The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-11-03
AT THE POLLS.
REPUBLICANS TO TRY TO RULE
WITH A EIGH HAND.

Claims That the Federal Power is
Supreme in Federal Elections-Jus-
tics Bradley's Famous Decision on
the Point-The Orders for Alabama.
WASHINGTON, Nov. 2.-Acting Attorney
General Aldrich sent the following tele.
gram to United States Marshal Walker at
Montgomery, Ala, this afternoon: "See the
last paragraph of the circular mailed yes-
terday. Use your discretion, remember
ing, and so instructing your deputies, that
they are peace officers and not psrtisaus,
and that the law was enacted to secure a
free and honest ballot and fair count" This
was in response to a letter from Marshal
Walker received this morning in which he
said: II will thank you to notify me by
wire il shall exercise my own Judgment
as to the number OF special
deputy marshals to be appointed in Mont
gonery and Mobile coming under the head
of cities Of 10000 inhabitants or more.
ask you for the reason that il will be a diff
cult matter to find suitable number Of
efficient men, men that could be relied upon
in case there is a riot or disturbance on the
day Of election, and l would be glad to
know the full extent Of my authority in
order that may select sufficient number
before hand"
THE LAW IN THE CASE.
The circular referred to by Mr.. Aidrich is
that telegraphed by the Associated Press
last night. The law officers of the depart
ment of justice carefully examined the
statutes and opinions rendered in cases ris-
ing out of alleged violations Of the election
statutes before yesterdays circular was is-
sued by Attorney General Miller.
Ex parte Siebold ct al. is the case which
is relied on as conclusive of the paramount
rights of the federal authority over the
cfafa VIII ~
with respect to the conduct OF national and
state officers at an election for representa-
tives in congress, The opinion delivered by
the late Justice Bradley In this case has be-
come celebrated and it is probably quoted
more often than any other opinion in argu-
ments before the United States supreme
court, 1t being applied TO almost all cases
where there is an alleged conflict between
the federal and state law.
THE CASE DECIDED.
Mr.. Aldrich, the solicitor general said
that the respective rights of federal and
states authorities are clearly defined in this
case. 1t arose over the conviction in the
United States court of Siebold, Tucker,
Burns, Coleman and Bowers, judges of
elections in Baltimore in 1878 on
q charge of resistance to United
States supervisors of an election
and deputy marshals in discharge
Of their duty under sections 2O16,.. 2017 :,
202l and 2022 of the Revised Statutes. The
defendants, after their conviction, applied
for a writ of habeas corpus and set up a
plea that the regulations violated were void
for want of constitutional authority in con-
gress to enact them. A considerable part
OF the argument of tine cases was devoted to
the construction to be given the
words make or alter" in the clause
OF the constitution comforting on
congress power to make or alter the regula-
40 nafo VS1or he for Nk1
duct of elections for representatives in con-
Rress. The supreme court, Justices Clifford
and Field dissenting, held that the words
make or alter" gave congress supervisory
power over the subject, and that congress
might make entirely new regulations, might
change state regulations as it saw fit and
might provide for the attendance of officers
to prevent fraud in the conduct of elections.
SUPREME POWER CLAIMED.
The counsel for the defendants hadsmade
much OF the possibility that suoh q con-
sruction would lead TO a collision between
the federal and state authorities, which of
course, should be avoided. The court, in it's
opinion, answered this contention With a
positive declaration that a conflict could not
properly arise because the authority Of
congress over the subject is paramount
and its regulations supersede state regula-
tons, 80 fer as the latter relate to
congressional elections. National and state
Jurisdictions were concurrent but wherever
conflict occurred rhe rmcr was supreme.
1t held that the law authorizing deputy
marshals TO keep the peace at national elec-
tons is not unconstitutional, and that the
national government has right to use
physical forcs in any part Of the United
States TO carry into execution the powers
conferred upon it,
sHERHAN's CIRCULAR.
nited States Marshal Jacobus of New
York sent a telegram to Acting Attorney
General Aldrieh to-day calling attention to
the "inhammatory proclamation of Lieut..
Gov. Sheehan" in regard to the presence Of
federal supervisors ab the polling booths.
Mr.. Aldrich said he had nothing to say
about the proclamation except to refer to
the policy Of the government on this ques-
ton as outlined in the instructions issued to
marshals, supervisors, ETC., yesterday. He
telegraphed Marshal Jacobus this afternoon
70 be governed by the instructions con-
talned in that circular,
The "infiammatory proclamation" referred
10 by Marshal Jaoobus is in the shape of a
poster distributed by the New York state
democratic committee throughout that
state. 1t is q sheet almost 2x3 feet and is
printed in fiaring lettering. Here it is:
DEMOCRATS ENFORCE THE LAW.
/. No federal supervisor can ,enter polling
o3otn with another voter for any purpose
Whatever, not even if he is selected by dis
aoled voter;he cannot 20 beyond the guard rail.
l: :. R. S sections 2017 and 2O19 and section 10l
oI the state election law,
x United States marshals have no more
Hght than any other voter to be within the
guard rail of polling places, but must stand
outside along with other persons. " Per
brewer j., U. S. supreme court, % federal rep
4 D. No person shall, while the polls are open
at any polling place, do any electioneering
within such polling place or within $50 feet
Merefrom in any public street or ROOM or in a
PUBLIC manner. Election law, section 1902
a. ANY person who electioneerS on election
aay Within a polling place or in public street
VI room, or in public manner, within $50 feet
VI polling place, is guilty Of a msdemeanor.
tehAI Code section Al, K
Il a BY section 1873 OF the code of criminal pro-
velure any person, either private person or
RI .eace officer; may arrest another without war
ant ,sut Tor crime committed in his presence and
@He the person arrested at once before a
nag strate. This applies to republican mar
mas and supervisors as well as TO any other
tTerson. Democrats, enforce this provision
# I'm " the law to The letter and stand upon your
knts as American citizens. Do not permit the
espnolcans to use rooms or buildings within
i,f iI feet Of the polling plase for the purpose OF
,.nolng voters. You have power TO prevent it,
, l IL ls your duty TO arrest all such malefec-
WVt WILLIAM SHEEHAN. .
NGsirman Democratic State Campaign Com
nttee.
EXTRACTS FROM THE OPINION