Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-03-13
Special Correspondence Of he Ledger

W Aohi&NNAONf ~ ~ NA0Akh -
To-day the United States supreme
court rendered a decision in the case
of Albert SieboId, Henry Bowers,
Martin G. Burns, Walter Tucker and
Lewis Coleman, election judges Of the
state Of Maryland, who, having been
indicted, tried and convicted in the
United States circuit court Of Mary
land, at the November term, 1878.
upon the charge Of doing an act un-
authorized by state or United States
laws" and for resisting federal cleo
tion supervisors and deputy marshals,
were sent TO Jail for one year each.
From this Judgment, sentence and
Imprisonment, the parties, who were
state judges Of election in Baltimore,
petitiOned for release on habeas corpus
and eertiOrari, in order to bring their
cases before the supreme court, on the
ground that the statutes under which
they were indicted -geheraIIy known
as the federal election laws, sections
55l5 and 1922, revised statutes-are
unconstitutional and void. Judge
Bradley, after disposing of the juris
diction of the court, which had been
raised by the government, affirmed the
constitutionality of the law, part Of
the enforcement act Of May3l, 1870,
and the supplement of February,
1871. According to Judge Bradley
opinion 10 this case, embodying the
views Of six out of The eight judge
on the bench, the Uunited Ststes
circuit courts have jurisdiction under
these laws and a conviction and
sentence, is held to be lawful cause OF
Imprisonment from which thi,
(sapreme) court has no power to re-
lieve gu habeas corpus. The opinion
goes on TO state hat in making regu-
lations for the election of representa-
tives it is not necessary that congress.
should assume entire control, as
claimed by petitioners. By virtue OF
the constitution, which directs the
prescription Of the time, manner aud
place of holding such elections to be
BY the legislature, congress is en-
powered to change these at any time,
and may, by the supervising power
over the subject thus given, either
make entirely new regulations or add
to, alter or modify the regulation,
made by the state. In the exercise Of
such supervisory power congress may
impose new duties on the officers o.
election or additional penalties fol
breach Of duty or for the preparation
Of fraud or provide officers to pre-
vent frauds, and see that the election
are fairly and legally conducted. TIL.
exercise Of such power can properl
cause no collision Of regulations o
jurisdiction, because the authority O
congress is paramount over the subjec
anda any regulations it may make neces
sarily supersede inconsistent ones b
the state.
There is held to be nothing in stat
sovereignty to preclude its ,o-opera
ton with the federal government i
the election of Representatives. Cor
gress has power, by the constitution
- vest in the circuit court the al
pointment Of supervisors Of election
by tho clause declaring that it "ma
by the law vest the appointment
such inferior officers as they thin
proper in the president alone, in Il
courts Of law, or in the heads Of d
partments," which, as question
propriety, the appointment Of Office
whose duties appertain TO one depar
M ant ought not TO be lodged in a
other. The provision which autho
ICES deputy marshals to keep Il
peace, is held to be constitutions
upon the ground that the nation
government can compel obedience
its laws anywhere. The concurrel
ia isdiction conferred is distinct
tie control congress has over the di
trict of Columbia, etc. The rover