Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-11-05

United States District Attorney Mitchell Of
New York Gives His Views.

United States District Attorney Mitchell Of
New York Gives His Views.
The following has been sent out in New York:
"OFFIcE OF THE UNITED STATES ATTORNEY FOR
THE SOUTHERN DISTRICT OF NEW York,
NEW YORK, Nov. 3. 1892.
| ITO John ". Jacobus, United States Marshal,
and John /. Davenport, Chief United States
Inspector o: Elections:
"Sirs: VIM. Sheehan, chairman democratic
campaign committee, has called on democrats
| to enforce the law.
"Mr. Sheehan declares, first, no federal super
visor can go behind the guard rail This is not
| the law.
1.-The law directs supervisors TO take such
position. whether before or behind the ballot
boxes, as will in their Judgment best enable
them TO perform their duties.
1.-The law reads as follows (C. s. Revised
Statutes. section 2017): The supervisors of
election required to attend at all times and
places for holding elections for representatives
or delegates to Congress and for counting the
votes cast at such elections to be and remain
where the ballot boxes kept at all times
after the polls are open until every vote cast at
such time and place shall be counted. and to
personally inspect and scrutinize from time to
time and at all times on tine day Of election the
manner in which the voting is done
''Section 20l9 reads as follows: The better to
enable the supervisors of election in the DIS
charge of their duties they are directed, on the
day Of election, to take, occupy and remain in
such position from time to time. whether be-
fore or behind the ballot boxes as WILL in their
judgment. best enable them to see each per-
son Offering to vote. and as will best conduce to
their scrltniZing the manner in which the
voting is being conducted.
MIR. Sheehan further Declares
"'Second. United States marshals have no
more right than any other voter to be within
the guard rail Of the polling places.
This is not the law. In any case in which
the supervisors Of election may call United
States marshal to support and protect them be-
hind the guard rail in any other position,
whether before behind the ballot boxes,
which they may. in their judgment, have taken
and be occupying. the United States Revised
Statutes (section 2022) reads as follows:
1.-The marshal and his general deputies and
such special deputies shall support and pro-
tect the supervisors of election in the discharge
of their duties
The foregoing extracts from the statutes are
quoted for the sole purpose of calling your at
tention to the law as advertised by Mr.. Sheehan
and do not include all the duties and powers
conferred by law upon the federal supervisors
and marshals, each one of whom will acquaint
himself with the provisions Of the election laws
of the United States, and especially with sec
tions 20l7, 201S, 2O19, 2O22 and 2O24 Of the
U. S. Revised Statutes.
Especial attention is called to the require
ments Of section 20lS, which reads follows:
ITO the end that each candidate for the Office
of Representative or delegate in Congress may
the supervisors of election are. and each OF
them is, required to personally scrutinize.
count and canvass each ballot in their election
district or voting precinct cast whatever may
be the Enforcement on the ballot or in whatever
box it may have been placed or be found
rim lv traf nat oanh evsa ~
election and deputy marshal that whenever
there 10 any conflict between the law of the
United States and the law Of the state the law
of the United States is paramount?
"You will also please inform all such SUPER
visors Of election and deputy marshals that the
United States intends to carry out the provis-
ions Of section 2019 Of the United States Revised
Statutes and to see that every supervisor of
election and every deputy marshal, if requested
to support him by such supervisor Of election,
shall be allowed to take any position behind the
guard rail he sees fit on election day, and that
any person interfering with them in any way
while they are in the performance Of their duty
behind the guard rail in any polling place on
election day can at once be arrested without
process under section 1922, United States Re-
vised Statutes.
II would suggest that copy Of this letter
should be furnished TO each supervisor Of cleo
| ton and deputy marshal.
VERY respectfully. EDWARD MITCHELL,
Attorney Of the United States in and for
the Southern District of New York ~
rAnNANY's PLANS.
The committee Of lawyers appointed by Tam
many Hall to take action against Federal Super
visor Davenport prepared a letter to be sent to
Davenport. Following is the letter:
NEW YoRx, Nov. 4, 1891
John l. Davenport, ESQ.,, chief supervisor Of
elections, &C.:
Dear Sir: We understand that IL Il contem-
| plated by you to make certain arrests Of cleo
tors OF this county for alleged Illegal reeistrs-
/ ton.
II such onense Of Illegal registration has
been committed by any person &c vps com
united either a. early ~ the 11th day Of Octo-
Der, 1897, the first day Of registration, or, in
any event, not later than the 18th day Of Octo-
! ber, the last day Of registration.