Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1892-11-02
POLITICAL ARENA.
Instructions to MarshaIs as to
Their Election Duties.
News Of a Grand Republican Victory
ForetoId Along the Line.
The Democrats Losing Courage as They See
Their Chances Fade Away.

W ssuISGTs.S Nov l-ittornev General
Miller has issued q circular TO nited States
supervisors of elections, United States
marshaIs and United States attorneys in all
parts of the niteti States in regard to du-
ties at the coming election. He quotes
President CleyeIantis order TO Attorney
General Garland. requesting him tn take
general charge of the appointment of super
visors of election and special deputy mar
shals. and the performance of their duties
and compensation. as far as by the eousti-
tuition and law, these are under the super
vision anil control of the Executive branch
of the government.
He also gives instructions to deputy mar
shaIs dated Oct. Is, 1882, by c. NJ. Denni-
SON chief supervisor of elections for the
northern district of New York, in answer
TO question as to whether special deputy
marshalS have right to be inside the place
Of registration turing the progress of regis
,ration. and whether they Eau he inside the
polling place on election dav outside of the
guard rail. Mr. Deunison stating the ques-
ton Is settled by the decision of the su-
preme court of the United States, quoting
the following points
In making the regulations for the cleo
ton of representatives, it is not necessary
that Congress should assume the entire and
exclusive control thereof. Congress has
supervisory power over the subject, and
NAV either make entirely new regulations
or add to. alter, or modify the regulations
made by the state.
In the exercise of such supervisory
power, Congress may impose new duties on
the officers of election, or additional penal
ties for a breach of duty or for the perpe
tratlon of fraud or provide for an attend
ance of officers to prevent frauds and see
that elections are legally and fairly con-
ducted. There is nothing in the relation of
state and national sovereignties to preclude
the cooperation of both in the matter of
elections of representatives. The authority
of the national government is paramount
aud collisions can only occur from I'M
founded Jealousy of such authority.
Congress had the power by the coustltu
ton to vest in the circuit court the appoint
ment of the supervisors of elections. The
provision which authorizes the deputy mar
shals to keep peace at elections is not un-
constitutional. The national government
has the right to use physical force in any
part of the United States to compel obe-
oieDce to its laws and carry into execution
the powers conferred upon it by the consti
tuition.
The marshal and his general and special
deputies have the right and it is their duty to
he and remain in all places where they can
best discharge their duties, whether such
places be inside or outside the
guard rail. The provisions of the federal
election laws are in force whenever a rep
resentative in Congress is voted for and
whenever any provision of the federal law
are in conflict with the state statute the
federal statutes must be followed"
Attorney-General Miller endorses these
instructions and adds: ain addition
to the foregoing instructions, add the fol-
lowing: In the language of the statue of
the United States. it is the duty of the su-
pervisors, in the respective election dis
tricts or voting precincts, to be present on
The day or registration and election day, to
remain in such position, whether before
or behind the ballot boxes, as will in their
judgment best enable them to see each per-
son offering himself for registra-
lion or offering to vote, and as will best
conduce to the scrutinizing manner in which
the registration or voting is being con
Quoted and at the closing of :he polls for
the reception of votes. they are required to
Iidtt ttiFitiAtiNt7 III Nh' II pcohAph' M ~
laiion to the ballot boxes, for the purpose
of engaging in work of canvassing the
ballots, as will enable them to fully per
form the duties in respect to such canvass.
and shall there remain until every duty is
wholly completed.
BY section 2022, deputy marshals are
authorized to arrest with or without pro-
cess. any person who commits, or attempts
to commit, any acts or offenses prohibited
therein. or who commits any offense against
the laws of the United States, but no person
shall be arrested without process for any
offense not committed in the presence of the
marshal, or one of his general or special dep
uties or one of the supervisors of election.
Supervisors 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 the law,
and subjects the wrongtloer to a severe PEN
atty. The duty and authority of the deputy
marshals and supervisors in the premises
are too plain to be misunderstood.