New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-06
Mr.. DAVENPORT'S POSITION.
HE WRITES TO THE POLICE BOARD.
A DECLARATION THAT FEDERAL OFFICERS NAY
ARREST MEN BEFORE THEY HAVE VOTED.

A DECLARATION THAT FEDERAL OFFICERS MAY
ARREST MEN BEFORE THEY HAVE VOTED.
Chief Supervisor OF Elections John !. Davenport
yesterday addressed letter to the Police Commis-
soner, of Now York calling their attention to instruc-
tons issued by the Police Board to the police force
In November 1890, which Mr.. Davenport says were
Intended to be construed by the force as direction
them to 1t that no person should be arrested
before voting. He proceeds:
SO far as l am advised that order has never
dcatons that it the purpose Of the force to again
interfere with the surrvls0rS ana Specal uepu'y
mar halls. | trust that this Is not the case but l
desire to call your attention and, through you the
attention OF the force, to the law as dehhitey settled
by the courts OF the United states TO the end tnat no
member either Of beard Of the force under YOU
shah be for moment mised, either as 10 the law OF
the action which | shall take II mere De as any
time In the future a repetition OF the proceedings
sectlon 202e of the Revised statutes the United
and special deputies shall among other things, /" i'm
Ing place. or elsewhere aud either before after
registering voting, arrest and take Into Gus
mts attempt to )ner TO commit, any Of the acts
or offences. prohibited herein. or who commits any
section 5522 OF said Revised Statutes also provides
that. Every person, whether with or without any
powHr Or process of any State territory or mS,
niclpalty, who obstructs binders, assaults, or by
prevents supervisors of election either Of them,
In the performance Of any duty required OF them,
either Of them which he or they or either Of them,
may be authorized 10 perform by any law Of the
United States In the execution Of process or other
wise. or who moests, interferes WITH removes or
elects from any such place Of registration poll Of
election, or OF canvas ing votes cast thereat, or Of
visor Of election. the marshal his general special
deputies either OF them, who threatens, or at
tenpts or offers % 70 do or refuses or ncgecs 10 aid
and assist any supervisor Of election the marshal
or his general or special deputies or either Of them In
the performance OF his their duties whore required
n ~
assistance shall bc liable OF instant arrest without
process; ana shall be punt shed Sy imprisonment not not
$4,000 by both Tich fine and imprisonment. and
shall pay the cost of the prosecution.
Mr.. Davenport quotes numerous decisions OF United
states Court Judges show that these statutes have
been interpreted to clotlle the United States super
visors with the power 10 make arrests Of persons I'M
properly registered upon their offering 10 vote. In
of these Judge Drimmond. I'm the District Court
Of tho United states for the Northern District of Illinois
(GeIsser 4. Fed. Rep 1851, says: "There seems to
be some mlsapprehension in the public mind to the
rights Of the officers OF the United states in cases Of
this kind as though they were inte.lrlng with the
rights Of the state OF the city. II Is Got The
United States has the undoubtcd rGlt TO Interfere In
all where there Is registration OF voters for an
election OF members Of Congress. and whore that in
reference under the auth9r y of the United
states there be law which Is paramount to it7
Other decisions from the United states reports are
given. Mr.. Davenport closes bis letter rs fellows:
] desire 10 add that both personally and officially
there Will be conflict between the National
and the state aud municipal auhori les. Ihei" should
be none and there can be none unless II arises from
the efforts Of certain gentlemen who, without a
shadow of authority in he matter u enforcing the
election laws OF either tho Nation the state have
nssumed 90 direct both the electors OF the state and
The officers OF the United states IL the rights
powers and duties ~ United state officers.
~ individual is giyer any authority 10y tie laws o.
the nij.d states TO instruct ,he supervisors of cl'c
ton ave the Chief supervisor. and such officers will
pi4n fhn roc % % son
II Is the intention OF the United States protect
It's Officers in the discharge OF ther duties and IN the
preservation OF the peace. and II will De extremely
unfortunate IT, By reason 0: the action Of selfcon-
stutcd cOnservstors Of the peace. seeking only TO
secure partisan success by overriding the laws ard
Ignoring the decisions of the highest tn the nnd
officers OF the state municipality shall be swerved
from their plain duty and their subcrdinates shall BE-
lpd Into the commission Of criminal acts Of violence
which only result In their arrest conviction and
punishment. have the honor to BE- very respectfully
yours
Join l. DAVENPORT Chief supervisor Of Elections.