The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-11-04


Election Supervisors Marshals.
WASHINGTON. Nov. S.-Acting Attorney.
general Aldrich to-day made an important
statement with reference to the authority
of United States deputy marshals or super
visors of elections. ia which he announced
that all persons who attempt to interfere
with those officers bring themselves
within the scope of criminal stat
utes of the United States. regard
less whether or not they act under any
State or municipal statute. He says that
in view of these statutes 1t is not thought
that any person or combination of persons
will seek in any way to interfere with the
marshals In the discharge of their duties.
but that any such interference will be
vigorously prosecuted. The staten cnt is
as follows:
THE attention of the Department of JUS
tice has been called to certain alleged ir-
structions to the police and State officers
in Alabama, Arkansas and New York with
reference to their conduct towards such
deputy United States marshals as NAV be
In attendance at the polling places. Such
instructions bring their authors and oil
effect within the provisions Of Sections
5516 and 552 of the criminall statutes Of
the United States which are as follows:
Section 55le. II two or moro persons in any
Stale or Ter ritory consllre 10 prevent by force,
intimidation or threat any person from accept
ing or holding any office. trust place of coni-
dence under the United States, or from discharg-
ing any duties thereof. or to induce by like
means any officer OF the United States to leave
any state, district or place whero his duties
All officer are required 10 be performed, or 10 in
(nrc him In his person or property on account Of
his lawful discharge Of the duties OF his Office
or while engaged In the lawful discharge thereof,
or to injure his properly so as to molest, inter
rupt. hinder or impede him in the DISCHARGE OF
his official duties each or such persons shall be
punished by fine OF not less than $500 nor
more than 81, 900. or by imprisonment, with or
without hard labor, not less than six months nor
more than six years, or by both such fine and i'm
prisonment.
Section 1922. Every person, whether with or
without any authority. power. or process. or pre-
tended authority. power process, of any State,
Territory municipality. who obstructs. hinders.
assaults or by bribery, solicitation or otherwise
mIseTes spsresors w1h of esstiou etbee
OF them. or the marshal or his general or
special deputies, or either of them. in the per-
formance of any duty required OF them. or either
of them, or which ne or they, or either Of them,
may be authorized 10 perform by any law of the
United States, in the execution OF process or
otherwise. or who by any OF the means before
mentioned hinders or perverts the free at
tendance and presence at such places OF regstra-
ton or at such polls of election, or full and free
access ndegress TO and from such places OF regis
trat.on poll of election, in going to and from
any such place OF registration or poll OF election,
or to and from any room where any such regis
tration, or election. or canvass OF votes. or of
making any returns or certificates thereof may
be had, who molests, interferes with. removes or
tons ton tsp or pol l pD of election SS st'' or Of
canvassng votes thereat. of making
returns or certificates thereof any supervisor
of election, the marshal or his general or special
deputies, or either OF them or who threate ms. or
attempts, or offers so to do, or refuses, neg
lects 10 aid and assist any supervisor OF election,
a-f fhar ahol hia npa nj dor
ties. or either OF them ia the performance OF his
or their duties, when requested By him, or them,
ance shall be liable to instant arrest. without
process, and shall be punished by imprisonment
not more than two years, or by fine or not more
than 5000 or by both such line and inprison-
ment, aud shall pay the cost OF the pros secut0n.
OBJECT OF THE LAW.
SIN view of these provisions it is not
thought that any person or combination Of
persons Will seek in any way to interfere
with the marshHls In the discharge of their
duties. Any such interference will be rig
orously prosecuted. The marshals and
their deputies are at such polling places as
peace officers, and not partissns, and their
Instructions allow no discrimination for or
against any party. An honest ballot and q
fair count IS what the law was designed to
provide, and Its constltutionality has
paramount power OF federal gov
eminent so clearly asserted by the Su-
preme Court that IL would be idle to DIS
cuss that question. The idea that the United
States ia not a. much the object of the peo-
Piles love and patriotism as any State is
utterly mischievous. although implied in
the circulars referred TO. A peace officer
of the United States who seeks to prevent
Illegal voting no more inyades the rights
of American citizens than does the peace
officer OF q State. The impression that the
federal government is foreign power
should be obliterated.
The statement that Section 202l is the
only section authorizing the appointments
of deputy marshsls, and therefore. that
such appointments can be made only IN
cities of twenty thousand inhabitants OF
upward. is not the view of the law enter
tained by the Attorney-general nor has
such n view been held or expressed by any
Attorney-general since the enactment of
the law. So far as / can discover the In
structions given by Attorney-gener Taft
in his circular letter of Sept. IA. 1876. have
been continuously acQuiesced in. In this
circular he said:
"You will observe that the special deputies
mentioned in Section 2031 of the Revised stat
utes have peculiar duties assigned 10 them;
duties which otherwise do not belong to deputy
marsltais. such special deputies be ep
pointed only in cities OF 10000 inhabitants oI
and their deputies by Section 2o22. or other like
statutes. belong 10 all duly-appointed deputies
whether they be general or be special within
the meaning OF that and the preceding section.
Deputies To discharge this latter class OF duties
may DO appointed TO any number whatever.