The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1882-12-14
The Law of the Case.


from the Hastings bench of Richmond. in
the election cases and as to the powers of the
State and Federal Courts, In national cleo
tions, exposes himself to the ridicule of the
country. 1t is not necessary tocite author
tiles to show that Congress has the undis-
puted right to regulate elections for
Congressman. That is a fact so univer-
sally recognized that it! needs no expla-
nation. Judge Christian confounds cleo
tions for State officers with the selec-
ton of congressman and misapplies the
law by reason of this confusion. Before
the matters In. controversy are concluded
the proper Interpretation OF the statutes
will be given, and this last attempt to as
sert the supremacy Of State over national
authority effectually disposed of.
Referring to this subject, the Wing of tire
llth quotes the decision. of the Supreme
Court in similar case. 1t says:
In en- porte Siebold, reported in 10th Otto
that court has cruelty extinguished every
proposition contended for by Judge Christian
This case arose out of q Federal election. It
is, therefore, precisely the case to rule in the
prosecutions now on foot in the Federal Court
here. j., ,,,,r,.,,.'..,...-...
Amongst other things, the court held 1--WE
haye itaicsed a significant eXpressioB):
6. Congress had power, by the Consti, ution
to enact section 5515 of the Revised Statutes,
which makes it penal otfense against the
United States for any officer OF election, at an
election held for Representative in Congress,
to neglect to perform, or to violate, any duty
in regard to such election, whether required
by a law of the State or of the United States
or knowingly to do any act unauthorized by
anyssuch law, with intent to affect such cleo
ton, or to make fraudulent certificate of the
result, SC; and section 5522, which makes it,
penal otfense for any officer or other person,
with or without process, TO obstruct, hinder,
bride, or interfere with supervisor of elec-
ton, or marshal, or deputy marshal, in the
performance of any duty reqairedef them by
any law of the United States, or TO prevent
their free attendance at the places ofregistra-
ton or election, Dc; also, sections 2O11, 2012
2O16, 2017, 2021, 2022 title XVI, which au-
| thorlze the Circuit Courts to appoint super
ivisorsV of such elections, and the marshal to
appoint special deputies to aid and assist them,
and which prescribe the duties of such super
visors and deputy marshals-these being the
laws provided in the Enforcement Act OF May
81, 1870, and the supplement thereto of Feb
ruary %, 1871, for supervising the elections Of
Representatives. and for preventing frauds
| therein. t4t.J@la q ~
| 8. In making regulations for the election of
Representatives, it is not necessary that Con
gress should assume entire and exclusive con-
troll thereof. By virtue of that clause of the
| Constitution which declares that 'sthe times
places, and manner of holding elections for
Senators and Representatives shall be pre-
scribed In each Stately the Legislature thereof
but the Congress may at any time, by law,
make or alter such regulations, except as to
the place of choosing Senators Congress
has q supervisory power over the subject, and
may either make entirely new regulations, or
add to, alter, or modify the regulations made
by the State.
8. In the exercise of such supervisory power
Congress may impose new duties on the Off
GERS of election, or additional penalties for
breach Of duty" or for the preparation of
fraud; or provide for the attendance of officers
! to prevent frauds and see that the elections
are legally and fairly conducted
H. THERE'S nothing in the relation of the
State and the National sovereignties to pre-
clude the cooperation of both in the matter
of elections of Representatives,. If both were
equal in authority over the subject, collisions
of jurisdiction might ensue but the authority
ofthe National Government being paramount,
collisions can only occur faVha a1ltolfnded jeol-
@ousy Of such aa,teority.' q .sll9a1 5.iG..s x
IA. The provisions adopted for compelling
the State officers of election to observe the
State laws regulating elections of Representa-
tves, not altered by Congress, are within the
supervisory powers of Congress over such
elections, The duties to be performed in this
behalf are owed to the United States, as well
as to the State; and their violation is an Of
tense against the United States, which Con-
gress may rightfully inhibit and punish. THIS
aecessCttsly tolous aout tie direct interest aohacA
the National Goeefnaaeat las IN The due election
Of ats Rep'esentattc and taont the poaoer aohsch
Me Constitution grest to Congress ooe, tsss portic-
ular subject. '7s < -'5