Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-11-05
PROSPECTS OF TROUBLE.
A Possible Clash Between State and Fed
ersl Authority Discussed at Albany.

Special Dispatch to The Evening Star
ALBANY, \. Y, Nov. 5-The prospect Of
trouble between the federal election officers,
the United States supervisors and marshais and
the state election officers grows more certain
every day. Chairman Sheehan's instructions
have raised a hubbub in the republican camp.
and there are threats Ct the drest nature on
both sides. The conflict Of authority arises on
the particular and very important point under
the Australian ballot Law in this state which
provides among other things that the state in
spectors of election may order a sheriff or con-
stable to arrest any person who 'sbal refuse 70
obey the lawful command Of the inspectors"
or any one guilty OF disorderly conduct in thsir
presence or hearing who shall interrupt or dis-
turb their proceedings"
Ii also provides that mo person shall be ad-
mitted within the guard rail during such
period (from the opening until the closing OF
the polls) except such inspectors. poll clerks,
ballot clerks. duly authorized watchers lsll
state election officers) persons admitted by
the inspectors TO preserve order or enforce the
law, persons duly admitted for the purpose OF
voting and persons duly admitted TO assist dis
abled voters, and in New York and Brooklyn
the members of the board of canvassers.
The law also provides that no one shall enter
a booth with a voter unless such voter makes
affidavit 20 the election officers that he is ply
sicslly disabled and cannot prepare his ballot
without assistance; all other persons are denied
the privilege TO remain within $50 feet Of the
polling place and only those above specified
can go behind the guard and act or enter
voting booth. 1t was upon these points that
Lieut.. Gov. Sheehan especially cautioned
democratic officials 40 enforce the law 10 the
letter and stand upon their rights as American
citizens"
MARSHAL BAxrER's CIRCULAR
Tho excitement is heightened by circular a
Archie E. Baxter. United States marshal for ths
northern district of this state, in which he
starts out by saying: william r. sheehan,
chairman Of the democratic state campaign
committee, has issued circular, in which he
assumes to state the rights and duties Of special
deputy marshals As his circular 10 calculated
TO mislead you in the discharge OF your duties
and as Its statements are contrary 10 clearly
defined provisions Of the federal statutes q
tions already given you"
He then proceeds to deny the applicability
of the authorities cited BY Sheehan and theo
gives directions specifically contradictory vlth
the democratic instructions. He says .'1hs
marshal and his deputies NAV. In their discrer
ton, pass freely within the guard rail and So
ton themselves where per he deems performaocs
Of his duties requires him. Part OF that duty =
10 see that the state statute IL complied vftA
which secures to the voter privacy vi>hin
and which prohibits Offering or giving passsr
to . voter within the guard rail II is The du1y
of marshal to enforce all provisions Of ~
state law not in conflict with the federal Au -
to what shall be done and what shall not b
done within the guard rail. In the exerc1se q
his discretion he is the sole judge Of the necss-
sity and propriety Of being within the guard
rail or elsewhere. Whenever he deems Il neces-
sary TO occupy position within the guard re1l
IL Il his lawful right to do 90, and II y his du>v
70 arrest any person, no matter what his o0c1A
position may be. Who interfsrss With ~
right"
He also adds that any constable o. polics a.
hosr interfering with The duttss OF ths fsdss.l
t00~sisssd o. sszsA Pasal