Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-11-04
THE LAW LAID DOWN.

A United States Marshal in New York In
structs His Deputies to Go Anywhere
About the Polls They Like-They Are
Told They Can't Be Arrested.
ELMIRA, n. Y, Nov. 3-In 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 elec-
tion day, the following letter of definite in
structions has been issued by United States
Marshal Archie E. Baxter, of this city. AL
though directed especially to deputies OF
the Northern district of New York, the
marshal declares it to be equally applicable
everywhere:
william F. Sheehan, Chairman of the
Democratic State Campaign Committee, has
issued 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 discharge of your duties
and as its statements are contrary to the
clearly-defined provisions of the Federal
Statutes, 1t seems advisable for me to add
to the instructions already given to you.
In the second paragraph of MI. Sheehan's
circular he says: United States marshals
have no more right than any other voter to
be within the guard rail of the polling
place, but must stand outside along with
other persons i In support Of & this state state
Supreme Court %, Fed. Rep, p. 49,
Quite a Difference Nowadays.
desire to call your attention to the fact
that the case cited by Mr.. Sheehan as an
authority is clearly not in point. That was
a case where there were no United States
supervisors of election at the polling place,
and the opinion cited was merely oral dicta
of one of the judges applying to that situa-
tion, and has no bearing in case where
there are United States supervisors to be
supported in discharge of their duties by
special deputy marshals.
By section 20I9, United States Revised
Statutes, it is made the duty of United
States Supervisors OF Election ito take, oc-
cupy and remain in such position, from time
to time, whether before or behind the ballot
boxes, as will, in their Judgment, best ena-
bic them to see each person Offering himself
Tor registration or offering to vote" etc. In
section 2022, United States Revised Statutes,
ii Is made the duty of "the marshal his gen.
eral deputies and special deputy marshals,
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 pro-
tect a United States supervisor in the dis
charge of his duties, it clearly follows that
the deputy MARSHAL may occupy any posi-
tlon IN or about the polling place that the
supervisor may occupy, whether before or
behind the ballot boxes, or whether within
or out the guard-rall
Guard Rails Can't Bar Marshals.
The marshal and his deputies in their dis
cretion may pass freely within the guard
rail and station themselves wherever he
deems the performance Of his duties re-
quires. Part of that duty is to see that
the State statute is complied with that Sc
cures TO the voter privacy within the booth
while preparing his ballot. and which pro-
hibits Offering or giving paster to a 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 be necessary Tor a marshal to
his discretion he is the sole judge of the
necessity and propriety of being within the
guard rail or elsewhere Whenever he
deems 1T necessary to occupy a position
within the guard rail it is his law ful right
to do so, and it is his duty to arrest any per-
sen, no matter what his official position NAV
be, who interferes with that right. (Section
5522 United states Revised Statutes).
BY the last cited section it is provided chat
discharge of your duties by any officer or
authority whatever. with or without pro-
cess, excepting alone the authority of an
officer or court of the United States Any +
person, whether sheriff. deputy sheriff po-
lice ofhcer or constable, so interfering with |
you in the performance of your duties, is |
liable to arrest and punishment by the |
United States courts, by imprisonment for |
Two years, or by fine o. $4,000, or both.