The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-11-02
MARSHALS AT ELECTIONS
Attorney General Miller's Instruc-
tions to Those officials.
THEIR DUTIES CONSTITUTIONAL.

An Alabama Campaign Committee
Urges Action Which, If Carried
Out. May Result In Clash Between
Government and Local Officers.
WASHINGTON, Nov. 2.-Attorney Cen
eral Miller has issued a circular letter to
all United States marshals and district
attorneys throughout the United States
lcearly indicating the line of policy which
the department Of justice will pursue
in the coming elections for congressman
in relation to the appointment of United
States supervisors of elections and special
deputy marshals to watch the polls.
The attorney general quotes an order
issued by President Cleveland to Attor-
ney General Garland in 1885, In which
that officer was requested to take general
charge and direction of the execution of
the statutes of the United States touch
ing the appointment Of supervisors of
election and special deputy marshals.
Attorney General Miller says the author
ity thus given has never been revoked,
and he follows it up by quoting with aD-
proval the instructions issued on the
18th of last month by G. NJ. Dennison,
chief supervisor of elections of the north
ern district of New York. Mr.. Dennison
cites two cases where convictions were
had for obstructing special deputy
marshal in the execution of his duty,
and says the decision of the supreme
court of the United States clearly estab.
lshed the constitutionality of the law of
congress. and the further facts that the
authority of the national government is
paramount in the election of representa-
tives, and that International government
has the right to use physical force in any
part of the United States to compel
obedience to its laws and to carry into
execution the powers conferred upon it
by the constitution"
Further, that the provisions of the
federal election laws are in force when
ever representative in congres AiB voted
for and whenever any of the provisions
of the federal law arc in conflict with
the state statute the federal statutes
must be followed. In addition to the
foregoing instructions the attorney gem
eral adds the following:
Instructions to Supervisors.
In the language of the statute of the
United States, section 2019, it is the
duty of the supervisors in their respect
i've election districts or voting precincts
to be present on the day Of registration
and on election day, ''to take, occupy
and remain in such position, from time
to time, whether before or behind the
ballot boxes, as will, in their judgment,
best enable them to see each person Of
fering himself for registration OF offer
ing to vote, and as will best conduce to
their scrutinizing the manner in which
the registration or voting is being con.
Quoted, and at the closing of the polls
for the reception of votes they are re-
nI1ipa1 M 111nra tha,ppaluaa in 1,,I,,
sition as will enable them to fully per-
form the duties in respect to such can
vass provided herein, and shall there
remain until every duty in respect to
such canvass, certification, returns and
statements have been wholly completed"
The deputy marshals are authorized
to arrest, with or without process, any
person who commits or attempts or
offers to commit any Of the acts or
offenses prohibited herein, or who com
mits any offense against the laws of the
| United States; but no person shall be
arrested without process for any offense
not committed in the presence of the
marshal, or one of his general or special
deputies, or one of the supervisors of
election. And the supervisors have like
power to make arrests. Any attempt to
Interfere with the supervisors OF deputy
marshals in the proper discharge of their
duties is violation of the law and sub
jects the wrongdoer toa severe penalty"
An Alabama Protest.
Late in the afternoon, after Attorney
General Miller had taken the western
train for Indianapolis dispatch from
| Montgomery, Ala, was brought to the
attention of the officials of the depart
ment of justice, as having a considerable
/ bearing upon the departments circular.
| This 1ig1ntrb EfatpH that Chairman
Sl1elly, of the Alabama state Democratic
| campaign committee, had issued the fol-
| lowing instructions to the party mana
| gers in the different counties of the state:
THE appointment Of deputy marshals
| for election purposes outside of Birming-
ham. Mobile and Montgomery is illegal,
and if appointments are made and the
deputy marsnals should appear at the
| polls and get within the thirty feet limit,
as provided by the state laws, except to
cast their ballots or if they interfere
with voters in any way have them ar
rested, Have the sheriff appoint deputy
| sheriffs enough to enforce the law at
each precinct. The committee will stand
BY You"
Solicitor General Aldrich read this dis
! patch with !. terest, and said he had not
! yet been advised either by the United
| States marshal or the district attorney
| of this circular, but presumed he would
get full information on the subject by
mail. He could not, of course, discuss
hypothetical case but he would venture
to say that the provisions of section POLL
of the revised statutes, as to when su-
pervisors could legally be appointed out
side of cities of 900 inhabitants, were
very clear, and he did not doubt that the
United States courts in Alabama had
followed those provisions closely.
He did not anticipate any conflict be-
tween the state and United States Off
Cials in this matter, but if such a conflict
did occur he felt quite sure the United
btates officials would come out ON top.