The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-10-31
OFFICE OF DEMOCRATIC EXECUTIVE Com
MITTEE FOR THE SECOND CONGRESSIONAL.
DISTRICT OF FLORIDA.

DISTRICT OF FLORIDA,
JACKSONVILLE, FLA, October oath, 1882.
To Chdirmen Of County Erecutire Committees:
Your attention is called 10 the instructions
sent to Supervisors OF Elections by Philip Walter
Chief Supervisor The instructions, except the
paragraphs numbered first and third, are with
out warrant of law.
The United States statutes provide for two
classes of Supervisors. First, Supervisors for
'cties or towns, having upward of twenty
thousand Inhabitants"
Second. Supervisors for Counties or Par
ishes." The distinction Iuns all through the stat
utes relating to Supervisors The duties and
powers OF the two classes are different, those of
the first mentioned class being much larger than
those OF the second class The Chief Super
visors Instructions are based upon the law re-
laling 10 Supervisors of The 1st class, which is
not applicable to This State at all, as there is.
within its limits no city or town having up
ward of twenty thousand inhabitants" Super
visOrs of the I'd class ave no authority. as
such, to make any report whatever. They have
only the right which all citizens have, TO make
snch communication private r"hIin .i.~..
newspapers.
The whole power and duty of Supervisors of
the 2,l class (being The Supervisors in this Stae)
are found in seclicn 2029 of the U. s. Revised
Statutes, which is in these words
THE Supervisors Of Elections appointed for
any county or parish in any Congressional Dis
iric al the instance Of ten citizens, as provided
in section two thousand and eleven, shall have
no authority TO max, arrests or to perform other
dulles than to be inthe immediate presence of
the officers holding he election, and 10 witness
all their proceeding, including the counting OF
the votes and the mixing of a return thereof"
Paragraph Numbered Fourth" of the Chief
Supervisors instructions, is especially mslead-
ing and pcrnicious. Il is quotation from u.
5. Statute known as The Enforcement Act"
and is in these words Fourth. Whenever, an
der the constitution Id laws of This State any
act is required to be one by citizen as a pre-
requisite To qualify + entirc him to vote, the
offer Of such citizen perform the act required
10 be tone, shall, Tilt fail to be carried into
execution, by reasoi Of the wrongful act or
omission of the perso or officer charged with the
duly of receiving or PRINTING such performance
or offer To perform, acting thereon, I've deemed
and held as a performance in law of such act,
and the person so otring, and failing 10 vote,
and being olherwisslualificd, shall he entitled
To vote IN The same tanner and to the same ex-
tent rs if he had perirmed such act"
This portion of ihlaw has been declared by
the Supreme COurlof the United States to he
legislation unauIhorted by The Constitution, and
therefore, null and yid This was decided in
the case of The Unite States VS. Reese, reported
in I'd vol Of OtWs Rports, page 215.
The statutes OF iheState of Florida contain all
the provisions OflawapplcabIe TO the conduct
of elections held InGr IFS authority. To them
only must inspecsrs look for guidance. The
Judge OF the U. s. Folrt being sick, and unable
to hear an applicaAn to vacate the Chief Super-
visor's Instructions. which we believe he would
certainly do,) We caIonly advise you as above.
EN-. l. ENeLE. Chairman.
w. b. YOUNG, ateiary.
1t is plain firm this that the Chief |
Supervisor of hctions has attempted to
palm off as La certain sections of the
enforcement actronounced null and void
by the Supren Court of the United
States. These Etions are the Sd and 4th
of the act of Ny 81. 1870, and section 8
is embraced paragraph fourth " of
instructions reired TO. Chief Justice
Waite, in promoting the opinion of the
court, said:
The third ahdnurth sections of the act of
May 81. 1870 (l6 4. 14Ol not being confined In
their operation tohawftii discrimination on ac.
count of race, cd. or previous condition Of
servitude, are beyi the limit of the Fifteenth
Amendment, and authorized.