The Greenville times., 1884-10-11
Election Opinion Of the At
t0rney General.


as requested by you, the statutes
of Mississippi, defining the duties
and powers of the officers charged
with the conduct of lhe election
to be held on the 1th instant, in
connection with the statutes of
the United States, authorizing the
appointment of Supervisors of
Election.
Chapter 8 of the Code of 1880,
contains the law of the State upon
the subject, and that law is the
sole rule of action to be observed
by the State electing officers.
The United States statutes do
not assume to repeal or modify in
any particular, the law ofthe State.
They contain every provision look
ing to this end and prescribe PEN
alties to be inflicted upon those
who violate the election law of the
State.
If therefore, the laws of the
State prescribing the mode in
which the election shall be con
ducted are observed, the sole OBJ
ject of the Federal Statutes has
been attained, and the officers of
the State will be acquitted of all
further responsibility.
The Federal authority is to be
exercised in support, and not in
disregard of the State authority,
from which it follows, that it is
auxiliary to that of the State, and
not to be invoked so long as those
representing the State faithfully
execute its laws.
This view of the question is
made perfectly clear from the lam
guage of section 2,029 of the U. 5.
Revised Statutes. which defines
the powers and duties of Supervi-
sors of Election. 1t declares that
they "sHALL HAVE NO AUTHORITY
TO MAKE ARRESTS OR TO PERFORM
OTHER DUTIES THAN TO BE in THE
IMMEDIATE PRESENCE OF THE OF.
FIcERs HOLDING THE ELECTION,
AND TO WITNESS ALL THEIR
PROCEEDINGS, INCLUDING THE
COUNTING OF THE VOTES AND THE
MAKING OF A RETURN THEREOF"
From this it is seen that they are
mere witnesses of the proceedings
of the State officers. They have no
power to direct or control the Off
GERS of the State or the manage
ment of the election in any respect
whatsoever, and should they as.
sumo such powers they would be
acting wholly without authority.
II is not to be supposed that
they will undertake to exercise
any powers beyond those mention
cd in section 2029, but if they
should, the officers should refuse
to recognize their authority. Be.
ing charged by the laws of the
State with the duty of holding the
election, they would be derelict in
the discharge OF their official func'
tions, If they should permit their
authority to be usurped, or in any
degree curtailed by the unlawful
pretentions of any persons whom
soever.
Briefly stated, the law of the
State is thus: The polls are to be
opened at 0 a. M, and closed at {
p. IN. The persons claiming tho
right to vote. must deliver to ono
of the inspectors, in the presence
of the others, the ticket containing
the name of the person for whom
he desires to vote.
When this is done, the clerks
must take down his name, on {
separate list to be kept for the
purpose of recording the names o.
the voters. and thereupon the in
spector, to whom the ticket wa'
delivered, must deposit it in the
ballot-box.
AS to whether the ticket mus
be delivered to the inspector be
fore or after the poll-book hai
been examined to ascertain il th'
applicant has been registered, tn,
law silent. 1t being immaterial
this matter can be regulated b,
the inspectators.
When the polls are closed, th,
inspectors must "publcly open th'
box and number the ballots, at th,
same time reading aloud the namel
of the persons voted for, whicl
shall be taken down by the clerk
When the result has been aseer
tanned, the inspectors must pre-
pare aud deliver, or cause to b,
delivered, by twelve o'clock, nool
of the second day after the elec
tion, at the courthouse of ti
count a statement of the Who'll
number of votes given for eacl
person. The commissioners mus
thereupon canvass the returns an,
declare the result; and within te
days after the election, transmit t
the Secretary of State, to b
filed at his Office, a statement @
the whole number of the vote
!. given for each candidate.
If necessary from any cause
! pending the election and countin
the votes, an adjournment may b
taken by the inspectors, in whic
= event, the box must be secuIel
closed and locked, SO as to pr,
vent the admission of anything il
TO it during the time of adjourn
ment, and must be kept by one {
the inspectors and the key b
another. The inspector havin
the box must carefully keep
aud neither unlock or open it hin
J. self, nor permit it to be done, {
: allow any person to have acces
to it, during the time of adjourn
ment.
The Supervisors of Election al
entitled to be present and witnes
all the proceedings of the officer
LoIdinr tho nlaotion fbot 10 :