the petitioners
from Maryland have been condemned
and are imprisoned, authorize the su.
peryisors to supervise the action of the
State officers from the registration of
voters down to the close OF the polls on
the day of election require the mar.
shals to aid and protect them, and pro-
vide for the appointment of special
deputy marshals in towns and cities of
over twenty thousand inhabitants; and
they invest those Federal officers with
power to arrest and take into custody
persons without process more extended
than has ever before in our country in
time OF peace been intrusted to any one.
In what have to say shall eudeavor
10 show First, that is not competent
ior Congress to punish q State officer
Tor the manner in which he discharges
duties imposed upon him by the laws
oil the State, or to subject him in the
performance Of such duties TO the su.
pervision and control of others and
punish him for resisting their interfer.
encei and second, that IL is not compe.
tent for Congress to make the exercise
OF ITS punitive power dependent upon
the legislation of the States.
There is no doubt that Congress may
ADOPT law OF State, but in that case
the A0Ontal lau sxzuaf l.a an lnFnad n