Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-10-27
sENaron GRAr.s oPINIoM
Also, What Hon. George II. Bates Says
on tho ArrrsI of the Registrars.


The following letter Is the basis of the
action of the Democratic inspectors in the
various wards on saturday, in refusing to
show to the United states supervisors the
receipts as presented by the persons offer
ing TO register, and il is now stated clearly
over the signature OF an able lawyer that
the Instructions OF Colonel MacalliSter
were not justified. Attention is called to
the fact that Mr.. Gray was something
more than the possible appointee rs Chief
Justice Of the United States Supreme
Court. that his standing as a lawNerin this
community is not eXcelled by anyone,
while the orders of Colonel Macallister can
only receive the weight which his opinion
as d lawyer would entitle them to. The
people of this community are satisfied to
take the instructions of Mr.. Gray.
OCTOBER eIst, 1902 Willard salisbury, ESP
DEAR Sir: can see no warrant in the super
rlsors law for the instructions OF Major Matal-
lister that supervisors should inspect tax rt-
ceipts. they are tere to supervise and watch
registration, but cannot interfere With tho
functions OF STATE officers. ...
ny the way, our Democratic supervisors
must asser. themselves One supervisor cnil-
not insist on affirmative action OF interference
unless supported by tho other. Both must
GEORGE GRAY.
OPINION OF GEORGE II. BATES
George II. Bates spoke of the matter as
follows;
II had OCCASION at the time the first APP
pication was made for the appointment Of
SUPERVISORS of election, to be present when
the assessors sat for the purpose of adding
names to the assessment list, to examine
critically the United States statutes on that
subject. MY recollection of the effect of
those statutes is that the purpose Of APP
pointing supervisors is to provide wit
nesses from both parties Of the methods in
which the election officers of the State per
form their duties.
There is nothing i'll the law to indicate
any purpose to enable the United States
officers to usurp the functions of the cleo
tiUn officers. In the section of the lie.
yised Statutes Of the United States setting
forth the duties of the chief supervisor of
elections, find nothing which authorizes
him to assume the authority which he has
apparently assumed OF issuing bulletins
! suggested by the eXigenciGs of the party OF
which he happens To be a member. Hi.
duty, so far as Instructions are concerned
is defined by the act of Congress to be once
---and for all time-tu give instruction t.
the supervisors rs to the duties imposed
upon them by law. The instruction,
| which he chooses to issue particularly il
! they so beyond the strict letter OF the laW
have precisely the same binding effect upon
| the supervisors as would the ediCts OF the
ear of Russia.
The striking fact about the arrests on
| saturday 10 my mind WAS this-that it was
| mauifestly intended to Withdraw the cleo
| ton officers from the performance OF then
| duties ut the time when the great body OF
electors in those districts were relieved
from their ordinary employmcnts ani
were expected TO register. 1t wa WEI
known that in view Of the fact that thl
large manufacturing establishments clos,
| at-or about O'clock on Saturday after
noon that there would be u large rcgistra
| ton of Democratic voters after that time
! 1t was not necessary TO make those arrest