The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1892-11-02
TO GUARD The BALLOT
Attorney General Killers Instructions
10 United States naiShalS
DUTIES OF SUPERVISORS
Authority Of Federal Powers In
National Elections-Ths Law
Bearing Upon the
Matter.


WASHINGTON, Nov. l.-Attornsy General
Miller issues a circular to the United
States supervisors of election, United
States marshals and United States attor.
news i'm regard to their duties at the conn
inc election. Al the outset the attorney
general refers TO the fact that Oct. s, isse.
President Cleveland reoussted Attorney
Garland 10 take general charge and direc.
tion of the execution of the statutes
touching the appo,ntmeut Of supervisors
of election and special deputies and the
performance of their duties and compeu-
satiou 20 far as these subjects are under
the supervision and control of the execu-
tive branch of the government. Miller
then says that he believes the authority
thus given his predecessor is general and
never has been revoked. He then embod-
les in his manifesto the letter Of c. NJ.
Dcnison, chief supervisor Of elections for
the northern district Of New York, under
date of Oct. 12, 1892, In which he ODeni-
son, issued instructions for the guidance
OF deputy marshals and incidentally Of
supervisors. Tho Denison letter Is clearly
written in response to an inquiry from Q
subordinate, and Miller quoted IL for tho
purpose OF endorsing its provisions. In
his letter Dcnison in answer to question
II special deputy marshals have the right
tn be inside tho place of registration dur.
ing registration and whether they can be
inside polling place on election day out
side thc guard rail. says: "The question
was settled by n decision Of the supreme
court of the United States In the ex parte
of Albert Siebald, Walter Tucker. NJ. c.
Burnes, Louis Coleman and Henry Bowers,
who we're Judges of election in baltimore
in November, 1873. They wero indicted
and tried for alleged offenses, convicted
aud sentenced to fine and imprisonment.
They applied to tho supreme court for .
writ of habeas corpus to be released from
imprisonment on the ground that tho
| federal election was unconstitutional.
| The decision OF the supreme court was
ueainst the petitioners. Il holding
| that congress had the power to pass
laws and make regulations for the cleo
| ton of representatives and IL was not
| necessary that congress should assume
entirs and exclusive control thereof. Con-
press has supervising power over the sub
| ject and may either make entirly new reg
ulations or add to, alter or modify the reg.
ulations made by the states. There y
nothing In relation to states and national
soyereignties TO preclude cooperation both
In the matter OF the election Of repre-
sentativcs. II both are equal In authority
over the subject, collisions Of Jurisdiction
might ensue. but the authority Of the ns-
tional government heing paramount. col
lisiona can only occur from unfounded
jealousy of such authority. CongresAhas
power by constitution TO vest in the cir
cult court the appointment OF supervisors
of elections.
"Ths national government has the right
20 uso physical force in any part of the
United States to compel obedience to the
laws and carry into execution tho powers
conferred upon Il by the constitution. The
law requires TINT marshal and his depu-
ties have the right aud IL 10 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, Notwithstanding the provisions Of tho
New York statute Of regulation regarding
the number of persons allowed inside the
rnil ON election day. The provisions OF
the federal election laws are In forcs
wherever representatives In congress ara
voted for. and whenever any proyisious oi
federal Law are in conflict with the state
s,atu,c. the federal statute must be fol
lowed"
~s,,,r - u,.,~- - -
.i. s,t.,.. .ho .,,-s..,., go. - ~.
A.. Tn .dd,,;on n. an. ,ha, acc,r,,ir.