Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-05-21
FORTY-SIXTH CONGRESS.

of claims under act Of March 8, 1871, and acts
amendatory thereof. Placed on the calendar,
and Mr.. Cockrel will call it up as soon as posi-
BILE.
Mr.. Cockren, from the committee on military
af1airs, reported adversely on Senate bill to reg
ulate promotion and fix the rank of line OF Of
f1cers In the army. Indefinitely postponed.
Mr.. Bayard moved to postpone the calendar
and take up the marshals bill For reasons
he was extremely anxious to leave the city to-
day and wished to haye the measure disposed
OF If possible before he was obliged TO leave.
The motion was agreed to. The pending ques-
t1on being on Conklings amendment to insert
the words appropriated only, so the bill would
refer to deputy marshals appointed only" to
serve in connection with an election it was
rejected by party vote.
Mr.. Hoar moved to strike out the words sin
equal numbers from the different political par
ties" ana insert the words. "solely with refer
ence TO their fitness for their duties, without
regard to their political opinions" He regarded
the former provision as fraught with danger.
II for the first time recognized political faith
qualification for public office. Officers sworn
TO execute the laws for the whole people should
be selected for their fitness for that purpose
not for political reasons. The bill was further
Objectionable as providing for too many depu-
ties. There might be half dozen political par
ties, every one Of which must have deputy.
1t obliged the courts to consider, inquire into
and recognize political differences. He pro
nounCed the principle advocated by the Senator
from Delaware one OF the most dangerous ever
upheld in this country.
The amendment was rejected by a party vote
Mf. Mcmillan moved to add TO the bill pro-
visO that the marShalS OF the United States, for
whom deputies shall be appointed by the court
under this act, shall not be liable for any of the
acts Of such deputies.
/ Mr.. Bayard saw nothing unreasonable in this
proposition, and acceptedit.
The amendment was agreed to.
Mr.. EdmundS said the amendment offered by
the senator from Minnesota and accepted by the
majority illustrated the meaning of the bill,
namely: Either to have no special deputies ap-
pointed at all, or to have them appointed beyond
the control of the executive officers, and to
have them act uncontrolled by any one
other. The result would be several depu-
ties, Of different parties, all practically mar
shals in chief. disturbance occurs.
some one as breaking the law The democrat man
steps up and says, this friend of mine is not dis
turhing the peace: No: sides with No. l. NJ.
very pretty row among United States officers,
each having full power under the laws, and un-
controlled by any body. There was no provis
ion as to when the term OF Office of these depu-
ties shall end. I'm reference to any election
might mean as long as any questions grew out
OF that election. True, appointments were to be
made by the courts every year, but it was not
They might go On accumulating year after year.
at s. per day. This might be democratic
economy. In city, voting precincts filled the
get him to the station house without crossing the
line OF some other deputies jur5dlc-
ton, and thereby losing his power over
General marShals would have no power to arrest
anywhere in the city. He wished the people TO
understand that this bill introduced the theory.
not that in deliberate assemblies tellers of dir
ferent parties should supervise legislation but
that executive officers, executing the power OF
the law, as distinguished from the deliberative
action OF the people, should Oe selected for and
obliged to mix up in their proceedings their
political views. And further, these particular
peace officers were emancipated from obedience
to the regularly constituted peace officers and
were appointed by the judicial branch of tha
government In violation or the theory OF Sepa-
rate functions for the different departments OF
the government. He read the bill reported b.
MIR. Bayard some time ago, providing that
supervisors OF election shall be appointed by the
President from the electors OF the various dis
tr1ctS by and with the advice OF the Senate. He
thought the object OF this was to escape the
possibility that supervision might prevent un-
fairness, under the present law, which provides
for appointment OF supervisors-onef from each
or the TWO principal parties. The object was to
get the appointment into the control of the Sen
ate, so that both supervisors should be demo
Gratis. He commented upon the Inconsistency
OF the Judiciary committee In saying
In that bill that parties should not be recog.
nized and In then reporting this bill recognizing
parties in appointing executive officers. The
object was to paralyZe the election laws as far
as possible. They could not provide for giving
the full control OF the appointment of peace
officers to the Senate, which would make them
all democratic, SO they would at least secure the
appointment OF some democrats at the same
time making such provisions as would prevent
the execution of the laws guaranteeing protec-
tOn at elections against the actions of bad men,
1t had been said on the other side that the cleo
ton laws conferred excessive and extraordinary
powers. He read from the statutes Of Delaware
and Ohio. and thought he could find in the stat
utes OF nearly all the states provisions authori-
zng arrest without process on election
day, etc: He hoped therefore that .hat
by the Senator's from those states.
In further remarks he said he saw nothing in
the bill providing that these duput1es Should
have the power now conferred on special depu-
ties. He would propose an amendment to test
this question. 1t would not be forgotten that
this same Judiciary committee had reported a
OH preventing the arrest by United States
officers on election day OF election officers act
Ing under the laws OF state Yet the states
all had laws authorizing sheriffS to arrest on
elecllon day just as much as on any other day
The idea was that the United States was not to
nave the power to preserve peace. though the
states were One or the other of these practices
must be wrong. Either these laws OF demo-
cratic states were bad, or this law of demo
cratic committee was wrong. The Sheriff
could drag from his place the election officers
Stufnng, or charged with Stuffing the ballot
n0x, but the United States marshal could not
He commented upon the Inconsistency III
Volved, and the lack OF definite theories of leg,
lSlatiOn thus shown by the majority. At the
suggestion Of Mr.. Conklng he alsoincorporated
ably by MI. Bayard, prohibiting arrest by
marshalS Oh election day without legal process
Hc leSdI ucu tIilS DIS lue COmpleUOQ OF the at
tempt to make the election laws imperative. In
the hope OF making the bill really mean what
It's supporters said 1t meant, he offered all
amendment striking out the clause regarding
lhe conVen1ng OF courts, to appoint dep
ut1eS, and Inserting Ito be opened and held
In the same manner. and on the application of
cen or more citizens OF good standing, as is pro
Vlded In section 2,011 r. s.; such number OF
marshals may be appointed as the court may
deem necessary; such court and Its judges shall
IN respect OF appointment of such marshals
nave all the powers named in sections 2.O13
2,0l4 and 2,O15 r. S.; such deputy marshals shall
De, like other deputy marshals, under the orders
and control OF The marshal OF the district In
Which the appointment Is made, and may be
removed by him; such deputy marShalls shall
nave all and the same powers now lawfully
possessed by other deputy marshals, and all
the powers conferred on the marshal and his
deputies by title 26 r. S." This would obviate
Ihe objections pointed out In his remarks
Inc amendment was rejected by party vote
Ihe DILL was read th1ld time and passed by
amended by Omitting the words special
Mr.. Mcpherson, from the committee on naya,
affairs, reported favorably on the House bill to
provide construction fund for the navy and
for other purposes. Placed on the calendar
Also, adversely On House bill to establish
upon permanent footing the professorships of
modern languages and drawing at the &. S
naval academy. Indefinitely postponed
On motion of Mr.. Gordon, the Committee on
commerce was given leave to sit during the
sessions of the Senate.
On motion Of MI. Morgan, the resolution pro
Vld1ng Joint rule for counting the elactnreI