The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-11-03
No Marshals or Supervisors Have
Been Appointed for the
Coming Election.
The Government refused to Pay
the Deputies Who Served
In 1890.
The Omeers May he Appointed In Towns
which Have 10000 Inhabitants
or Upwards.

States marshals will be appointed to be at
the polls in Montana at the election next
I}Tuesday. 1t has been the practice of the
marshals heretofore to appoint special
heputies. At the last congressional election
Marshal Furay followed the example of his
predecessors, but when his accounts were
sent to Washington the claims for the com
yensation of the deputies were not allowed.
Attorney General Millef's circular as tele-
graphed from Washington does not state
the PROVISION Of the United States statute
that tho deputy marshals may be appointed
upon the application OF two citizens of any
town containing 10000 inhabitants or up
wards. Neither does it state the section
of the same statute quoted below:
"Whenever, in any city or town having
upward of 20, 600 inhabitants, there are two
citizens thereof, or whenever, in any county
or parish, in any congressional district,
there IRE ten citizens thereof of good stand
ing, who, prior to any registration OF voters
for an election for representative or dele
gate in the congress- OF the United states.
or prior to any election at which a re- re-
sentative or delegates in congress is to be
voted for, may make known in writing. to
the Judge Of the circuit court of the United
: tates for the circuit wherein such city or
town, county or parish IL situated, their
QeBlr6 TO ndV6 huCu NckiSpiapAohs " puSh
election. or both. guarded and scrutinized,
the Judge, within not less than ten days
prior to the registration, if one there be, or,
If no registration be required. within not
less than ten days prior to the election.
shall open the circuit oouIt at the most con-
venient point in the circuit.
1.-The court, when SO opened by the judge.
ehall proceed to appoint and commission,
from day to day and from time to time. and
under the hand of the judge, and under the
seal of the court. for each election district
or voting precinct In such city or town, or
for such election district or voting precinct
in the congressional district, as may have
applied in the manner hereinbefOre pre-
Boribed, and to revoke, change, or renew
such appointment from time to time. two
citizens, residents of the city or town, or of
the election district or voting precinct in
the county or parish, who shall be of differ
ent political parties, and able to read and
write the English language, and who shall
be known and designated as supervisors OF
election"
The appointment Of the supervisors men
toned in the circular has not been made in
Montana, no application having been pre-
scented to the circuit court as provided in
the section of the United States statute
quoted.
The supervisors under the law as stated
by Attorney General Miller. and mar
shals also, are clothed with great powers
The circular says:
There is nothing in relation to the state
md national sovereigntles to preclude the
cooperation of both in the matter of cleo
tions of representatives. If both are equal
in authority over the subject, collisions OF
jurisdiction might ensue, but the authority
of the national government being para
mount, collisions can only occur from the
nnfounded jealousy of such authority.
Congress has the power by constitution tc
vest in the circuit court the appointments Of
...-.;,-., ~ alnnktrno Thn pntinpn
government has the right to use physical
force in any part of the United States te
compel obedience to the laws and carry into
execution the power conferred upon it BY
the constitution.
The law requires that the marshal and
deputies have the right and it is their duty
to be and remain in all places where they
can best discharge those duties, whether
such places be inside or outside OF the guard
rail on election day. The provisions of the
federal election laws are in force whenever
representatives in congress are voted for
and whenever any provisions OF the fedora
law are in conflict with the state statute the
federal statutes must be followed"
After quoting as above, Atty.-Gen. Miller
says in his opion these instructions embody
the correct views of the law. In addition
lie adds, that according to the statute it is
the duty of the supervisors to be present or
registration dav and election dav, ito take
occupy and remain in such position
whether before or behind the ballot boxes
as will in their judgment best enable then
to see each person offering himself for reg
istration or for voting, and "a will best con-
duce to scrutinizinq the manner in which
the registration or voting is conducted, and
at the closing of the polls they are required
10 place themselves III such a position IL
relation to the ballot boxes for the purpose
of aiding in the work of cGnvassing the bal
lots as will enable tlen 70 fully perform
their duties. and they ball remain ther,
until every duty ia wholly completed.
Attorney General Miller tuI ther says tina
deputy marshals are authorized to arrest
with or without process, any person VIII
commits, or attempts to commit, or offer
to commit any acts or offenses prohibite'
by this act, or who commits any otfens
aoains the laws of the United States; but IL
person shall be arrested without process TO
any offense not committed in the presenc
of a marshal, or one of his general o
e ecial deputies, or one of the supervisor
of election.
The supervisors have like power to max
a~rrests, and any attempt to interfere wit
the supervisors or deputy marshals in tn
discharge of their duties is q violation o
the law and subjects the wrong doer to
severe penalty.
Gov. Toole and Hon. w. w. Dixon at tn
opera house Tonight. Big democratic
rally of the campaign. Everybody in
vited.
n I.ltn,-f ~. L.r.N Dn,nt-4,nfu,. ol..ai