The Greenville times., 1888-11-03

ers of the officers charged with the con-
duct of the election 20 be held on the
9Th instant, In connection with the
statutes Of the United States. auih0riz-
ing the appointment Of Supervisors Of
Election.
Chapter & Of the Code Of 1850, con
tains the laws Of the State upon the
subjeet aud that law l. the sole rule Of
action to be observed by the State cleo
ting officers. ~
The United ssates statutes do not
assume 10 sppeal or modify in any
particular, the law Of the State. They
contain every provision looking 10 this
end and prescribe penalties TO be in
ilieted upon those who violate the cleo
tlon Iaw Of the Stale
II therefore. the laws OF the state
prescribing the mode in which the
election shall be conducted are observ-
ed. the sole object Of the Federal Stat
utes has been attained, and the officers
Of the State viii be acquitted Of all
| further responsibility.
The Federal authority is TO be eXer-
cised in support, and not in disregard
Of the State authority; from which il
follows, that it Is auxiliary 10 that Of
the State. and not 10 be inyoKed 80
long as those representing the state
faithfully execute it, laws
This view of the question i maze
perfectly clear from the language Of
section 2.0a9 of the L. ;. Revised stat
uies, which defines the powers and
duties OF Supervisors OF Election. 1t
declares:
1.-THE SUPERVISORS OF ELEC-
TiON APPOINTED FOR ANY COUN-
Tl OR PARISH IN ANY CONGRES-
slONAL DISTRICT. AT TIE IN
STANCE or TIN CITIZENS, As
PROVIDED IN SECTION, aull.
SHALL HAVE NO AUTHORITY TO
MAKE ARRESTS OR To PERFORM
| OTHER DUTIES. THAN To BIZ IN
THE IMMEDIATE PRESENCE OF
THE OFFICERS HOLDING THE
/ ELECTION AND TO WITNESS ALL
THEIR PROCEEDINGS, lNCLUD-
ING THE COUNTING OF THE
VOTES AND THE MAKING or A
| RErlR THEREOF
From this il is seen that they are
mere witnesses Of the proceedings q
the State officers. They have no pow
er 10 direct or control the officers Of
the State or the management of the
election in any respect whatsoever, and
should they assume such powers they
would be acting wholly without au-
thority.
Ii j. not to be supposed that they
viii undertake 20 exercise any powers
beyond those mentioned IN section
2.0lg. but If they should, the officers
should refuse to recognize their author
ity. Being charged by the laws Of the
State with the duty of holding the
election, they would be derelict in the
discharge Of their official functions, If
they should permit their authority TO
be usurped, or in any degree curtailed
by the unlawful pretentions Of any
person whomsoever.
The Supervisors of Election are en-
titled to be present and witness all the
proceedings of the officers holding the
election, that is TO say, the Inspectors,
and every convenience possible should
be offered them for that purpose.
When the returns have been made
by the Inspectors, their functions and
those of the Supervisors of Election, so
Ear as the election is concerned, tcrmi-
nate, and what then remains to be
done is to be performed by the Com
missionors OF Election alone.
The duties to be performed by the
officers holding the election, are so
clearly indicated by the statutes, that
It is not perceived how they can find
any difficulty IN knowing what they
are required to do. And inasmuch as
by the Act Of Congress, the Super
yisors have no authority except TO be
present aud witness the election pro-
ceedings, do not see how any conflict
can arise between them and the officers
Of the State. So far from being an
tagonistic, they should cooperate with
each other In enforcing the law of the
state, and securing free and fair cleo
tion. Respectfully,
I. {. CATcIIISas,
Attorney-Gcneral