The Brookhaven leader., 1884-10-30
Election Laws--Oplhion of the
Attorney General.
Jackson Clarion, November Z, 1Ss2.
JACKSON, Nov. 4Lh, 1882.


JACKSON, Nov. 4Lh, 1882.
Robert Lowry, Governor, ETC.:
Sir-I have carefully examined,
as requested by you, the statutes of
Mississippi, defining the duties and
powers of the officers charged with
the conduct of the election to be
held on the 7Lh instant, 10 connec-
ton with the statutes of the
United States, authorizing the APP
pointment of Supervisors OF Elec-
ton.
Chapter 5 of the Code of 1880,
contains the law of the State upon
the subject, and that law is the
sole rule of action to he observed
by the State election officers.
The United States statutes do not
assume TO repeal or modify in any
particular, the law of the State, or
to control or direct the conduct Of
those intrusted with tue power of
holding the election. The only
purposes OF the Federal statutes, is
TO secure the enforcement Of the law
of the State. They contain every
provision looking to this end and
prescribe penalties to be inflicted
upon those who violate the election
law of the State
Ii therefore, the laws of the State,
prescribing the mode in which the
election shall be conducted, are
observed, the sole object Of the
Federal Statute has been attained,
and the officers of the State will be
acquitted of all further RESPONSE
bility
The Federal authority is to he
exercised in support, and not in
disregard of the State authority,
from which it follows, that it is
auxiliary 10 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 language OF
section 2,029 Of the U. S Revised
Statutes, which defines the powers
and duties of Supervisors OF Flee
ton. 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
officers holding the election, and TO
witness all their proceedings, in
Guiding the counting Of the votes
and the making of a return thereof.
From this it is seen that they are
mere witness Of the proceedings OF
the State officers. They have NJ
power To direct or control the officers
Of the State or the management OF
the election in any respect whatso
ever, aud should they assume such
powers, they would be acting wholly
without authority.
1t is not to be supposed that they
will undertake to exercise any
powers hevond Those mentioned in
section 2029, but if they should. the
officers should refuse to recognize
heir authority. Being charged by
the laws of the State with the duty
Of holding the election, they woul'J
be derelict in the discharge Of thciI
official functions. if they should
permit their authority 10 be- usurped
or in any degree rurtailed by the un-
lawful preteneions of any persons
whnmsOever.
Briefly stated, the law of the State
Is this: The polls are to be opened
at 9 a. M, and closed at 6 p. IN
The pers ms claiming the right 10
vote, must deliver to one of The
inspectors, in the presence of the
others. the ticket containing tho
name OF the person for whom he de
sires to vote.
When this is done, the clerks
must take down his name, on a
separate list to be kept for the
purpose OF recording the names OF
the voters, and thereupon the
inspector, to whom the ticket was
delivered, must deposit it in the
ballot box.
AS to whether the ticket must be
delivered to the Inspector before or
after the poll book has been examined
to ascertain if the applicant has
beer registered, the law is silent. 1t
being immaterial, this matter can
he regulated by the inspectors.
When the polls are closed, the
inspectors must "pnblicly open the
box and number the ballots, at the
same time reading aloud the names
of the persons voted for, which shall
he taken down by the clerk" When
he result has been ascertained. the
inspectors must prepare and deliver.
or cause to be delivered, by twelve
O'clock. noon, OF the second dav
after the election. to the commits
sioners of election. at the court
house of the county, statement
Of the whole num''er of votes given
for each person. The commissioners
must thereupOn canvass the returns
and declare the result; and within
ten DAYS after the election, transmit
to the Secretary of the State, to he
filed in his Office, statement of the
whole number of votes given for
each candidate.
If necessary from any cause,