The Forrest City times., 1892-10-28

voting is done. the manner in which the puil books are kept, to scrutinize, count and canvass each ballot. They have the right to occupy any place they wish before or behind the ballot box. or any other place, in order to see each person offering himself to vote, and to scrutinize the manner of con ductiDy the election. In other words. the supervisor has the right to see and know everything that transpires be- tween the voter and the judges so far AS the election of congressman is con- cerned, but they have nothing to do m the matter of the election of presiden- tial electors. Their duty pertains alone to that of the congressmen.
 THE SUPERVISOR s RIGHTS AND RE-
 SELECTIONS.
 Section 2029 provides, as you will see, that the supervisors shall have no power to make arrests, or perform other duties except 10 be In the inl- mediate presence of the election officers and witness their proceedings. He has no right to suggest to any voter AS to how he shall or shall not vote. In fact, he has no right to say or suggest anything to the voter except to ask him questions touching his qnaliiica- tions to vote if he should be challenged, and although the supervisor may chal- lenge a voter, yet if in the opinion of the judges of the election he is a quail fled voter under the constitution and laws of the state, twill be their duty to allow him to vote, notwithstanding the protest of the supervisor.
 Section 34 of the election laws of this state provides as follows:
 Any eIector who shall tell the judges that he cannot read or write, or that ny reason of any physical disability he is unable to mark his bal lot, may have the assistance Of two or the judges In the preparation of his ballot, who, Tn fhe presence Of The elector, and in the pres ence of each other. shall prepare his ballot Tor him as be wishes to vote it. But before any such elcctor shall be required or permitted to tell how he wishes his ballot made up, or for whom he wishes to vote, all electors, including those in the booths, shall be required to with draw from the polling room.
 This section should be construed in connection with the sections of the federal statutes above quoted. It was not intended by the legislature to an null the sections of the federal statutes. This could not be done. Hence we iii- dulge the presumption that such was not the intention. Then with this con- struction which was evidently the in- tention of the legislature, the super visor is not to be excluded, but.can and should remain in the voting precinct, or polling room, and witness all that is said and done between the voters and the judges. but they can do noth- ing further, 'and as long as the super visors follow the line of duty pre- scrbed by the federal statutes and as indicated above be has violated no law but if he goes outside of his duty and thereby violates any of the provisions of the state law he will be held amend ble to the state courts as well as the federal courts, and if any supervisor disregards his duty as defined by the federal statutes and ignore the state statutes, and violate the provisions of the same, he should be reported to the prosecuting attorney Of the proper dis trict.
 NO MARsHALs OR DEPUTIES EXCEPT
 IN LITTLE ROCK.
 Section 202l of the United States Re- vised Statutes is as follows:
 Whenever an election at which representa- tives CT delegates in congress are to he chosen is held in any city or town of 20, 600 inhabitants or upwards, the marshal for the district in which the city or town is situated shall, on II, Es zens residing in such city or town, appoint special deputy marshais, whose duty it shall be, when required thereto. to aid and assist the supervisors of election in the verification or voted; to attend in each election district or voting precinct 'at the times and places fixed for the registration of voters, and at all times and places when and where the regist ration may by law be scrutnized, and the names of registered voters be marked for challenge; and also to attend, at all times for holding elec- llS in Il isf fria nr
 This is the only authority for the ap- pointment of United States marshals or deputies, and this section only ap- plies to cities where the population IS 10000 or upwards, hence it has no ap- plication whatever to any place in Ar kansas except in the city of Little Rock. Outside of the city of Little Rock, neither the marshal nor deputies have anything to do with the election. There is no law for the appointment of such marshals except in the cities as above indicated and if any should be appointed it would be without any warrant of law. and they can exercise no more authority at the election pre- cinct than any other citizen. They can go and vote, and as long as they observe the law they should be pro tected as any other citizen, but if they undertake or attempt to take charge of the voting precinct or booth, or at tempt officially to do anything in con trolling or influencing the elections, or violate in any manner the state statutes. they should be arrested at once by the proper sheriff or officer whose duty it is to guard the polls, and see that a fair expression of the will of the people is had,
 The foregoing answers substantially all the questions which have been sub mitted to me. 1 shall not take up the various provisions of the state statute and define the duties of the election officers, but will urge every state cleo tion officer to read carefully the election law and to see to it that the provisions are in every particular compiled with.
 Very respectfully, J. W. HoUsE.
 XIX Is safe and curative in its action,