Los Angeles herald., 1892-11-04
DEPUTY MARsHALS' RIGHTS.

An Answer to Lieutenant Governor
Sheehan's Circular.
ELMRA, N. Y, Nov. 3.-In reply t(
the circular issued by William F. Shee
han of the Democratic executive com
mittee regarding the rights of deputy
United States marshals at the polls on
election day, United States Marshal
Baxter has issued letter of instrue.
tions to the deputies OF the northern
district of New York, which he declares
to be equally applicable everywhere. In
it he says. =
"William +. Sheehan, chairman of
the Democratic state campaign commit
| tee, has Issued circular in which he
| assumes to state the rights and duties
| OF special deputy marshals. AS the
circular is calculated to mislead you in
the discharge of your duties, and as its
statements are contrary to the clearly
defined provisions of the federal stat
utee, it seems advisable for me to add to
the instructions already given you.
'Sheehan, in his circular. says United
States marshals have no more right
than any other voter to be within the
guard rail of the polling place, and in
support OF this statement cites decis-
ion in. certain case by Jug
tice Brewer of the supreme court.
The case cited is clearly not
in point, as it was one where there were
no United States supervisors of election
at the polling place. 1t has no bearing
on case where there are United States
supervisors to be supported in the
discharge of their duties by
special duty marshals. By Sec
tion 2019, revised statutes, it is
made the duty of the United States
supervisors OF election to take, occupy
and remain in such position from time
to time, whether before or behind the
ballot boxes as will in their Judgment
best enable them to see each
person offering himself for registration
or offering to vote, and by section 2o22
it is made the duty of the marshal. his
general deputies and special deputies,
to keep the peace and support and pro-
tect the supervisors of election in the
discharge of their duties,' etc."
1t clearly follows" says the mar
shal, "that deputy can occupy any
position in or about a polling place that
supervisor may occupy, whether be-
fore or behind the ballot boxes, or
WuCtHcI WlGulu VI WiIHOuC UD0
guard rail. Part of the marshal's
duty is to see that the state statute is
complied with that secures to voter
privacy within the booth while prepar-
ing his ballot, and which prohibits the
offering or giving of pastors to voter
within the rail. 1t is the duty of the
marshal to enforce all of the provisions
of the state law, not in conflict
with the federal law, as to what ehall or
shall not be done within the guard rail.
1t is his lawful right, when necessary,
to occupy position within the guard
rail, and j. is his duty TO arrest any per.
son, no matter what his official position
may be, who interferes with that right
'Section 5552 provides that you are
exempted from arrest while in the dis
charge of your duty by any officer or au-
thority whatever, with or without pro-
cess, excepting alone the author
ity of an official or court of the
United States. Any person, whether
sheriff, police officer or constable, so in
terfering with you in the performance of
your duty, is liable to arrest and pun
ishment by the United States courts, by
imprisonment for two years, or a fine of
$4,000, or both.'