The Portland daily press., 1892-11-02


Representatives Congress Has the
Chief Power to Regulate. and Enforce
the Regulations-This Includes the Use
of Force If Necessary.
WASHINGTON, November 1.--Attorney
General Miller has issued circular to
United States supervisors of elections,
United States marshals and United
States attorneys in all parts of the
United States in regard to their duties at
coming election. He quotes President
Cleveland's order to Attorney General
Garland requesting him to take general
charge of the appointments of super
visors of election and special deputy
marshals and the performance Of their
duties and compensation, so far as by
the constitution and law, these are un-
der the supervision and control of the
executive branch of the government. He
also gives the instructions to deputy
marshals, dated October Is, 1892, by G.
NJ Dennison, chief supervisor of cleo
tions for the northern district, of New
York, in answer to a question as to
whether special deputy marshals have
the right to be inside the place of regis
tration during the progress of registra-
ton, and whether they can be inside the
polling place on election day outside of
the guard rail Mr.. Dennison stating that
the question was settled by decision OF
the Supreme Court of the United States
and quoting the following points:
Gin Making Regulations for the Election
of representatives, it is not necessary
that Congress should assume the entire
and exclusive control thereof.
Congress has a supervisory power
over the subject, and may either make
entirely new regulations or add to, alter,
or modify the regulations made by
state.
''In the exercise of such supervisory
power, Congress may impose new duties
on officers of election, or additional
penalties for breach of duty, or for the
perpetration of fraud; or provide for
the attendance of officers to prevent
frauds and see that elections are legally
and fairly conducted.
ssThere is nothing in the relation of
the state and national sovereignties to
preclude the cooperation of both in the
The authority of the national govern
ment is paramount, and collisions can
only occur from unfounded jealousy of
such authority.
Congress has power by the constitu-
tion to vest in the circuit court the ap-
pointment of supervisors of election.
''The provision which authorizes dep
uty marshais to keep peace at elections
is not unconstitutional. The national
government has a
Right to Use Physical Force
in any part of the United States to COM
pei obedience to it's laws and carry into
execution e powers conferred upon it
by the constitution. The marshal and
his general and special deputies have the
right and it is their duty to be and re-
main in all places where they can best
discharge their duties, whether such
places be inside or outside the guard
rail. The provisions of federal election
laws are in force whenever representa-
tive in Congress is voted for and when
ever any provisions of the federal law
are in conflict with the state statute, the
federal statutes must be followed
Attorney General Miller endorses these
instru ons, and adds: ''In addition to
the foregoing instructions, add the fol-
lowing: ''In the language of the statute
of the United States, it is the duty OF
the supervisors, in their respective cleo
ton districts or voting precincts, to be
present on the day of registration and
election day, to remain in such position,
whether before or behind the ballot
boxes, as will, in their judgment, best
able them to see each person ering
himself for registration or offering to
vote. and as will best conduce to sc u
tinizing the ma ner in which registra-
ton or voting is being conducted; at the
closing of the polls for the reception of
votes, the are required to place them
selves in such position, in relation to
the ballot boxes, for the purpose of en-
gaging in the work of canvas<ing the
ballots, as will enable them to fully per-
form their duties in aspect to such can
vass, and shall there remain until ever
duty is wholly completed.
sBy section 2022, deputy
Marshals Are Authorized to Arrest
with or without process, any person who
commits, or attempts to commit any
acts or offenses prohibited therein; or
who commits any offence againt the
laws of The United States, but
no person shall be arrested
without process for any offense not
committed in the presences of the mar
shall or one of his general or special dep
uties or one of the supervisors of cleo
ton. The supervisors have like power
to make arrests. Any attempt to inter-
fere with the supervisors or deputy mar
shals in the proper discharge of their
| duties is in violation of law and subjects
| the wrong doer to severe penalty. The
duty and authority of the supervisors
and deputy marshals in the premises are
too plain to be misunderstood.