The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-11-04
BE CAREFUL, Mr.. sHEEHAN.

Instructions by a United States Marshal
That May Make Trouble for You
ELMIRA. N. Y. Nov. 3.-ln reply to the
circular issued by William F. Sheehan, of
the Democratic executive committee. re-
garding the rights and duties of deputy
United States marshals at the polls on cleo
tion day, tho following letter of definite
instructions has been issued by United
States Marshal Archie Z: Baxter, of this
city. which. although directed especially
to deputies of the Northern district of New
York, the marshal declares to be equally
applicable everywhere:
William F. sheehan. chairman Of the Demo
cratic state campaign committee, has issued o
circular in which he assumes TO state the rights
and duties OF special deputy marshals AS his
circular is calculated TO mislead you In the cis-
charge OF your duties, and its statements are
contrary TO the clearly defined provisions Of the
federal statutes it seems advisable for me to add
to the Instructions already given you. In the
says: United states marshals have no moro
right than any other voter 10 be within the guard
rail OF the polling place. but must stand outside
along with other persons" In support of
this statement he cites Brewer, J., United States
Supreme Court, %, Fed. Rep. p. l53
desire to call your attention to the fact that
the case cited by Mr.. Sheehan authority is
clearly not in point That was n case where
there were no United States supervisors OF elcc-
merely the oral dicta OF one of the Judges, ap
plying to that situation, and has no bearing in a
case whore there are United States supervisors
10 be supported in discharge OF their duties by
special deputy marshals.
BY Section 2Ol9 United States Revised Statutes
1t is made the duty Of United States supervisors
OF elections "to take. occupy and remain in such
position, from time TO time whether before or
behind the baot-boxes. as will, in their judg-
ment, best enable them to see each person offer
ing himself for registration Offering to vote,"
etc.; and By Section 2022, United States Revised
Statutes. 1t is made the duty OF 1.-The marshal.
his general deputies and special deputy mar
shals. to keep the peace and support and protect
the supervisors of election in the discharge OF
their duties etc.
1t being one of the duties of a United States
deputy marshal to support and protect United
States supervisor in the discharge OF his duties,
it clearly follows that the deputy marshal may
occupy any position in or about the polling place
that the supervisor may occupy, whether before
or behind the ballot-boxes. or whether within or
outside the guarc-rau. The marshal and his
deputies, in their discretion, pass freely within
the guardrail and station themselves wherever
they deem the performance OF their duties re-
quires. Part OF that duty is to that the State
statute is complied with that to the voter
privacy within the booth while preparing his
ballot. and which prohibits offering or giving a
paster to o voter within the guard-rail. 1t is the
duty OF a marshal to enforce all of the
provisions OF the State law. not in conflict
with the federal law, as to what shall be done
and what shall not be done within the guard
rail. In the performance of such duties it may
he necessary for marshal to be within the
is the sole Judge of the necessity and propriety
of being within the guard-rail or elsewhere.
Whenever he deems it necessary to occupy 20.
sition within the guard-rai IL Is his lawful right
to do so, aud 1t Is his duty TO arrest any person.
no matter what his official position may be. who
= United States Revised Statutes. It is provided
that you are exempted from arrest whila in the
discharge OF your duties an officer by any au-
thority whatever, with or without process, ex-
cep,ing alone the authority of an officer Of the
court OF the United States. Any person, whether
sheriff. deputy sheriff, police officer or constable
SO interfering with you in the performance OF
your duties, is liable TO arrest ard punishment
by the United States courts by imprisonment for
two years, or BY fine of So 900, or both.
Instructions TO Arkansas Democrats
LITTLE Rock. Ark. Nov. 3.-The Demo-
cratic committee has issued to Arkansas
election officers a circular defining the
rights of United States supervisors and
deputy marshals at elections. which, after
O clear exposition of those rights and du-
ties, continues:
1t is said that United States marshals will be
appointed at the various precincts In this State
and take charge of the elections. There is no
authority In the federal statutes which author
more inhabitants. Hence the only place in
Arkansas where deputy marshals can
be ,s,.,o appointed :. Is in the city Of Of
the state with as many as twenty thonsand
Inhabitants. Therefore, IL any deputy United
States marshals should be appointed any where,
except Little Rock, 1t would be without author
ify OF law. and il will be the duty of
The peace officers of the county to uphold
the State law in keeping peace at the
precincts, and deputy marshal can
exercise no more authority at the election
precinct or polling place than any other citizen.
IL thoy should undertake to take charge OF the
voting precinct or booth. .or attempt officials to
do any thing in controlling or influencing the
election, or violate in any manner the State
statutes. they should be arrested by the aherif,
whose duty il is 10 preserve the peace a. the
election precincts, and that a fair
expression OF the will of the people is had.
In the exercise of the duties and functions which
the law. both State and federal. imposes upon
you, the greatest caution should be preserved to
do nothing reshly or outside of the law aud
special pains should he taken to prevent any dis
turb nee or breach OF the peace. At the same
time no willful violation Of the law by parties
acting under the assumed authority of the
United states marshal should be tolerated.