The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-11-06
UNDER THE EYESOF THELAW
ALL DoTNGs OF DAvENpoRT zMD 'A-

timidation practised against the voters OF this
city But the committee propose to nave ocu-
lar dom onstration Of his methods next lues-
dav. and to that end they will be present In
the Post once building all day. They VIII at
tend before the United States Commissioners
and learn on what Himsy excuses voters are
arrested. and will see whether any inclination
IA manifested to deal with the arrested men
honestly and fairly. The members OF the
committee expect to get better evidence OF
the Force bill character of the present Fed
erol election law by witnessing its operation
tbnn they would have got from Davenport
Ind he been willing to testify before them
They have sent out this notice to registered
voters:
The special committee OF the House OF Representa-
tyes OF the United States appointed to inquire INTO e
supervision and administration of tho election ""sps
Of the United states within tho city county
and state of New York hereby request any reglsterea
voters who may have received threatening letters pur
portlng TO be sent by the Chief supervisor OF Elections
in the southern District Of New York Q, who may cs
arrested on election dsy snaIT are wltn in
dieted tried tor such Offences ana @ sny the
p pSiS1 Ss by sr p Sn
:p ,s. MniRSr t. act Of so CHEZ
e send as ssssay az p Of hs se.
Chairman OF the committee at W Nassau street, NC"
In cases of arrest election day. FOLLOWED ey the
dssn9rss Of The 81 M snc n making tho
ana s n c r OF ,Ss PERSON
ss.nR or claiming act such deputy marshal be
furnished the S9mm n, committee o, the House will
DO eeeon room 80 s an Of .H s
d dnsa x stHsS' may then be order o. the
eommittee. '' AsnrrL p. Fircm. Chairman.
The lawyers IS s i nat tns
business OF his deputies to attempt to decide
whether man who offers to vote Is H Httes amt
G9 to 6nG SG 1syenport this letter Yesterday
S4 M g51s s Ea Eli Ns% aSA lSs JOIN
DEAR 1' s1Rs: i any warrants are to be exc e.
marshals that they have no right to arrest
voters before they have depositeh their ballots;
This aa,est 81 t Sss ~ Fed Rep
153. i5fjP by Mr.. Justice Brewer. then nited
States Circuit Judge and since promoted 10
the United States supreme Court by Presldent
Harrison. In that case the court was asked
whether, when man offers to, vote. he could
Judge Brewer said:
The marshals have nothing TO- say as 70 nnfs
can MARI ares, the he mas voted and take Inn
canno, arrest the n man when Th in the
.S, S1 yo ta4 G say adse 10 '"
This Limitation upon the power OF mar
shals not relaxed IN respect to sunGryisors;
section 2OS 81 u
arrests BY another section t2.022l surer-
visors are allowed to act as marshals in the
in Certain cases in their mid but when they
thus act they take unon themselves the iunc-
tons OF ts seson he aes
shall. and his powers are distinctly limited by
the decision above quoted. e.
is also in accord with Judge Brewers decision.
The portion Of the section in point reads as
follows:
arrested Without M%s any
the day OF registration
THE object OF this section was to prevent
marshals from abusing their power by arrest
ballot. for an alleged offence committed at tho
I'VE feei confident that the courts Of the
United States will not permit violation OF
s your duty duty to correctly instruct and
supervisors. we assume that you VIII comply
with our request and instruct the Federal
supervisors and marshals accordingly. Yours
resfDs ssIp Ksvrsrn1rr. DAVID MCCLURE 1o4s
HorcHx1ss. committee on behalf q the Domo-
cratic party Of the city OF New York.
Snite in the foregoing reH n8 txnrpsox
Francis I.YNDE STETsoN. Henry R. BEEkMANI.
FnASc1s NJ SCOTT. GEORGE !. R1vEs GEORGE H;
point. He returned this reply:
GENTLEMEN: In reply to the r request con-
which reads as follows:
'If any warrants to be executed a,the polls on
d. md 10 ss @ 10
before they have deposited their ballots.
II beg to inform you thnt and my deputies
to prevent fraudulent voting at the polls on
election day: The portion OF the section OF the
law which gives this direction is as follows:
e: az:
voting arrest ana ass aaS
aem r'sen es'' sls acts
offences prohibited herein.
know g, no WAY Of prsgentng man
him when he attempts TO so frandulentiy vote.
II bog to call the attention Of the committee
immediately. arrest the offender before he
votes. and. further: that such arrest is to be
attemptnr 70 fraudusntiy Vote is done i in my
presence or in the presence 81 any OF my OIL
der the law is, as i understand 1t. have no
. doubt that you understand what my actions
SnW YSsS TAS So~ Y Iss States Marshal
The Il ri. n5shs
was sent that 0eR a1 fs asf S sSs""f ESQ.,
gig Sr " , s1s. ~ i ss, =, M.
tned States of Revised statutes and that S
such manner as to convey II wrong impression
as to Its meanin
The section In its entirety was before
Judge Brewer In the case brought to your at:
tentlon in our former communication. and
after careful consideration and construction
OF this section he distinctly declared that no
marshal could arrest man unit! after he had
cast his vote. II accepted by the judges OF
election HL .,.,.,,.. o,,..u,,,o ~. .-
cision OF q United States Judge now upon the
Supreme bench and assert for yourself arhi-
trary power on your mere suspicion to dis
franchise voters
I'VE naturally prefer to rely upon the decls-
Ion OF the courts. Yours. &c,
"DAy1D LEvEsTRIrr. DAVID MCCLURE. JOHN NJ.
Bowers. CHARLES II. KNOX. HENRY D.
THE FIGHT IN MJSNFSOTl