The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-11-08

Can Davenport, .Jarobus n Co. Disfran-
chisc IA Voter Whom Judges Of
Election Accept"
The correspondence between the Demo-
cratic LAWYERS Committee and the United
States Marshal for the southern District Of
New York presents n question ofvitnl con-
sequence to every voter.
1t turns upon the point whether the Tin
doubted right of the Marshal to arrest an
intending voter for whom he holds a war
rant is to be exercised SO As to prevent the
inspectors OF election from passing upon
the question whether or not the vote should
be received.
The Marshal intimates that 1t is his duty
aud purpose to make the arrest before the
vote Is cast. So ne to prevent what he Sis
poets to he an Illegal vote. The Demo-
cratic lawyers admit the Marshal's right
to make the arrest, but insist that he shall
not himself virtually decide the case by
taking his prisoner from the polls before
the Judges OF election have decided.
In justification Of his position. the Mar
shal assumes to quote Section 1902 of the
United States Revised Statutes SO us to show
that it is his duty to arrest "bcfore vot-
ing" This. however. Is misleading. for the
statute expressly says "beiore or after
voting" II. therefore. the strict letter OF
the statute is to govern. the power OF the
Marshal is to be exercised not necessarily
before. but either before or after voting.
but the lawyers contend that the statute
is to be read not literally. but as construed
by Mr.. Justice BREWER OF the United Suites
Supreme Court. as meaning that the quail
fcation OF the voter Is to be determined ex-
clusivcly by the judges Of election and not
by the Marshal. whose power to arrest is to
be exercised subject to and after the decis-
ion OF the election officers. Judge BREWERS
language upon this point Enthusiastically
sustans the position OF the lawyers who
signed the letter. among whom are FRED
ERIC II. CoUDERT and WILLIAM &. CHoATE,
Tho language used by Judge BREWER is
clear enough:
HE cannot arrest tho man when In the act Of vo,.
ing. say that lie shah vote THIS question
for the judges"
This position OF the lawyers Is also sus-
tanned by consideration OF the principles
involved.
The object OF the United States law is to
Of members OF Congress. having reference
to the election OF no other officers. not even
Presidential electors. whose choice is de-
termincd by State laws only.
For the prevention and punishment OF
frauds in Congress elections. the Marshal is
authorized to arrest, and the courts to
punish the Offender By tine and imprlson-
ment These objects can he secured sub
stantially as vel! by nrrr". after rs before
voting. AMI tho conviction Of the prisonc:
who shall haze falsely sworn Ia his vote
will effect his permanent disfrancElscm"nt.
But al arrest Before voting. IL such man
ner rs to deny to Tho election officers OPP
Dortunity TO de."rminc the voters qualiH-
cations. adds to tn" gcnatlcs of tine ard I'M
prisnnni"nt. which on "a court can impose
another ANA grierois penalty, that OF dis
reimbursement arbitrarily imposed by he
Marshal upon his own suspicion and without
opportunity to any voter however honest
or respectable. to show that he Is right and
that the Marshal is mistaken.
This does not overstate the ease. for slch
arrests II" rsSIrily occur only upon election
day ami NJ the polls. The prisoner cannot
obtain trial before the polls close. II he
gives bail, and upon release returns to the
polls To vote. lie may again be arrested for
the second attempt Ia vote. and so on dur
ing the day. In lsaJ Supervisor DAVENPORT
instructed that exactly this course should
be followed.
So. il Marshal JACoDvS is right in refus-
ing to follow Judge BHEwEH's decision con-
STRUNG the statute. ii is his duty to make
arrests In such manner as to put every
voter. honest or dishonest. at his mercy. al
though Judge BREWERS contrary construc-
ton leaves to him full opportunity to assert
all of his powers without Injustice to tho
honest voter.
The Marshal. having before him two
courses. one with and one without peril to
the honest votor. insists that In this city