The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-12-02

States marshals to attend at the polls, sup
port the supervisors in the discharge OF
their duties and to arrest persons violating
the election laws. The provisions of this
familiar title of the revised statutes have
been put into exercise by both the great
in the so eth by the filing with the court OF
the petitions required by law.
1t is not. therefore, a question whether
we shall have a federal election law, for We
now have ono and have had for nearly
twenty years, but whether we shall have an
effective law The present law stops just
short of effectiveness, for it surrenders to
the local authorities all control over the
certihcation which establishes the pflma
facie right to seat in the house OF repre-
sentatives This defect should be cured.
Equality of representation and the purity
of the elections must be maintained or
everything that is valuable in your system
of government is lost. The qualifications
of an elector must be sought in the law:
not in the opinions. prejudices or fears Of
the elector to the ballot box must be free
| from TIE ambush of fear and the. entice-
ment of fraud; the count so true and open
that none shall gainsav it. Such law
partial. 1t should give the advantage to
honesty and the control to majorities.
| Surely there is nothing sectional about
this creed, and if it shall happen that the
| penalties of laws intended to enforce these
| rights fall here and not there, it is not be-
cause the law is sectional, but because, hap
ply crime is local and not universal. Nor
should it be forgotten that every law.
whether relating to elections or to any 9th
| or subject, whether enacted by the state or
by the nation, has force behind 1t; the
courts, the marshal or constable, the posse
comitatus, the prison, are all and always
behind the law. One cannot be justly
charged with unfriendliness to any section
| or class who seeks only to restrain violation
| Of law and of personal right. No comMun-
itv will find lawlessness profitable. No
community can afford to have 1t known
| that the officers that are charged with the
| preservation of the public peace and the
restraint of the criminal class are them
magistrate is then without respect and the
law without sanction. The floods OF law
lessness cannot be leveed and made to run
| in one channel.
The killing Of United States marsha
Z carrying writ OF arrest LOT an eIec.ioI
to men who are pursued by city marsha
3 | for a crime against life and property. Blu
z it Is said that this legislation will reviv
4 race animosities, and some have even sug
fraud are made impossible they may b
supplante6 by intimidation and violence
u If the proposed law gives to any qualitie
It elector by a hairs weigh. more than hi
! equal influence, or detracts by so muc
i from any other qualified elector, it is fatal
q " impeached; but if the law is equal an
a the nnimosities it is to evoke grow out Q
a the fact that some electors have been accus
Is toned to exercise the franchise for Other
"a as we'll as themselves, then these animosi
- ties ought not to be confessed withor
10 shame and cannot be given any weight il
is tho discussion without dishonor. No choiG
l. | is left to me but to enforce with vigor a
g. laws intended to secure to the citizen h
Of constitutional rights and to recommen
he that the inadequacies of such laws b
De promptly remedied. If to promote wit
IL zeal and ready interest every precinct f,
of the development of its material interest
at its rivers, harbors mines and factories. ar
be the intelligence, peace and security und
a. the law of it's communities and it's homes,
lit not accepted as sufficient evidence Of frien
H. illness to any state or section. / cannot az
Of connlvance at election practices that n
~ only disturb local results, but rob the eie
N. tors of other states and sections of thu
ce most priceless political rights.