St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-11-03
Prospects of a Lively Time in
New York on Elec-
ton Day.
Democrats Propose to Stand
Up for Their Rights
Like Men.
Unwapranted Interference OF
Federal Officials to Be
Resented.
Davenports Bulldozeps Will
Not Ee Allowed in the
Booths.

Booths.
New YoRK, Nov. within the
twenty-fouI hours last past birth has
been given to clements which may come
together in this city on election day
with sharp crash. One of the ele-
ments referred to is the announced adj
herence by Attorney General Miller
to the custom Of the past, under Judge
Bradey's decision, in accordance with
which federal supervisors of election
have passed anywhere they deemed
wise within the election enclosures.
The other. and opposing element, lies
in the fact that Lieut. Gov. Sheehan,
chairman Of the New York state Demo
cratic campaign committee, has issued
an address to the Democrats OF the
state in winch he cites Judge Brewers
decision, and he caH on Democrats to
see to it that the federal supervisors do
not enter the booths. Judge Brewer,
of the United States supreme court, has
ruled that supervisors had no right TO
enter booths or go behind the enclosures
where the ballot boxes are.
Have No Right in the Booths.
Secretary Defreest, of the Democratic
state committee, speaking today OF Mi.
Miller's circular to federal supervisors,
and of Mr. Sheehan's opposing order to
Democrats Of this state, said he be
lieVed that federal supervisors had no
right in the booths, and they would not
be allowed to 90 there. He SAID the
Democrats would see TO 1t that they
stayed outside the enclosure where the
booths and ballot boxes are. AND this
construction f0reShad0Ws the possible
clash of the two clements referred to on
Tuesday next. IN his address, MI
Sheehan says:
by section 1S3 Of the code of Grim
inal procedure, any person. either
private person OF a peace officer, may
arrest another, without warrant, Tor
crime committed in his presence ana
take the person arrested at once before
magistrate, This applies to Republi-
can marshaS and supervisors as well
as to any other person"
Then, as though TO press this home,
he adds III black-face type:
"StanG up for car Esi%Ilts.'
democrats, enforce this provision of
the law to the letter aud stand up for
your rights as American citizens"
1t is believed here that, taking this as
authority, the Democratic election off
cials, of this city particularly, will make
stubborn resistance to federal officials
ii they trench upon the lines MI. Shee-
han has officially marked out in oppo-
sition to the directions contained in the
attorney generals circular, issued un-
der the Bradley decision.
That this outcome was anticipated by
the federal officials of this city is evil
denced by the fact that United States
Marshal JacObus, of this city. today
sent telegram to Acting Attorney
General Aldrich calling attention to
what be designated the ''intiammatory
proclamation Of Lieut.. Gov. Sheehan"
III regard TO the presence Of federal
supervisors al polling booths. MIR. Al
drlch responded that he had nothing to
say about the proclamation except 10
refer to the policy Of the government on
this question rs
Outlined la the instructions
iesued to marshals, supervisors, etc.
yesterday He telegraphed Marshal
Jecobus this afternoon To be governed
by the Instructions contained in that
circular.
1t has been today ascertained that the
law officers of the department Of justice
at Washington carefully examined the
statutes and opinions rendered in cases
arising out OF alleged violations Of elec-
ton. statutes before Yesterdays circular
was issued by Attorney General Miller.
The case OF eX parte SiebOd ct al. is
relied on as conclusive of the paramount
rights OF federal authority over state
authority wherever any conflict
arises with respect to the conduct OF
national and state officers at election
for representatives in congress. The
opinion delivered by the late Justice
Bradley in this case has become cele-
DRAFTED, and it is probably quoted more
often than any other opinion in argu-
ments before the United States supreme
court, ii being applied 20 almost all
cases where there is all alleged conflict
between
Federal and State Law.
Mr.. Aldrich. the solicitor general,
holds, it is learned, that the respective
rights of federal and state authorities
are clearly defined in this case.
A considerable part Of the argument
OF the case was devoted TO the conStruc-
ton to be given the words make or
alter'' in the clause of the constitution
comforting on congress power to make
or alter the regulations the states may
prescribe for the conduct of the cleo
tons for representatives in congress.
The supreme court, Justices Clifford and
Field dissenting, held that the words
make or alter" give congress super
YiSOTy power over the subject, and that
congress might make entirely new reg
uationS, might change state regulations
as il saw fit. and might provide for the
Rttendance of officers to prevent fraud
In the conduct of the elections.
The counsel for the defendants had
made much of the possibility that such
construction would lead to collision
between the federal and state authori-
ties, which, OF course, should be avoided.
The court In its opinion answered this
contention with a
Positive Declaration
that conflict could not properly arise,
because the authority OF congress over
the subject is paramount in its regua-
lions and superSedeS state regulations
so far as the latter relate to congress
sional elections. The national and
state Jurisdictions were concurrent. but
wherever conflict occurred the former
was supreme. 1t held that the law au-
thoriZing deputy marshalS to keep the
peace at national elections is not un-
constitutional, and that the national
government has the right to use physi-
cal force in any part of the United
States TO carry into execution the pow
ers conferred upon it.
The leaders of both parties here have
today been further informed from
Washington that Acting Attorney Gen
eral AldTicll sent the following tele-
gram To United States Marshal Walker,
at Montgomery. Ala, tins afternoon:
'.See last paragraph Of circular mailed