The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-11-03

ooDJOSe SOAAAAoOho Va OAJuIloQAOtlQu j Aulk uI
ensue, but the authority OF the ma
tional government Icing paramount
collisions can only occur from un-
bounded jealousy of such authority.
Twelfth-Congress had power
the constitution to vest In a circf
court the appointment of superiorsy
election.
Thirteenth-The provision which
authorizes deputy marshals 10 keep
the peace at elections is not uncon-
stitutional. The nationel government
has right to use physical force In
any part of the United States 10 COM
pei obedience to its laws and to carry
into execution the powers conferred
upon 1t by the constitution.
Section 2022 requires that marshal
and his general and special deputies
snail preserve order at places OF regis
tration and at polls, support and pro-
tect supervisors of election, prevent
fraudulent registration and fraudulent
voting or fraudulent conduct on the
|, part OF any officer of election and 1t
must necessarily follow that marshal
and his general and special deputies
their duty to be and remain In all
places where they can best discharge
their duties, whether such places be
inside or outside the guard rail, not
withstanding the provisions of section
10l, chapter $50 of the laws of the
state of New York of 1892, regulating
the number of persons to be admitted
within the guard rail on election day.
The provisions of the federal election
laws are in force whenever a repre-
onnfotiyn in 10 10 l<..x aI 60.
and whenever any of the provisions
OF the federal laws are in conflict with
state statute, the federal statute must
be followed.
Thus runs the Dennison letter, and
after quoting 1t as above Attorney
General Miller continues: "These in
structions in my opinion embody COR
rect views of law. In addition to the
foregoing instructions add the fol-
lowing: In the language Of the stat
ute OF the United States, section 2019,
1t is the duty of supervisors In their
respective election districts or voting
precincts to be present on the day of
registration and on election day to
take, occupy and remain in such posi-
tion from time to time, whether be-
fore or behind the ballot boxes as will
in their judgement best enable them
to SEQ each person offering himself for
registration or offering to vote and as
will best conduce to their scru-
tinizing the manner In which
registration or voting is being con-
Quoted, and at the closing of the polls
for the reception of votes they are re-
quired to place themselves In such re-
lation to the ballot boxes fer the pur-
pose of aiding In the work of canvas
sing ballots as will enable them to
fully perform their duties In respect
to such canvass as provided herein,
and shall remain there until every
duty In respect to such canvass, re-
turns and statements have been fully
completed.
BY section 2022 deputy marshals are
authorized to arrest with or without
process, land arrest any person who
commits or attempts or offers to COM
init any of the acts or offenses pro-
hibited herein, or who commits any
ofense against o law of the United
States, but no person shall be arrested
without process of marshal or one OF
his general or special deputies or one
of supervisors of election" aud super
visors have like power to make ar.
rests. Any attempt to interfere with
supervisors or deputy marshals in the
proper discharge of their duties is in
violation of law, and subjects the
wrongdoer to severe penalty.
The duty and authority of super,
visors and deputy marshals In the
premises are too plain to be misunder
stood, bearing In mind always that
they are officers of the peace as well
as officers of election, and never for
getting that,where state statute con-
| flicts with statute OF the United
States touching these elections the
national statute Is paramount and
must be obeyed. Officers should go
forward quietly but resolutely in the
discharge os their duties without fear
or favor but with o firm determine
tion as far as In them lies, to see that
there Is all honest, free and fair elec-
tion and fair return and canvass 0
\ votes.
| So discharging their duties 1t Is GER
tain they will not be resisted by any
good citizen and 1t is not believed that
without support of good citizens such
resistance will be made by anyone. OF
course all officers will be exrr-cted to
keep the expenses OF SUPERVISOR and
deputy mashals at the b,,est point
consistent with proper discharge of
their duties. In no case can per diem
be allowed them for more than ten
days. and in many, probably most
cases this maximum number of days
will be unnecessary.
w. H. H. MILLER,
| ffornav GouaraI