New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-02
DUTIES OF SUPERVISORS.
ATTORNEY GENERAL MILLER ISSUES CIR
CULAR ABOUT The ELECTION.
FEDERAL OFFICERS MUST WATCH THE VOTING
AND SEE THAT THE UNITED STATES

ccc;ions United states Marshas and United states al
torneys in all parts the United states In regard 10
their duties at the coming election. IL Is as loho"S
Department OF Justice,
Washington d. c., Oct 81, 1892.
cr,,vsors Of Elections United States Msshas, United
States Attorneys all over the country
SIR On October s. 1886, President Cleveland issued 70
Attorney General Garland an order as follows:
Executive Mansion Washington, Oct. 5, 1885.
"IIon A. II. Garland Attorney Genera;
dear Sir: You hereby requested TO take gehera
charge and direction OF the execution Of the safus OF the
rnid States touching appointment Of Supervisors OF
Election and Special Deputy Marshals, ana the pefor
nance Of their and their compensation 40 far a.
these subjects by the Constitution and laws uhuer 'e
supervision and of the Executive branch OF the
Covornment Yours truly GROVER CLEVELAND"
The authority thus given TO my predecessor Is eeherai
and has believe. never been revoked
G. NJ Dennlson Chief Supervisor OF Elections for the
Northern District Of York. under date Of October lS
aoo has issued instructions for guidance Of Deputy
Marshals and incidentally OF Supervisors, as follows:
.Once OF the Chief Supervisor OF Elections
Northern District OF NewYork, Utica, Ocs IL, ls92.
sir am in receipt Of your letter OF the lltn ns''
asking Il special Deputy Marshas have nen' 70 DC In
de tho place Of registration during Ee progress OF regis
rton and they be inside the polling pace on
Election Day outside OF the guard rail-
The question raised by Is settled by the decision OF
the Supreme OF the United States IN eApare Aoer
Sl,bd Walter Tucker Martin {. Burns, Lewis Coleman
and Henry Bowers reported in 10 Otto, 37l. The case
WAS heard on the Petition OF Sebod and others for habess
corpus The petitioners were Judges OF electoh a, o-
frcnt voting precincts in the city OF Baltimore at an eec
ton held in November 1873 at which representatives. in
Congress, were voted They were indicted and tried In
e Crut Court Of the United States for alleged offences
committed BY while acting as judges OF sucn eecNon
we're tried convicted and sentenced to hne and npson
ment They applied ~ the Supreme Court for VIII OF
habeas corpus to be relieved frm imprisonment, Oh the
ground that tho Federal Election law was unconstitutional
"Powers was convicted on count in the indictment
charging him with n0wully ohtructing hindering inter
crlng with and preventing supervisor oi Election Hoip
performing his duty Wit That Of personally inspecting
and scrutnzne a, beginning OF said day Of election
and O, the sad election. manner In which the voting
wa, done sad poll Of election BY examining ana see
ng whether the ballot first voted at said poll OF election
put and placed In the balobox containing no oao's
whatever
Tucker WAS convicted on a count in the indictment
charging that he unawfuy prevented and hindeied the
free attendance and presence Of the Special Deputy Marsh
in the due Of his Office at the poll OF sad eec-
ton and the full and free Of the said Deputy
Marshal to the poll 0, election The other petitioners
were convicted for ohe- offences against the Federal
Election low.
The section Of the law which the indictments were
founded and the other sections the validity OF when was
sought 10 be imp ached for unconsdtutionaty are sec
tions coil 2Oi2 2Oe 2o17, 2o2l. 2o22. and in part
sections 55i4 and 1892. The decision OF the Court was
against the petitioners will quote only such points
decided by necessary 10 fully answer your
inquiry They follows:
had power BY the Constitution 10 pass the
section referred to-
In making regulations for the election OF i"pre-
sentatves It is that Congress should seue
entire and exclusive control thereof. Congress mas
poryirory power the subject and may either make
entirely new regulations add TO- alter or modiiy inc
regulations made by the state
exercise o, such supervisory power Congress
may impose the officers of election or addl'
,ona penalties for breach Of duty for the preparation
attendance OF ofncefs 10 pre-
vent frauds and that elections legally and fairly
conducted
III There +, nothing In the relation q the state and
National soyercgntes to preclude the cooperation II both
In the matter elections Of Representatives II both were
equal In authority subject Collisions Of juHsdc-
ensuc but the authority Of the National Gov
eminent being paramount. collisions can only occur tNn
un,ounded JEALOUSY Of such authority.
10. Congress had power by the Constitution To vest
in the Circuit appointment Of supervisors Of
Elections
LIB. The provision which authorizes the Deputy Mar.
shall. /, keep the peace at election Is uncon,u
tional The National has the right To use
physical fore in any part Of United States To compel
obedience IT. LAWS and carry into execution the
powers conferred upon It by the constitution
section 2,o22 requires that the marshal and his
genera special deputies shall ord AZ places
registration and the polls. support and protect the
supervisors Of election fraudulent registration and
fraudulent voting fraudulent conduct on the part OF
any officer Of election and Il must necessarily follow
that marshal and his general and special deputies
have the right aud II is their duty b. and r~msn
places whore they best discharge their duties.
whether IaccS be- inside outside the guarl rail.
Notwithstanding provisions 81 section l0l Chapter ESQ.
Laws Of Of NcwYork. so2. regulating th' mum.
Der " persons who be admitted within the guard
rail election dry.
'.rhc provisions ~ the Federal Election laws In
force whenever Repre- sentative in Congress- Is voted
for and whenever Of the provisions Of the Federal
law are in conflict with the state statute the Federal
- Vary
respectfully C. NJ. DENNISoN. chief sup"r'isor
81 NJ Lsngdon esq. United States Commissioner,
Troy y. Y"
These Instructions. In opinion. embody correct
views Of the law In addition the foregoing instruc
tons add the following In the language Of the statute
OF the United states section 209. II is the duty OF the
uIyrvsors their respective election districts or voting
precincts be present the day Of registration, and on
Election 'to take. occupy and remain IN such POSI-
tion from time time whether before tehnd the ballot
box,e will their judgment best enable them TO see
each person himself for registration or offering u
vote and will bot conduce r. their scrutnlNng mo
manner which the registration or voting Il being con-
Quoted and at the closing Of polls for the reception
Of votes they required b place themselves In such
position relation the ballot boxes for the purpose
Of engaging work of canvasng the ballots, as will
fully Storm the duties I'm respect TO such
oanyass provided herein and shall there remain until
every duty I'm respect such canvass certificates
turn and statements has been wholly completed"
by 2oc2. the deputy marshsl- authorized
TO arrest with without process any person who CON-
mite, attempts offers TO commit. Of the acts or
offences prohibited herein, who commits offence
AGAINST the laws Of tho United States: but person
-hal be arrested without process for offence
not committed in the presence Of the marshal, or
one Of his general special deputies OF the
visos Of election And the supervisors have like power TO
make arrests" ANY attempt interfere with the super
vtsors or deputy marshall the proper discharge Of thor
duties is violation Of the law. and subjects the wrong
doer Ia n severe penalty.
The duty and the authority q the supervisors and the
deputy marshas In the premises are too pain to be MIS-
understood Bearing mind always that they are officers
- tho uorc as well officers Of the election. and never
forgc ng that whore statute conflicts with the
otutc Of the United touching these elect ons. the
National Is paramount and must be obeyed these
officers should 60 forward quietly, but resolucly in tho
ds,haro. ~ their duties without favor but with
firm dcfer1nnnt0n far IN them lies under the