Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1880-06-24

mount authority and obligation. This is the
fundamental principle which the authority Of
the constitution is based and unless it be conceded
III practice as well as on theory, the fabric of cur
constitution was contemplated by its founders
cannot stand.
The questions involved have respect not more 10
autonomy and existence of states than to a con-
tlnued existence of the United States govern
rlent to which every American citizen may look
for security and protection in every part of the
land. Why do we have marshals at all if they
cannot physically lay hand on persons and thins'
in the performance of their proper duties! what
functions can they perform If they cannot use
force in executing the process OF courts! Must
they call the nearest court for projections Must
they rely on him TO use requisite compulson and
to keep the peace while they soliciting and en-
treating the parties and bystanders to allow the law
to take its course? This is
NECESSARY CONSEQUENCE
of the position assumed If we indulge in such
impracticable views these and keep on re- fnins
and refining, we shall draw the national govern
mcnt out of the United States and delegate it to
the District of Columbia, or perhaps to some for
cign soil. We shall bring it back to a condition
OF greater helpleSSneSS than that of the old con-
federation. The idea is based on the starved and
impracticable view of nature and powers of the
national government. 1t must execute the powers
the right to resist question its authority so long
as it keeps within the bounds of its jurisdiction.
have deemed it fitting and proper to quote
thus largely from an important and elaborate
opinion of the supreme court because the bill be-
fore me proceeds upon the construction of the con-
StitutiOn as to the powers of the national govern
ment, which is in direct conflict with the judgment
of the highest judicial tribunal of our country.
Under sections of the present law above quoted,
officers of the United States are authorized and il
is their duty in case of congressional elections to
keep the peace at the polls and place of regstra-
ton, to arrest Immediately any person who is
guilty of crime against the United States election
laws, and to
PROTECT ALL OFFICERS OF ELECTION
in the performance of their duties, and whenever
an arrest is made to bring the person so arrested
before commissioner, judge or court of the United
States for examination of offenses alleged against
him. Such special deputy marshals are specially
empowered thereto by the marshals in writing,
and if forcibly resisted may call to their aid the
by-standers or posse conaitotus. 1t is made
crime punishable by fine or Imprisonment to him
der. assault or otherwise interfere with the mar
shall or his special deputies, to threaten at
tempt to do so. If any person appointed such
special deputy marshal has taken the oath of of
fce and thereafter neglects refuses to fully dis
charge the duties of such Office, 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 a well
known chief executive officer of the courts of the
United States. They in fact, not merely is
name the deputies of the marshal, and he and his
bondsmen are responsible for them. A civil forcc
for the execution of the law is thus instituted i'll
accordance with long established and familiar
usage which is simple, effective and under a res
ponsible head.
The necessity for a possession of the powers by
appropriate officers will not be called in question
by intelligent citizens who appreciate tho import
ance of peaceable, orderly and lawful elections
Similar powers are conferred and
EXERCISED UNDER THESE LAWS
with respect to 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 to stat.
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-
sentatives of the United States of America in con-
gress assembled, That from and after the passage
of this act the pay of all deputy marshals for
vices in reference to any election shall be IS for
each day of actual service, and no more.
Sec. 2. That all deputy marshals to serve in ref
erence to any election shall be appointed by the
circuit court of the United States for the district
in which such Inarshals are to perform their duty
in each year. and judges of the several circuit
courts of the United States are 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
ten days prior to registration, # there be one
If no registration be required then at least ten
days before election, the judges of district courts
of the United States are hereby re
spectivey 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
SHAH be well known citizens, of good moral char
acter and actual residents of the voting precincts
in which their duties are to be performed, and
shall not be candidates for Office at such elections;
and all laws and parts of laws inconsistent with
this act are hereby repealed. Provided, thai mar
shas OF the United States for whom deputies
shall be appointed by the court under this act
shall not be liable for any acts of such deputies"
1t win be observed that deputy marshals pro-
posed by the bill before me are
DISTINCTLY DIFFERENT OFFICERS
from special deputies of the marshal as such off,
GERS are now provided for the statutes This bill
does not connect the officers with the existing
laws relating to special deputy marshals so as 10
invest the proposed deputy marShas with tie
same powers, to impose upon them the same duties
and to give them the same protection by means #
criminal laws. When new officers are created dii-
tinct in character and appointed by different aU-
thority, although similar in name to the officers
already provided for, such officers are net
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-caled deputy lnarshals
provided for in this bill will have no executive
head. The marshal can neither appoint nor re-
move them. lie 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
con,aatus. They are protected by no criminal
statutes in the performance of their duties. An
prevent lawful election, will be no more than an
ordinary
ASSAULT UPoE ANY OTHER CITIZEN,
They cannot keer the peace. They cannot make
arrests when crimes are committed IN their pres
ence. What powers they have confined to the
precincts Tor v hich they were appointed; the dep
uty marshaH or this Dill cannot keep the peace,
make arrests hold prisoners, take prisoners before
a 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
not punishable for neglect of duty or misconduct in
Office.
In all these respects this bill makes radical
change between the powers of United States Off
GERS at national elections and the powers uniform
y possessed and exercised by state officers at state
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 ON the subject,
and violates the true principles Of the constitution
The supreme court in the decision already referred
to, says: 1T is argued that the preservation of
peace and good order in society is not within the
powers conhded 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 rest up
on the soil and territory Of the country. We think