The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-11-02
FEDERAL OFFICERS AT THE POLLS


Instructions From the Attorney General
state Laws Must stand Aside.
WAsHINsroS CRY, Nov. l.-Attorney
General Miller has issued a circular to
United States supervisors of election,
United States marshals and United
States attorneys in regard to their
duties at the coming election.
The attorney general refers to
the fact that on October 5, 1888, Presi.
dent Cleveland requested Attorney Gen.
eral Garland to take general charge and
execute the statutes touching the appoint
ment Of supervisors of election and special
deputies and the performance of their
duties and compensations, so far as the
subject is under control of the executive
branch Of the government. Miller then
says he believes the authority thus given
his predecessor Is general and has never
been revoked.
He then embodies in the manifesto a
letter Of G. NJ. Dennison. chief supervisor
OF elections of the Northern district of
New York. under date OF October Is, 1892,
in which Dennison issues instruc-
tons for the guidance of deputy mar
shals and incidentally of supervisors.
Dennison's letter is clearly written in
response to an inquiry from subordinate,
and Miller quotes for the purpose of IN
dorsing its provisions. In the letter Dem
nison, in answer to the question if special
deputy marshals have q right to be in
aide the place of registration dur
ing registration. and whether they can
be inside the polling place on
election day outside the guard rail, says
the question was settled by the decision of
the supreme court of the United States in
ex parte Albert Siebold. Walter Tucker.
Martin G.. Burns, Louis Coleman and
Henry Bowers, who were Judges
of election in the city of Balti-
more in November. ISIS. They were in
dicted and tried for alleged offenses, con-
victed and sentenced TO tine ana imprison-
ment They applied to the supreme court
for writ of habess corpus TO be released
from imprisonment on the ground
that the election law was unconsti-
tutionai. The decision of the suprme
court was against the petitioners. IL hold
Ing that congress had power to pass the
lrw. and in making regulations for the
election of Representatives il was not
necessary that congress should assume
entire and exclusive control thereof.
Congress has supervisory power over
the subject and may either
make entirely new regulations or
add 10, alter or modify the regulations
made by the states. There is nothing in
the relation ot the states 10 the national
sovereignty to preclude the cooperation
OF both IN the matter of the elect
Ing OF Representatives. If both
are equal in authority over the
subject collisions of Jurisdiction
might snsue. but the authority Of
the national government being paramount.
collisions can only occur from unfouudei
jealousy Of such authority. Congress has
power by the constitution 20 vest in the
circuit court the appointm ent of the SUPER
visors Of elections. The national govern
mens has the right 10 use physical force in
any part OF the United States 10 conneI
obedience 10 the laws and carry into exc
cutton the powers conferred upon IL by the
constitution. The law requires that the
marshal and deputies shali have the right.
and IL is iiis duty 10 be and remain in all
places where he can best discharge his
duties. whether such places be INSIDE
or outside the guard rai Notsith.
standing the provisions OF New York state
regulating the number OF persons admitted
within the guard rail on election dav, the
provisions OF the federal election laws are
in force whenever represe natives in con-
gress are voted Tor, and whenever anv
provisions Of the federal iaw con!lict with
the state statute she federal statute must
be followed.
After quoting as above. Attorney-Gen-
cral Miller says that in his opinion the
instructions snhody = correct view OF the
Law. In addition he says that according
20 the ssatHse il Is the duty of super
visors TO be present on registrs-
ton dag and on election day; 10
take, occupy aud remain ia such position,