River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1880-06-24

and if forchly resisted may call to their aid the
by-standers or a Pcsse coaitctis. 1t Is made
crime punishable by fine or imprisonment TO him
der. assault or otherwise interfere with the mar
shal or his special deputies or to threaten or at
tempt to do SO. III any person appointed such
special deputy marshal has taken the oath of of
flee, and thereafter negects Or refuses 10 fully dis
charge the duties of such othee, he is punishable
not only by removal from office but by fine and
Imprisonment. The functions of special deputy
marshals now provided for by law being executive,
they are placed under the authority of well
known chief executive officer Of the courts Of the
United States. They are in fact, not merely in
name, the deputies OF the marshal and he and his
bondsmen responsible for them. civil force
for the execution of the law is thus instituted in
accordance with long established and familiar
usage which is simple, effective and under q res
p1lSible head.
The necessity for possession of the powers by
appropriate officers will not be called in question
by intelligent citizens who appreciate the import
anee Of peaceable orderly and lawful elections
Similar powers are conferred and
ExERcIsED UNDER THESE LAWS
with respect 10 state elections. The executive
officers of the United States under existing laws
have no other or greater power to supervise and
control the conduct Of congressional elections than
state executive officers exercise in regard 10 state
elections.
The bill before me changes completely the pres
ent law by substituting for special deputy mar
shals of the existing statutes new officers
hitherto unknown TO law and who lack the power,
responsibility and protection as executive officers
The bill under consideration is as follows:
Be it enacted, by the senate and house of repre-
sentatiyes of the United States of America in con-
grees assembled, That from and after the passage
of this act the pay Of all deputy marshals for
Yiees in reference to any election shall be 50 for
each day of actual service, and no more.
Sec. ?. That all deputy marshals TO serve in ref
erenee to any election shall be appointed BY the
circuit court of the United States, for the district
in which such narshals are to perform their duty
in each year and judges of the several circuit
courts OF the United States hereby authorized
to
OPEN THEIR RESPECTIVE COURTS
at any time for that purpose; and in case circuit
courts shall not be open for that purpose at least
ben days prior to registration # there be one, or
days before election the judges of district courts
of the United States nre hereby re
speotively authorized to cause their courts to be
opened for the purpose Of appointing such deputy
marshals, who shall be appointed by said district
courts, and the officers SO appointed shall be in
equal numbers from different political parties, and
shall be well known citizens, of good moral char
aeter and actual residents CT the voting precincts
In which their duties are to be performed and
shall not be candidates for office such elections;
and all laws and parts Of laws inconsistent with
this act are HEREBY repealed. Provided, that mar
shals Of the United States for whom deputies
shall be appointed by the court under this act
shall be liable for any acts of such deputies"
1t VIII be observed that deputy marshels pro-
posed by the bll before me
DISTINCTLY DIFFERENT OFFICERS
from special deputies of the marshal as such off,
GERS are now provided for the statutes. This Il
does not connect the new officers with the eXistT <
laws relating to special deputy Inarshals so to
invest the proposed deputy marshas with Il e
same powers, to impose upon them the same duties
and to give them the same protection by means f
CRIMINAL laws w hen new officers are created, dir
tinct in character and appointed by different
thorty, although similar in name to the Office .
already provided for, such new officers are not
held by similar responsibility to the criminal law,
do not possess the same powers and are not sim
larry protected unless it is expressly so provided
by legislation. The so-called deputy marshals
provided for in this bill will have no executive
head. The marshal can neither appoint nor re-
move them. He cannot control them, and he is
not responsible for them. They will have no au-
thority to call to their aid if resisted, the posse
conlitat,s. They are protected by criminal
statutes in the performance of their duties An
assault upon one of these deputies, with intent %
prevent lawful election, will be no more than an
ordinary
ASSAULT UPON ANY OTHER CITIZEN,
They cannot keep the peace. They cannot make
arrests when crimes are committed IN their pres
ence. What powers they have confined to the
precincts for which they were appointed the dep
uty marshals of this bill cannot keep the peace,
make arrests, hold prisoners take prisoners before
u proper tribunal for hearing, nor perform any
other duty. No oaths of Office are required of
them, and they give no bond. They have no
superior who is responsible for them and they are
not punishable for neglect of duty misconduct in
office.
In all these respects this bill makes radical
change between the powers of United States OH
GERS at national elections and the powers uniform
gta
elections. This discrimination against the author
| ity of the United States is a departure from the
usage of the government established by precedent
beginning with the earliest statutes the subject,
and violates the true principles Of the constitution.
The supreme court in the decis already referred
to, says: 1T is argued that the preservation Of
peace and good order in society is not within the
powers eonfded to the government Of the United
States, but belongs exclusively to the States.
Here, again. we are met with the theory that the
government of the United States does not rect up
on the soil and territory of the country. We think
that this theory is founded on an entire
MIsooScEPTIoN OF THE NATURE
and powers of that government. We hold it to
be law incontroyertible principle that the govern
ment of the United States may by means OF physl-
cal force exercise through its official agents and
execute every foot of American soil the powers
and functions that belong to it."
This necessarily involves power to command
obedience to its laws and hence power TO keep the
or it is no government. II must execute on land
as well as on sea, on things well on persons,
and to do this it must necessarily have power to
command obedience, preserve order and to keep
peace; and no person of power in this land has
peace to that extent. This power to enforce its
laws and execute its functions in all places does
not derogate from the power of the state to ex-
eoute its laws at the same time and in the same
place. The one does not execute the other, ex-
eent where both cannot be executed at the same
time. In that the words of tho constitution it
self show which is to yield. This constitution and
all laws which shall be made in pursuance thereof
shall be supreme laws of the land
In conclusion, it is proper to say that no Objec-
tion would be made to the appointment of officers
TO act with reference to elections by the courts OF
the United States, and that / am in favor of APP
pointing officers to supervise and protect the sec
Hons without regard TO party. Bat the bill be-
fore me, while it recognizes the power and duty
of the United States, and to provide officers TO
guard aud scrutnize Congressional districts fails
10 adapt its provisions to existing laws to
secure efficient supervision and protection. 1t is
therefore returned 10 the senate where 1t original
ed, for that further consideration which it con-
templated by the constitution
(Signed) RUTHERFORD u. HAYES.
Exaeutive Mansion 9Th June 1890