New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-07
MARSHAL JACOBUSS LETTER.
uF WILL MAKE ARRESTS AT THE PULLS
,,or ATOMS OF TIE ELECTION LAW. HE SAYS

.rope or TIE ELECTION LAW. HE SAYS
CAV RE STOPPED FROM VOTING.
,,-,.-, s,o,o. Marshal John ". Jacobus was
~ ,orday Early In the day he nau
,,o,,o, with ex.Judge Arnoux ana Inc o'ne'
,,rrore ,rho have been looking into the laws -,
cor-, IN IN. powers OF the United states ''"', ~,
noke arrests OF men who attempt 10 vote '''e;
II. o,.o had before him all OF the deputy nn'
who have been appointed by him ano lhs,ruo''u " So
oe en- tboir rights and duties under TIE law anu H
told them what TO do under certain circums.'"v
p,oro ,bo mon were dismissed for the day Marsh'i
rocohus .o,d them to be on hand early this mo
nc no would have work for them. Inc mhrsha' ."
the names OF 1000 men who have regis'ereu ,ee''
and who intend 10 vote the Democratic uche. w
morrow unless they prevented. These men nav
h.., warned 70 keep away from the polls. but they
have bcen known TO declare their intentions Oh 'o's
unless thov are arrested Now they are to be accom-,
modated and before nghtfall to-day the marshai VIII
hnvo n large number OF these men In his hhhus'
Tho United States Marshal said TO a Tribune re-
nor,er Yesterday that he did not expect thht tnt'
would be n conflict Of authority on Tuesday, u, NV
law was too plain for even the Tnmmany omc'"'s -.
a,tempt 10 defy II. When ne was asked In regard u
the arrests which nc intended TO make today ne re-
fused 70 saw ANYTHING beyond the bare statement hat
n large number OF men would be put In )aii. Tue
warrants for them are now ready. Inc resu'' VI y,
marshals conference with cx-Jndgc ArhouA ""o '
following letter which was sent TO the Democr"uo
lawyers who have been giving advice TO the lam
many Hall officials In regard to the powers OF inc
deputy marshals -
Insd states Court House once Of the United States
Marshal southern District OF New.York, Room SO
Third floor
New.York Nov. @. 1892.
Gentlemen I beg leave to acknowledge the receipt OF
your second Communication Of tho 9th INST, IN "h'oh
YOU assert In enect that arrest OF any person attempt
ing to frnudulen.y vote before the vote Is cast Is ega
aud contrary the opinion Of Judge Brewer
The question prcsnt.d that leaned judge land upon
which he gave parte opinion was whether "heFt
supervisors had been appointed United States oFaA
had any power to appoint special deputy marshals
However whatever he said than related TO the
power 70 appoint deputy mlrshals purely obsr ana
no.. as you wei know. a. any force in adludcaticn
In your letter you that the supervisors aFe
limited 70 similar powers a marshal bv Section 2,o-9
Of unltd states Revised StatntS II yon W.! ie@u
that section again and others bearing thereon YOU VIII
see that tho supervisors therein rfortcd n ar those
appointed places Of less than twenty thonand nhao'
tants hence have no reference D. the suparV!sos APP
pointed for the city OF New-York.
Under the law supervisor T. the Official representative
or tho United states under Sections oa2 and 3oll
q, III, United States Revised Statutes his duty conpS
him 70 order an arrest whore votes or ste.npS Z"
vote Illegally. So Il he knowing that such IN attempt -
made by any one authorized 20 yot" permits ,he N'V
{, be received himself be punished for permitting
crime IN be committed Sc Section 5.jel q the United
STATE. peyi.cd StautosA What Is Il . prevent crime
The party must arrested b'fo'e the commission OF 'eh
crime This pain 70 admit Of argument or even
question
H. therefore Iarte opinion OF Judge BrcWer p'h
tho question submitted admitted Of construction su'h o.
Won ins!.t (which denied would be against 'he ~
ur.s and unqualified language a the sa,le when Is a.
lain as the English language can make u ara therefore
eailv understood by RS wei! a. legal nina
In concluaion beg l'ave ~ say hat 10 one re'Pc1'
the courts more fully than myself but can learn o' no
decision 10; tinted States or other court" sr'ns
y., cocnn,on The instructions olreody given arc not
only In accordance with the plain law. bu rpn the lines
u those heretofore given and unquesoned sace 1870
IL VIII be by duty Therefore T. zee INA: they are e'oeed
70 the letter. Gours repeatedly
J. w. JAcOBrS
United States Mar'hal.
David I,vcn,ritt David McCure. John NJ boSe'.
Charles H. Knox iionry D. Ho,chkiss. committee on
bshlf OF the Democratic party q the cry q New
YORK