The times. [volume] (Richmond, Va.) 1890-1903, 1892-11-04
MAUSHALS AT THE POLLS.
In Opinion Rendered BY Acting BttOr-
n0y-GtleTaI AldriCh,
SIMPLY 4 REPUBLICAN WARNING.
tn" Op ~nion Oecaslooed by Alleged Re
ports o. Interference on the fart OF
Democrats IA several states.

this afternoon Issued the 1OhOWl'h li
portant statement as 10 the relations Of
Federal and State officers at the election
polling places. The attention Of the De
partment having been called to certain
alleged instructions to the police ana
State officers IN Alabama, Arkansas ana
New York with reference 20 their conduct
towards such deputy United States mar
shal as may be IN attendance at the poll
ing places, Acting Attorney AID
rich ruled as follows:
Such instructions bring their authors
and all persons attempting TO carry them
into effect within the provisions Of sec
tions 55lS and 5522 Of the criminal statutes
OF the United States, which are as fol-
lows:
Section 55lS. II two or more persons
in any State and Territory cOnspire to
prevent, by force. intimidation or threat,
any person from accepting or holding any
Office trust or place Of confidence uncer
the United States or from discharging
any duties thereof, or 10 induce by Ike
means any officer OF the United States
TO leave state district or place, where
his duties as an officer are required 10
".
person or property on account OF his law
ful DISCHARGE of the duties of his office, or
while engaged I'm the lawful discharge
thereof or 20 injure his property so as
to mOlest Interrupt, hinder or impede
him in the discharge Of his official duties;
each Of such persons shall be punished
by a fine OF not less than 1--WE hundt.a
nor more than FIVE thousand dollar n'
by imprisonment with or wit
ert, al hl
more than six years, or w both' s".
fine and imprisonment.
Section 5522. Every person whether v..a
or without any authority, power proco.s.
or pretended authority, power or pro- a5
OF anv State Territory or municipM'f
who obstructs. hinders assaults, or. hr
bribery. solicitation or otherwise int
feres with or prevents the SUPERVISORS OF
election, or either Of them, or the mar
shal, or his general, or special deputies,
or either of them, or which he
or they or either Of them, may
be authorized to perform by any law Of
the United States. In the execution or
process or otherwise. or who, by any or
the means before mentioned hinders or
perVcrts the free attendance and presence
at such places Of registration, such polls
Of election and free access and egress 10
and from any place of registration, or
poll OF election, or in going TO ana from
any such place Of registration or poll OF
election, OF 90 and from any room, where
spy such registration or election or cam
Vass of votes or, Of making any returns
or certificates thereof, may be had, or
who fnolests. interfcres with, removes or
elects from any such place Of registra-
tlon or poll Of election, OF OF canNasslHS
votes cast thereat OF Of making returns
or certificates thereof, any supervisor
N...n hi Ii or
spacial deputies, or either Of them, Who
threatens or attempts or offers so TO do'
or refuses. or neglects to aid and assist
any supervisor Of election, or the mar
shal or his general or special deputies.
or either of them, in the performance
OF his or their duties, when required by
him. or them, or either OF them, 10 give
such aid and assistance, shall be liable 10
instant arrest without process, and shall
be- punished by Imprisonment not more
than TWO years, or by a fine Of not more
than three thousand dollars or by both
such fine and imprisonment and snail
pay the cost Of the prosecution
Ia view OF these provisions, 1t is not
thought that any person OF combination
of persons win seek in any way TO inter-
fere with the marshais III the discharge
OF their duty Any such interference
viii be vigorously prosecuted. The mar
shals and their deputies are at such polling
places az peace officers and not parusdns,
and their Instructions allow no dlscrinl-
nation for or against any party. An
honest ballot and fair count is what
the law was designed to provide. and its
eonstitutionality has been 80 strongly up
held and the paramount power of the
Federal Government so clearly asserted
by the Supreme Court that it would be
idle TO discuss that question, The idea
that the United States is not as much
the object OF the peoples love and pa
trlOtism as any State is utterly mis-
chieyous. although implied in the circu-
lars referred 10. The peace officer OF the
United States who seeks to prevent He
gal voting no more invades the rights Of
American citizens than does the peace
officer OF a State. The impression that
the Federal Government is a foreign
power should be obliterated.
The statement that section 202l is the
emily section authorizing the appointment
cf deputy marfhals, and therefore that
such appointments can be made only in
cities Of 20 900 Inhabitants or upward, is
not the view Of the law entertained by the
AStorney-General OF myF elf, nor has su IN
view been held Or expressed by any
Attorney General since the enaC Ctment Of
the law. So far as / can discover the
instructions given by Attorney General
Taft in his circular-letter Of September
4, 1876, have been continuously acquiesced
in.
In this circular he said: "You will OBJ
serve that the special deputies mentioned
in section 202l Of the Revised Statutes
have peculiar duties assigned 10 them;
duties which otherwise do not belong TO
deputy marshals."
Such special" deputies can be ap-
pointed only in cities Of 10000 inhabitants
or upward.
But the deputies assigned 10 marshals
and their deputies by section 2022, or other
Ike statutes belong to all duly-appointed
deputies, whether they be general or be
special within the meaning Of that
and OF the preceding section Deputies
70 discharge this latter class Of duties
may be appointed 10 any number what
ever according TO the discretion OF the
marshal IN an States in which sherif1s
have "A similar power
The question whether the deputy mar
fhals have the right 10 be within the
guard rail- OF the polling places is an
hweieo IN the Attorney-Generals circular
OF pctoDer 81 IsSz, IN the Affirmative. As
VIII be observed, section 5522 OF the Re |
vlscd Statutes prescribes n penaltv OF /
imprisonmnt and fine against any person |
who. with or without the authority Of /
any State or municipality, interferes with /
or prevents the marshal or his general /
or special deputies from the performance |
or any duty, or hinders or prevents their
fun ard free access and egress 10 and |
from any such place OF registration or
poll or election, or 10 or from any /
room where any such registrar or cleo
tloh or canvass OF votes may be |
had
The statutes are so clear and explicit
that really cannot see any room for
6Ihcunsion. I do not believe thar any