Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-10-31
RUMORS OF ARRESTS.
Powers Of Deputy 0larshals on the Day
of ElrctiOn.

Colonel Frank G.. Ruiiin. Second Auditor
Of the State, widely known asa thoughtflll
and vigorous writer on topics of great lmpor-
tance al this junCturc IN our history. was
found AZ his Office at o'clock yesterday and
asked, Have YOU heard of the purpose OF
the Republicans 10 arrest Judges ol elec-
tiOn on November Ith FOR offences alleged
10 have been committed at the time OF the
presidential election
Il have heard. ." slid ne. ON several oc-
casions that 1T - their purpose to do 80 III
several counties, especially IN the county
of Charlotte
Colonel" said the reporter. " in case
q deputy United States marshal, acting
under q writ issued by Judge Of ede-
raj Court. attempts 10 arrest nudge Oh
election IN the midst of nj, duties on No
Vember 5th. what would be tho rig0ts and
powers of the Judgef Have you heard any
legal opinion expressed on the subJectI"
Yes. ." said the Colonel - have heard
the legal opinion expressed by lawyer
that the resistance OF arrest under
such circumstances would be hPt
Of court but that any bodily harm
done the marshal in resisting arrest would
be q mislcmeanor or feiOuy, As the case
might hc, and that the contempt oi court
would merge in the greater offence, Wlhch
would bc tried. upon Indictment, by %
Jury of Nirgnians who in all cases OF the
kind are Judges of law n well n fact. and
| do not think that a jury can be iound IN
all Virginia who would hurt har OF tne
head of any Judge OF elections VINO sh9uid
resent such an effort 10 lntlmldate MN
whilst he was in the exercise of what he
believed to be his duty TO the state.
tLTGAL OPINION.
The following Is from a gentleman who
l... g. ffslI NON Al
bar and was for several years Assistant
United States District Attorney:
RICHMOND, Va. october 90, 1889.
To The Editor ofthc D.spatch:
Many applications having been male TO mo
for a brief staiem ment Of the laws OF tue United
states In regard 10 state elections, have pre-
pared the following statement Nmch you Obu
publish II you think II Of sufficient value
The right 70 voia in the states IS a rlght de
rived from the States themselves and has not
been granted or secured ty the Federal Consii-
tuition. Congress ia connued 70 the enforcement
Oi the fifteenth amendment
The right Of suffrage is not conferred by Lhe
fifteenth amendment 10 the Constitutions Tho
power 10 declare who shall BE- yOtcrs who shall
be constituents Of the political sovereignty Oi "a
state has been claimed by and conceded 10
each state from tho foundation OF the Govern
mcnt. Congress has no power 10 leEislate upon
the subject OF voting al state elccuouS' eA'cp'
under the fifteenth amendWcnt. Consequently
United states rS Reese e. a., ~ United States,
el5. declared the third and fourth sections u the
enforcement oct Of May 81, 1870, lb Stht
i40l which undertook TO carry INC nlteeuin
amendment into effect, a. be uncOneututio al
and void. sec also United Statos ~. Harris,
i06 Cnited states. 60: Baldwin ts. Franks, ls'
United Sts.es o19. Under these decisions see
tions 2O01, 200l, 5J0G, and 55lg Of the Revised
statutes Of ihe Cuitcd states are null and VOID,
because Congress had no constitutional power
90 onart them.
In short. a state election must be conducted
by state officers according 70 the state laws ana
there Is no UnitoG states statute when IN any
wav intericrea with the state eiecilon-omcers III
conducting q State election.
Finally. any person arrested for any alleged
offence against tho United >tatea Is entitled 10
demand to Do carried Immediately before the
nearest ia ige. mayor of Il city, or justice OK the
peace, or other magsirate, and give bail Tor LIS
appearance agre06hy TO the usual mode OF pro
cess in our state courts ,SectOns lul4 and lOlo'
Revised statutes Of the United siate,)
Very respectfully, JAMES Lyons