Los Angeles herald., 1890-12-02


not, think, own or operate the tele-
graph lines. 1t does, however, seem to
be quite practicable for the government
to contract with the telegraph as it does
with the railroads, to carry at specified
rates such communications as the sender
may designate for this method of trans
mission. recommend that such legis-
lation be enacted as will enable the post
Office department fairly to test by ex-
pertinent the advantages of such a use
of the telegraph.
Federal Control of Elections
If any intelligent and loyal company
of American citizens were required to
catalogue the essential human conditions
of national life, do not doubt that with
absolute unanimity they would begin
with free and honest elections"
and it is gratifying to know that
generally there is a growing and
non-partisan demand for better
election laws. But against this sign of
hope and progress must be set the de-
pressing and undeniable fact that cleo
tion laws and methods are sometimes
cunningly contrived to insure minority
control. In my last annual message 1
suggested that the adaptment of the
existing law providing for a federal SUI
pervision Of congressional elections,
offered an effective method of reforming
these abuses. The need of such law
has unaffected itself in many parts of
the country, and its wholesome re-
straints and penalties will be useful in
all the states. The constitutionality of
such legislation has been affirmed by
the supreme court. Its probable effect
iveness is evidenced by the charac-
ter of the opposition that is
made to it. 1t has been de-
nounced as if it were new
exercise OF federal power, and an in
vasion of the rights of the states. Moth
ing could be further from the truth.
Congress has already fixed the time for
the election OF members of congress. 1t
has declared that the vote for members
of congress must be by written or
for the appointment by the circuit
court, upon the petition of
certain number of citizens, of election
supervisors, and made it their duty to
supervise the registration OF voters, con-
Quoted by the state officers, to challenge
persons offering to register; to personally
inspect and scrutinize the registry lists,
and to affiX their names to the lists for
the purpose of Identification and the pre-
vention of frauds to attend at elections
and remain with the boxes until the
votes are all cast and counted to at
tach to the registry lists and election re-
turns any statement touching the ac-
curacy and fairness of the registry and
election; to take and transmit to the
house oil representatives any evidence
OF fraudulent practices which may be
presented to them. The same law pro-
vides for the appointment of deputy
| United States marshals to attend
at the polls and support the super
visors in the discharge of their duties,
and to arrest persons violating the cleo
ton laws. The provisions of this famil-
lar title of the revised statutes has been
put into exercise by both of the great
political parties, and in the north as
well as the south, by the filling of The
courts of the petitions required by law.
1t is not therefore q question whether
we shall have federal election
law (for we now have one, and have had
for nearly twenty years., but whether
we shall have an effective law. The
present law stops just short OF effective
ness. for it surrenders to the local au-
thorities all control over the certification
which establishes the prima facia right
to seat in the house OF representatives.
This defect should be cured. The
equality of representation and the purity
OF the electors must be maintained, or
everything that is valuable in our
system Of government is lost. The
qualification of an elector must be sought
in the law, not in the opinion, prejudices
or fears cf any class, however powerful.
The path of the elector to the ballot box
must be free from the ambush of fear
| l,aa Af
so true and open that none shall gainsay
it. Such law should be absolutely
non-partisan and impartial. 1t should
give the advantage to honesty and
the control to majorities. Surely there
is nothing sectional about this creed
Ii it shall happen that the penalties of
laws intended to enforce these rights
fall here and not there, it is not because
the law is sectional, but because
happily the crime is local and not
universal. Nor should it be forgotten
that the law, whether relating to cleo
tions or to any other subject; whether
enacted by the state or by the nation,
has force behind it. The courts, the
marshal or constable; the posse comita-
tus, the prison, are all and always be-
hind the law.
One cannot be justly charged with un-
1rlendllnesS TO any section or class who
seeks only to restrain violations of the
law and of personal right. No commu-
nifty will find lawlessness profitable. No
community can afford to have it known
that the officers who are charged with the
preservation of the public peace
and the restraint of the criminal
classes, are themselves the product of
fraud or violence. The magistrate is
then without respect, and the law with
out sanction. The foods of lawlessness
can be leveed and made to run in one
channel. The killing of United States
marshall carrying writ of arrest for
an election offense, is as full of
prompting as an offense to men who
are pursued by city marshal for a
crime against life or property.
But it is said that this legislation will
revive animosities, and some have even
suggested that when the peaceful meth
ods of fraud are made impossible, they
may be supplanted by intimidation and
violence. Ii the proposed law gives any
qualified elector by hairs width more
than his equal influence, or detracts by
SO much from any other qualified
elector, it is fatally impeached.
But if the law is equal, and the
animosities evoked grow out OF the