Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-11-04
Powers of Federal Supervisors.


supervisors of elections have been APP
pointed to annoy and vex, not to say IN
timidate. the voters and the State judges
of election. These Federal supervisors,
however, have, as we showed in our last
issue, no right to inspect the ballots OF
the voters until after the elections are
over. In Maryland not only have seve-
raj distinguished lawyers given written
opinions to this effect. but the chief
Federal supervisor has instructed the
supervisors under him simply to demand
the right to inspect the ballots as ameans
of making up case for the Federal
courts. There could be no reasonable
objection raised against this mode OF
procedure in order to get binding de-
cision to govern in such cases.
OF course our State election-oflicers
know that the same law which governs
the Federal supervisors in Maryland
governs the Federal supervisors IN Vlr-
ginia. JOIN 2. Poe, WILLIAM A. FISHER,
and CHARLES MARSHALL are among the
LAWYERS who have concurred In giving
the opinion under consideration. by
the way, let us say that CHARLES MAR
SHALL is not only lawyer OF the finest
abilities. but is known far and wide rs
having been during the war between the
States General ROBERT i. LEES trusted
military secretary.
In Baltimore Mr.. BERNARD GARTER
has advised the police commissioners
that il will be illegal for Federal super
visor to inspect ballot before it has been
cast or until it is taken out to be counted.
The Attorney General OF Maryland has
given an opinion to the same effect. One
opinion. however, is enough; and we
quote that Of Mr.. MARSHALL. 1t Is
es follows:
Federal Supervisors Duties.
BALTIMORE, November l. 1890.
Hon. Barnes Compton, Chairman, &C.;
Dear Sir,-I have read the publication
in the morning papers to which you re-
fer in your letter of this date, and have
no hesitation in saying that the lnstruc-
tions to "election officers, both state
and Federal" in my opinion. are not
warranted by any law so far as those IN
etructions authorize Federal officials to
inspect the ballots OF illiterate voters
before those ballots have been cast.
The Federal law does not assume to
provide the mode of holding elections
That is matter which Gas yeti Is left
entirely to the States.
The Federal law only authorizes Fed
eral officials to supervise the conduct OF
elections in the way those elections are
required to be conducted by the laws OF
States. but il does not authorize those
Federal officers to conduct the elections
themselves. Under the State law GER
tain designated persons are permitted to
know how an illIterate voter prepares his
ballot but no such authority is con-
ferred by any law upon any other person.
and surely cannot be conferred by the
instructions Of any official, State or Fed
eral.
To extend the power to supervise the
mode in lOhich the State officials per
torn, their duties under the State tar,
to enable the supervising officials to
porf0r1e their duties, especially as to so
delicate q matter as the inspection OF
ballots not yet cast, seems to me to be a
gross perversion of the plain meaning OF
the Federal law and "a practical over
throw of any system of voting by ballot.
Yours very truly,
CHARLES MARSHALL.
We do not know that here in Rich
mond the Federal supervisors will I'M
dertake to overawe the voters to-day, but
we have a vivid recollection of having
seen a few years ago the election officers
at one Of the precincts in Clay Ward ar
rested in the middle of the day and
hauled before United States Commits
sioner to answer for some imaginary Of
fence, the election being suspended IN
the mean time. So we commend to the
attention OF our judges of election and
voters the opinion of Mr.. MARSHALL
and tho fact that Mr.. BOND, the Chief
Federal supervisor in Baltimore, has, Of
we have said, issued instructions to his
deputies to arrest no voter for refusing
to exhibit his ballot.