New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-10-24
TO INSURE A FAIR ELECTION,
THE ACTION TAKEN BY THE DEPARTMENT
OF JUSTICE.
WHY THE ATTORNEY GENERAL HAS NOT ISSUED
MINUTE INSTRUCTIONS TO UNITED
STATES MAHSHALS.

Washington. oct. % tSpecial). -AttOrney General
hillers attention was called 10 a paragraph that
recently appeared in NewlOrk paper. to the effect
thai the Department Of Justice will no, be called upon
Issue csutonaTy restrictive orders heretofore but
that the United states mar-hal> and their deputies
VII be permitted TO exercise Enlimd jurisdiction at
the approaching elections. In reply TO An inquiry Or
= what action his Department would take to Insure q
free ballot aud fair count. Mr.. Miller said
II true the Department ha. not issned such an
order contained in the Instructions sent TO
marshals and deputy marshas by the last Adninistra
ii0n. tntn Mr. Garland bccame Attorney General the
department Of Justice never issued particular set
or code OF rules for the guidance Of United states
marshals during election times Mr.. Garland did issue
Instructions to the supervisors and marShnl5 In 1--6
and l---. The result was TIA; the Government has
icon sued by sev"r, hundred VINO wcr" employed
deputy >lal~, and large nImber Of cases have
uc-n tired and in every ca' the GOV rnmcnt ha~
ho"n compelled 70 pay only The Judgment hut the
co~t>. The order a NforucyGcncral Garland issued
t. va, that In 10 case -hori The Officers be paid for
moro than FIVE days service. The statutes say that
they shall be paid The rate Of ~ day for not eX
c,rdng ten days. and the decisions h5vo ALWAYS been,
a i. plain tlrne must be. taa; wipry"r II
was necessary thar they should Scr." for ten dav~
properly 10 supervise the registration and elections
they entitled TO- ard must BE- pad for. TEL day-
service. \, to Just how many days It is nece,sarr
several states. In state where tley have no regis
traiDn law heretofore IN Indiana they could moi he
properly paid for than two perhaps three
daN the election days and the days II was necessary
upcrviee the count. On the other hand. in state
Ike N"v.Iork. where they have registration law
ch requires several days service before I'll" election.
tacy are often required TO serve ten or even twelve
days. tough they only b. paid Tor ten.
In every case II has been held By The United
states Circuit Courts ard the Court OF Claims. and i'll
ore or that have gone 70 the supreme Court
Of the Units, states. that they must be paid for The
number they actually served. and IL neccs
s:iry 10 serve under the existing law ten days.
The department VI Justice has instructed IN"
United states slIa!s that they will be expected t.
tv, whatever action IL necessary 10 Insure a fair
election. They have full power to appoint a. many
deputies may be required, and sufficient Instructions
and authority have been placed In their hands t. meet
whatever exigeucics :Iat may alse. The Department
has followed closely the practice IN before the
h,st Administration. but has not attempted to assume
e. minute a jurisdiction over the control OF the eler
ton, a. tc ,ay for how long time each deputy
marshal shall II ha left such details 10 the
marshal VITO will M be- guided in his action
By the laws Of the state where he may happen to be