The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1880-03-25
Political.
THR SUPREME COURT AND THE
ELECTION LAWS.

Important ueClblOub WeIo A0hu0AD" "
the Supreme Court on the 8'h inst. in
cases involving the constitutionality OF
the law providing for Supervisors Of
Elections. The fret case wac, "Ex part,
Albert Siebold ct al. Petitions for writs
ofhabeas corpus and csrtiOrari." We quote
from the Associated Press report:
The petitioners in this case were
Judges OF Election in the city of Balti-
more. They appointed by author.
ity Of State law, and discharged the du.
ties as such Judges at an election OF
Representatives to Congress, November
9th, 1873. Under sections bib and 5,622,
revised statutes, they we're indicted i'll
the Circuit Court of the United States
for the District of Maryland, on the
charge of interfering with and resisting
Supervisors of election and Deputy Mar
shals of the United States while the lat.
ter were engaged in the performance Of
their duties at said election. Upon this
charge they were tried, convicted, and
sentenced to imprisonment. They there
upon appealed to this court with q peti'
tion for writs Of habedS corpus and certao
ran, upon the ground that the statutes
under which they we're Hied and con-
victed are unconstitutional and void.-
This court, in careful and elaborate
opinion by Justice Bradley, holds, first,
that the question of the cohstitutionality
Of said laws is good ground for this
court to issue writ of habeas corpus to
inquire into the legality of imprison'
ment under such conviction, and If the
laws are Unconstitutional the prisoners
should be discharged.
The other case was "Exparte, Angus
tus F. Clarke, petitioner" This was a
petition for discharge upon writ OF ha'
beas corpus. Clarke, petitioner, says the
report
was election Judge in Cincinnati, duly
appointed under the laws OF the State,
and acted as such Judge at the Congress
asional election October 9th, 1873. He
was indicted in the United States Court
under section 5515, revised statutes, for
official misdemeanor, viz: A violation
of the laws of Ohio in not conveying the
ballot box, after it had been sealed up
and delivered to him for that purpose,to
the County Clerk, and in allowing 1t to
be broken open. Upon this indictment
he was tried, convicted and sentenced
to imprisonment. He now petitions this
court for discharge upon writ of hdbeaS
corpus granted by Justice Strong at
chambers, in August, 1879 The grounds
for the application are that the Circuit
Court has no jurisdiction, and that the
statutes under which the petitioner was
convicted are unconstitutional. This
court holds that Congress had full power
to pass the law under which the convic.
tion was had and that the United States
Circuit Court had jurisdiction of the
offense,
Justice Bradley also delivered the
opinion in this case. We need not give
the elaborate particulars of these opin-
ions. Suffice it to say they fully sustain
the constitutionality and rightfulness of
the Federal Supervisors law.
Justice Field delivered dissenting
opinion covering both Federal election
law cases and was Concurred in by JUS
tiCe Clifford. He maintains that the
United States Circuit Court never had
the jurisdiction to try the prisoner
Clarke for the alleged offense for which
he was convicted: First, because it is
not competent for Congress to punish q
State officer for the manner in which he
discharges the duties imposed upon
him by the laws of the State; and second,
because it is not competent for Con-
gress to delegate any portion of it's leg.
islative power to States. The report
says:
In support of the first position he
maintains that although Congress may
adopt law of State, the adopted law
must be enforced as q law of the United
States In the present case there is no
pretense Of such adoption. 1t is for vio'
lation of State law, not law of the
United States, chat punishment is pre-.
scribed, and the judicial power of the
United States does not extend to case
of that kind. 1t extends only to "caset
in law and equity arising under the Con
stifution and laws of the United States,
and to certain other cases which the
Constitution enumerates. 1t may be ap
piled to new cases as they arise under
the Constitution and laws Of the United
States, but it cannet be enlarged by
Congress 80 as to embrace cases MOI
enumerated in the Constitution. This
limitation of Congressional power would
seem to be conclusive of the present
case, but he argues that there is another
view of the subject which is equally
conclusive against the jurisdiction o.
Federal Courts. The act of Congress as
serts power inconsistent wiAh and de
structive of the independence of the
State in matters over which their au
thority has never been surrendered. i
the Federal Government can punish 8
violation Of the law of State, it may al
30 punish obedience to them and gradu'
ated punishment according to its own
judgment of their propriety and wisdom
1t may thus exercise supervision over
the legislation of States subversive of all
their reserved powers. If the Federal
Government have this power the States
are not independent, the Tenth A mend
ment is delusion, and States may al
any time be degraded to the level of mu-
niCipal corporations existing at the will
of Congress.
But he argues that this doctrine that
the United States may interfere with
States regulation of elections trenches
upon the rights Of the States in still an
other way. tits admitted that the Fed
eral Government has no power to inter
fere with the selection of State officers,ol
with the registration of voters for such
elections, and yet the supervision and
interference sanctioned by act Of Con
gress when the representatives of thai
body are to be voted for, amount practi
Cally to supervision Of and interference
with the election of State officers, ant
constitute a plain enCroaChment upor
State rights. After some further remarks
upon the character of rallegisatior
since the war, and its bearing upon thu
reserved rights Of States, Justice FielC
says in substance, that until the recen
decisions in the Virginia cases we're rem
0arpd ha nOuld NOT harya haliauad tha