New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-03
POWER OF FEDERAL OFFICERS.
TIE SUPREME COURT DECISION IN THE
SIEBOLD CASE.
yArroxA1 AUTHORITY PARAMOUNT WHEN THE

NATIONAL, AUTHORITY PAKAMOl NJ "H'-' '''''
VOTING is FOR REPRESENTATIVES,.
Washington Nov. 2--Tho law officers OF 'he ~
na-tn1ent OF Justice carefully examined the 'U''
and opinions rendered in cases arising o"' VI u"
Icrcd violations Of election statutes before N"-'FN
.,or ,-os ,..1,ed nv Attorney General MNNrF' fN
na,+e Sictod et al IS relied on as conclusive o u' pau
oopn1 rights OF Federal authority over stat" A"'h"'"
wherever any conflict arises %ith ro'le" " Wv
conduct Of National and state ohc''S al r'.''' -
Rcnr4 sentativcs IN Congless. The opinion 1'N'r'
- the Ia,e Justice BRADLEY In this ca,c has become
celebrated and It l. probably quoted more thh am
,h ord,ion In. arguments before the United S"''''
.,nreme Court IL being applied to almost al Gus,
,h.,. there is an alleged conflict between feue'a'
and state law. , ,. ,,
Nr AMnch. the solcitor General said tha' 'he
r.sp.ctive rights of Federal and state huth'',,''
are clearly defined In his case IL ar'se oee' 'n,,
oo,,,c,,on I'm the United states Court OF sieDoiu
r,,cr., purns Coleman Bowers Judges OF elecuoHs
In baltimore In 1873, on charge OF res'S''".
United states Supervisors OF Election anu peP"'' '"'
bels I'm the discharge Of their duty, uider Se'"'"'
. oIG oO17 2O2l and ,O22 OF the Revised S'''u'cN.
The defendants after conviction appheo lor WIZ VI
haoeas corpus and up plea that the regulations
they violated were violated iOI want Vi '''''
authority 70 enact them
4 considerable part 81 the argument oi ,''o '"
was devoted tO the construction 70 be eiN'h hc "''
,noLe or alter In the clause Of the Constitution ''h
Tlrnc on Congress power to make Or aI'eT inc KS"
,t,ous the states may prescribe for the cohdu'' "l
""o'' v" p,n,.c,.ativcs in Congrcs, Tho
supreme Court Justices Clifford and Field di''thu"1'
.it ,hot tlc word, make o all"r' gave congress
.uncryisory power the subject ana thH' ''n
mss might make entirely new I'snlauoi'' mliI'
change state regulation, II saw ht add might p!"'u'
for tbe attendance OF officers 70 prevent irhud III ''
conduct Of the elections. TIL" counsel I'r '"' ~
tud,,.ts had made mach Of The possibility tiat sac"
ead a
Federal and state auth )riiic which Oi Co"ise' 'ho
be avoided. .,..
The cnnr in II, opinion answered this contention
with a .ro,tiye declaration that conflict could mol
prnpcrlv arise because the authority o congress over
The subject IS paramount and II regulations super
,e -t:c rcgudiiOus 90 far a ihc 'u'f rc'p 1t" '
,r.s.ioua elections. The National and State jurls
,,.,,l.r. v.r. concurrent but wherever conflict
.o,rrod the former was supreme. II held that the
,r authorizing Dcputy AIar.has t. keep the pace at
national elections Is not unconstitutional ana that 'hc
National Government has the right 70 use phN 'lcHi
force In any part Of The United states l" carr! "'
xcc,,ion the powcrs conferred upon 1t. III" follow"
,o or.. oxtracts from the more important parts OF
the opinion
The regulations made b. Congress are parlmon,
10 inn.n made ly the state Legislature. and II t'N
conflict herewith IA" latter % lar a. tht col'Ilc'
unssiiIy arise There is not the slightest difficulty
{y =, b3rmouio,s combination into one system OF thc
-, made by the two sOvcrcIgnii"s any more
than there is I'm the Of prior and sub@cqucht
,unctuents of the sam" legislature. The HGdIhlDhs
~ Congress being cOnsitulonally paramount: IA,
duties Imposed thereby upon TIE oIhcor, "I t' ''"
staIs " far as they have respect 10 the same it'
must necessarily be paramount "a tho.c 10 DE per
formed by the officers Of the stat". " both calho
be performed The latter are pro ta'o suprs''u' an"
cpa "a Ia he duties ~ u necessary r'hN'"l'O"'''
such officers and agents the Federal o'hrcrol nl,'
have the requisli" authority 70 act ~ltLOul ODsTW
t,.n or Interference the oif"r OF III" r1atc.
As general rule IT is douht cAIcdien' and wi,'
thot the operations N the State and National Govern
,nrnts should Il, far a. prcti' able BE- tondulcI sep
ar,fely I'm order - avOii undue jcilJu>lc' ana jar
and conflicts Of jurisdiction and power. But there
mo- rca .nn for having this down aS rue ~ uiNer
.nrlicaflon should never be- mace 70 oTcrilnc We
,iin and manifest dictates Of the CONSTITUTION h,"li
We cannot WELD 10 such trtnscendenta we" 0t NtHe
sovcrignty. The Constitution and laws OF ne 'nhcd
states ARE the supreme law Of the land ana 10 these
.verv citizen OF every state owes 0h"lch'c Nh''H,I
,n his ndivdu: official cap1clN. -. III
,,b.t we have said must be tcrcmr'irh thht We
rn 1onlng only with the subject OF elections oi rep
e.ut1tIvc, to Congress. II for IL own conv"l"l'
.tatr see. ~ t. elect stat" and county 0h'rrs ai
r,o came time. and I'm conjunction with "" election
- r. scntnti~cs Congress viii not b. thereby dr-
,,i,,.i OF the right 10 make enlaton- ~ ,'iciiFc
=, the latter We 90 moi mean - say however
hat FOR any acts " The Officers OF election. havin
n"iraivn reference the election Of state or county
oejcers they Will b' amcnabe to Federal Ju"s"c''i