Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1892-11-05
What Supervisors and Deputy
Marohals Shall DO in the
Premises.
Perfect Freedom OF Voting Places
Supreme Court Decision
in Point.

I ted States supervisors Of election, Uni
( ted States inaIsAals and United States
! attorneys IL regard to their duties ut
the coming election. At the start the
4 attorney general refers TO the fact that
! ON oct 9th, 1856, President Cleveland
( requested Attorney General Garland to
/ take general Charge aud direction of
( the execution of inc statutes touching
on the appointment Of supervisors Of
1 election ana special duties and the
! pItUrmaEce OF their duties and COM
( pensgtion SO far as the subjects were
under the supervision and control Of the
/ executive branch Of the government
Miller believes that the authority thus
givn his predecessor is general and has
[ never been revoked He then embod-
Uses IN "A manifesto of n letter Of G. NJ
Dennison, chief supervisor Of elections
for the northern district of New York
( under date Of oct. Is, in which Den
ison issued instructions for the guild
anca of deputy marsh1ls aud incident
ally Of supervisors. Denuison's letter
is clearly written in response TO an in
! luiry from a subordinate and Miller
quotes for the purpose OF endorsing its
provision In the letter Dcnnison, in
answer to the question if special dep
uty mlIshals have the right to be in
side the place Of registration, and
! whether they can be inside the polling
Place on election day outside the guard
I rail says the question was settled by
decision Of the supreme court of the
| United States i'm cX parte, Albert Sic
bold Walter Tucker Martin C. Burns,
Louis Coleman and Henry Bowers.
who were judges of election i'm Balti-
more, in Nov 1878 They were tried
and indicted for alleged offenses, con
victed and sentenced to a fine and inn
prSenmout
They applied to the supreme court for
hIbeas corpus to be released from inn
pHsonnoat on the ground that the
federal election was unconstitutional.
The decision of the supreme court was
against the petitioners rs, it holding that
congress had power to pass a law and
i'm making regulations for the election
of representatives. it is not necessary
that congress should assume entire and
exclusive control thereof.
Congress has the supervisory over the
subject, and may either make au en-
drcly new reduction or add to, alter or
modify the regulations made by TIN
states. There is nothing i'm relation TO
state and national Soyereigutics to pre-
cludc the cooperation of both in the
matter Of elections of representatives
II both are equal i'm authority over the
subject collisions of jurisdiction might
cnsue; but the authority Of the national
government being paramount collisions
can only occur from the unfoundcd
jealousy of such authority.
, Congress has power by the constim-
ton To vest in the circuit court the APP
poinmcnt of supervisors of elections
The government has the right to Use
physical force i'm any part of the United
States to compel obedience 10 its laws
and carry into execution the powers
conferred upon it 10y the constitution,
The law requires that the marshal
ana his deputies have II right and il is
their duty to be and remain in all places
where they can best discharge their
duties, whether such places be inside
or outside the guard rail, notwithstand-
ing the provisions Of the New York
statute regarding the number of per
sons admitted within the guard rail on
election day. The provisions of the
federal election laws are in force whom
ever representatives. in congress are
voted for and whenever any proyi-
sions of the federal law are in conflict
with the state statutes federal STAT
ltcS must be followed.
After quoting us above. Attorney
( General Miller slyS th2t in his opinion
these instructions embody the correct
views of the law. In addition, he adds
that according TO the statute it is the
duty of tho supervisors 10 be present
ON registration day and election day;
ITO take, occupy and remain In such
positions. whether before or behind
the hallot.hoNes, rs viii in their iuds
mont best enable them to see each per
son or ring himself for registration or
f for voting. and as viii best allow him
i to >ctuuuize the manner In which reg
istratiou or voting is conducted. and
shall remain There until every duty is
performed.
Miller further saws that deputy mar
shaIs are authorized: first, To arrest with
or without process, any person who com
mitS or attempts 70 commit or offers to
commit amy oftense against the laws of
the United States: but no person shall
he arrested without process for any
oGrcnse not committed i'm the presence u
the marshal or one of his general or
special deputies, or one of the superSi-
sors Of election Supervisors have like
power to make arrests ANY attempt 70
interfere with the supervisors or dnpty
marShals in the discharge Of their du-
ties in relation to violating the law sub
iectS the wrong doer to a severe penalty. |