The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1883-01-30

UeitAf States Circuit Cnurs, Eastern D;.s,s,s -
TirenAs = Richmond. iiih February. $50.

Virginia 1t Richmond, llth February, iS79
j pnisdd States vi AdolpAus Gisma
MghtN Of United States Deputy Naruhal a, N.
places or election. Limits Of their pover.
IndicHnent for hindefing and asauliinx Den.
ulyAfasshal In The discharge Of his duty a q
election or member Of the House Of Rem.
ssn.ativns OF the United States.
nuriEx the progress Of the argumenf before III.
jurTin this case the Judge. 10 order 10 shorten
he discussion, interrupted counsel with he
fllswin6 explanation Of the law governing
the case;
HU0Has, j.;
There has been % much controversy and 20
rauch ceiling cn this subject that I think ouRht
TO mike use &c this first occasion on which ihe
G. urthas been called upon to rule upon h. 10 81
out aFviewot the law on The subject 90 that on
cen III the United States will better know Their
tuiies: and powers, from the only source compc
tent tc explain them 10 binding and authori,a.
tire rsanner.
Il i& useless to consider the constitutjonzlitv Of
the lazy Of Coagress embodied in the Revised Si.I
uies s regard 10 the duties OF Supervisors and den
afy Nsrshals Of the United States during their a.
teniAace upon elections. Section Of the fra
siticie Of The Constitution Of the United States
pfoYlses that: "The times, places and manner
oy h8IdlDg elections Tor Senators and Represen
tsiiyes shall b. prescribed In each State by The
Legislatures thereof; bat the Congrss may. At
any time BY law, make or alter such regulations
exceM as - The place Of choosing Senators"
Tfsery can be no doubt. therefore, Of the con-
ssitniionhliy Of the sections Of the Revised Stat
ates ,blt 10 be reviewed 50 far as they apDly N
elections lgT members Of Congress.
Their constituiionality Is only brought in cues
tioa iwhen they are sought 70 be applied to cleo.
tiors Tor State officers.
Tie election, for conduct al which Gitma
how anfer trial was indicted, was held for the
election Of member of Congress
Deputy Marshal Archer was in the room of
the ladges OF election at Petersburg and WAS
ordefnd out, and in that way, but not by vio-
Hence, was put out by policeman Gifma. Git
tna sands indicted for the act The question is
whether deputy Marshal had right to be IN
the Rom OF the Judges by the law Of the Uni
ted States? The law makes q clear distinction
betwken the powers of Supervisors and the pow
ers OK Deputy Marshals during their attendance
al elkctEOns.
AS to Supervisors, the language of Section
S,0ia IS that they are authorized and directed
in their respective election districts or voting pre
gincts, on the day of election, 10 take. occupy
and regnain 10 such position, from time TO time
Wheshea before or behind the ballot boxes. as
will, in their judgment, best enable them to see
zach .rson offering to vote, and as will best CON
duce u their scrutinizing the manner in which
the voting is being conducted" &c.
Section 2,c17 gives the same authority in gen.
craa sefms. Thus not only does the law in terms
emps1wer Supervisor to be in the room with
the Judges OF Election, but empowers him to be
in any; place or position in which, in bis own
Judgment. ne can best perform his duties
Tue act OF Congress, which Is thus specific in
defining and complete in comforting these DOW
cts 90 Supervisors, Is the same one which pre.
scilRes the duties of Deputy Marshals While ii
is Illus express and full in regard to Supervisors
I 10 she reverse in defining the authority Of
Deputy Marshals- Section 1921 simply provides
that when required" to do so by the Super.
visotsit shall be the duty of Deputy Marshals
10 atteDd the polls " in their districts or ORE
cincta: The section gives the Deputy Marshals
no aathonly except TO be present at the polls
The same act of Congress which expressly " d.
rects Supervisors TO place themselves before or
5ehi'id the ballot-boxes, as they may think
proper, Is silent in regard to Deputy Marshals,
and gives them no such authority.
SECTION 2,022 defines the object of the appoint
mentor Deputy Marsbals and defines their pow
ers sad duties. II makes il their duty to keep
the peace and support and protect the Super
vsors in the discharge of their duty; to preserve
ordf.: at the voting places; TO prevent fraudu-
lent voting, or fraudulent conduct on the part of
any officer of election, and to arrest, without
process, any person who commits illegal acts in
their pre sence."
ii 0mi,s to give them authority to go behind
the ballot boxes and to place themselves in any
position they please. This omission has much
mesEiDg. as showing that the powers and duties
If The Marshals are different from those of the
Burstvsors. This same section, 2022. while
proEsling that the Supervisors, in addition to
their own powers shall, in the absence of Deputy
Marsasls, have the same duties and powers as
Delaafy MArshals, omits to give the reverse au
th.,rsIy, and neither this section nor any other
steiibn Ut the law gives to Marshals in the abb
seL.ce, of Supervisors the powers and duties Of
Supervisors proper.
TGeir duties therefore are not those of Su-
pcsvisors Of elections, but merely those of con-
SENATORS OF thepeace at the polls
MY conclusion, therefore, is that unless for the
pOrEsse of suppressing actual violence or of pre-
serving the peace when actually disturbed, or
protecting the Supervisor when actually needing
protsciion, or preventing fraud actually attempt
Ell, u the room, the deputy Marshals have no
rish3fo bc ip the room in which the Jndge and
SUPERVISORS oil election are performing their d.
ills, fsr TO go behind the ballot boxes" unless
rqufsted to do so by both Judges and Supervis-
ors If Congress had designed that they should
have thai power las il did design that Supervis-
oss should have iD it would have given it ex-
psesAsy las II did give the power to the Sup
efvfoH expressly
tUEless II can be shown that their presence Is
r<qaired by the exigencies which have been men,
tSnstd, the Judges Of Election have the same
RICH. to order Deputy Marshals out of their
n'oia as they have to order out any unofficial
penen.
! TIE Object Of sections 9021 and soss is to de-
fnefhe powers and duties of Deputy Marshals,
whife the object Of section 5522 is to define the
oife$ce aud fix the punishment of persons who
Ain4cr and obstruct these officers in the per-
5orn3ancs Of duties required of or authorized
IN tbem; and when this latter section goes on TO
say chat when person obstructs them in doing
whist they are authorized by law to do, by
apeailyiug modes by which this obstruction may
be Committed, these latter clauses of the penal
section Of the law are not intended to give i'm
anu9ity and protection to Deputy Marshals in
Rcts not authorized by sections 2O21 and 2O22
Though section 5522 therefore forbids any per-
som from obstructing the Deputy Marshals or
SUPERVISORS in doing acts which il names and
smsngst others from going 10 and from any
tocfh there an election may be held yet these
words are to be construed 10 connection with
all She rest Of this law on the subject and must
thGyffore be treated as applying only to Super
visafs OF Elections, as they only. and not Deputy
haishals, are allowed by those provisions OF the
kawfs designed TO define the powers and duties
Sf Sach officers TO Ngo 10 and from the room"
70 which the ballot-boxes are.
!. The following is, therefore, the ruling of the
Eolrt:
(; Unless II is shown that disturbance of the
s)easse has actually occurred or violence is CON-
ihss actual fraud Is attempted, or that the Su-
perxisor is in actual need of protection, in the
socsn of the Judges of election, the Deputy Mar
Shais OF election have no right to be 10 the said
room against the orders OF the Judges of elcc-
tisaa during the progress of the voting.
i Bat il there be actual disturbance Of the peace,
Or cther actual violence committed or threatened,
mr. Mthe Supervisor be ia actual need Of protec-
aiops or fraud he attempted in the said room,
th> ! the Deputy Marshal may enter the room for
The purpose OF discharging the duties imposed on