The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1892-11-04
may CAUSE TROUBLE
The Circular TO United States IafshalS
Regarding Elections.
MORE ABOUT THE STATUTES
Instructions to Deputy Marshals
In New York State-Another
Statement From WASH
tnGton.

ELNIRA, n. Y. Nov. SIN reply to the
circular issued by William r. Sheehan Of
the democratic executive committee re-
garding the rights and duties of deputy
United States marshals ut the polls ON
election day, United States Marshal
Baxter has issued letter of instructions
to the deputies of the northern district of
New York, which he declares to be equally
applicable everywhere. In II he says:
"William +. Sheehan, chairman Of the
democratic state committee. has issued n
circular in which he assumes TO state the
rights and duties of special deputy mar
shais. As the circular Is calculated to
nislead YOU in the discharge Of your du-
ties, and as its statements are
contrary to tho clearly defined
provisions Of the federal statutes, Il
seems advisable for me to add 10 the in
structions already given you. Shcehan,
IN his circular. says that United States
marshals have no more right than any
other voter to be within the guard rail of
polling place. and In support of this
statement cites decision in certain case
by Justice Brewer of the supreme court.
The case cited is clearly not in point,
rs IL was one where there were no United
States supervisors Of election at the poll
ing place. 1t has no bearing in the case
where there arc United States supervisors
to be supported in the discharge of their
duties by special deputy United States
marshals.
by sec. 2.109 revised statutes, il is made
tho duty Of United States marshals 10 SUI
pervise elections, ito take, occupy and re-
main in such n position from time to time
either before or behind the boxes as in
their Judgment will best enable them to
sec every person who is Offering himself
for registration of Offering TO votc,' and
by section :,022 IL is made he duty Of the
marshal. his general deputies and specials
10 keep peace and support and protect
their duties etc. II clearly follows, says
tho marshal, that deputy can
occupy any position in or about
polling place that the su.
pervisor may occupy whether before
or behind the ballot boxes. or whether
within or without the guard rails. Part OF
the marshal's duty is TO see that the state
statute is complied with that secures to q
voter privacy within the booth while pre-.
pairing his s-bafiot, and which prohibits the
offering or giving of pastors TO voter
within the rail. II is the duty of the mar.
shal to enforce all of the provisions Of the
state law not in conflict with the federal
law as to what shall or shall not be done
within the guard rail. 1t is his lawful
right when necessary to occupy position
within the guard rail, and IL is his
duty to arrest any person no mat ter wha,
his official position may be, who interiors
with such rights. Section 5,222 provides
that you are exempt from arrest while in
the discharge of your duties by any officer
or authority excepting alone the au,horit,
of an officer or court Of the United States
Any person whether sheriff. police officer
or constable SO interfering with you in the
performance of your duty is liable to ar
rest and punishment by the United States
courts by imprisonment for two years or q
fine of 81, coo or both"