The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-11-04
Instructions Of Acting AttOrney-General
Aldrieh.
THE FEDERAL LAW Is PARAMOUNT.
United States 6fiiterS Have Authority TO Watch the
Vote and The COunt-They Will Be
Firmly Sustained.
Special to THE MORNING CALL.

WASHINGTON. Nov. 3.-Acting Attorney
General Aldrich, IN a statement touching
the authority of the United States Deputy
Marshals to supervise elections, says that
all persons who attempt TO interfere with
them will bring themselves within the
scope OF the Federal statutes, regardless of
whether they are acting under any State or
municipal law. In view Of this fact he
says he does not believe anybody will at
tempt to interfere with them, but any such
Interference will be vigorously prosecuted.
The statement says the attention of the
State Department has been called 10 the
matter through certain alleged instructions
to the police and State officers in Alabama,
Arkansas and New York with reference to
their conduct toward the United States
Marshals at the polls.
''Such Instructions" SAYS the Acting At
torney-General, ''briDg their authors and all
persons attempting to carry them into effect
within the provisions of sections 55lS and
$500 OF the Revised Statutes of the United
States" which he quotes in full. The
statutes declare that the Marshals are there
as peace officers, instructed not to allow dis
elimination for or against either party. but
to secure IAN honest ballot and fair
count" An honest ballot and a fair count
is 8UaL TIE laW WAS UeSlB8tu 10 pIOFiut.
and Its c0nstltutonality has been so
strongly upheld and the paramount power OF
the Federal Government has been so clearly
asserted by the Supreme Court that it
would be idle 10 discuss that question. The
idea that the United States is not as much
an object Of the peoples love and patriot
ism as any State Is utterly mischievous,
although implied in the circular referred to.
A peace officer of the United States who
seeks TO prevent illegal voting no more in
vades the rights of American citizens than
does peace officer of the State. The i'm
preston that the Federal Government is 4
foreign power should be obliteTated.
lie says the statement that section 202l is
the only section authorizing the appoint
ment OF Deputy Marshals and that, there
fore, such appointment can only be made IN
cities of 10000 people and upward. is not
the view held by the Attorney-GeEera or
himself. nor has such a yiew been held by
any previous Attorney-General.
The question whether the Deputy Mar
shals have the right to be within the guard
rail of the polling places is answered in the
AttOrney-GeneraPs circular OF October 81,
1892, In the affirmative. AS will be observed
section 1922 of the Revised Statutes pre-
scTibes the penalty of Imprisonment and
hne against any person who with or with
out authority OF any state or mu-
nicpality interferes with or prevents
the Marshal or his general or special
deputies from the performance of
any duty, or hinders or prevents the full and
free access and egress TO and from any such
places Of registration or poll OF election, or
TO or from any room where any such regis
trdtion or election or canvass of votes may
be held"
THE statutes are so clear and explicit
that really cannot see any room for dis
cnssiOn. do not believe that any attempt
viii be made TO violate this law or carry
out the rRv,lBtiOnaEy- and dangerous policy
announced in the dispatches referred to. Ii
such action is attempted of course trouble
will come, as the same law prescribes the
penalties against any deputy who fails 10 do
his duty. Such results all good citizens.
irrespective of party. should deplore, and
the consequences would fall upon those
whose rash course led to such unwarranted
resistance to the power Of the Federal Gov
ernment-a power which the Supreme Court
of the United States has declared para.
mount. when a member OF Congress or
Presidential elector is 10 be voted for, to
any State law or authority.
Upon this subject | will add that this Ia
not a partisan question, and they are not
good citizens. in my opinion, who seek 20
make it one. No party can justly hope to
deserve TO win success by the defiance or
violations Of the law Of the land. However
that may be, our duty is plain. The laws
must be enforced. The Marshals are warned,
under the penalties of the law, against any
interference with the rights Of citizens, and
at the same time they will guard and pro-
tect such rights at whatever cost"