Evening journal., 1892-11-04
FEDERAL LAWS Defined
An Important Statement from
the Department Of Justice.
INSTRUCTIONS TO THE MARsHAIs

1ho1hOO11ONo III Ihh MAhSHALS.
The United states Laws Are Paramount
to the state Laws When Conrre-~ncu
and Electors Are Being VOTED nor ar
rests May BE Made without Warrants.
WASHINGTON, Nov. 4-The department
Of justice, through Solicitor General Aid
rich, acting attorney general has issued the
following important stat1nen as TO the re-
lations Of federal and state officers 40 the
election polling places. The attention of
the department having been called to Ger
tain alleged instructions to the police and
state officers in Alabama, Arkansas and
New York with reference to their conduct
toward such deputy United States marshals
as may be in attendance at the polling
places, Acting Attorney General Aldricn
ruled as follows:
Such instructions bring their authors and
all persons attempting to carry them into
effect within the provisions of Secs. 5.5is
and 5,52s Of the criminal statutes of the
United States, which are as follows:
The Law.
Sec 5,5ls-lf two or more persons in any state
or territory conspire TO prevent by force, in
limitation or threat any person from accept
lng or holding any Office, trust or place Of con
ndence under the United States or from dis
charging any duties thereof, or TO induce by
ike means any officer Of the Uuited States tc
leave any state, district OF place where his du
ties as an officer are required TO bo performed
OF to injuro him in his person or property on
account Of his lawful discharge Of the duties Of
nus oince OF while engaged in tho lawful dis
charge thereof, or 10 iniuro his property 80 as
20 molest interrupt, hinder or impede him IN
the discharge of his official duties, each Of such
persons shall be punished by lue OF not less
than $500 nor more than 5000 or by imprison
ment, with or without hard labor, not less than
SIX months nor more than six years, or by both
such fine and imprisonment.
Sec 5,522-Every person, whether with OF
without any authority, power or process or pre-
tended authority, power or process fany state
territory or municipality, who ohstructs, hin
ders, assaults or by bribery, solicitation OF
otherwise interieres with or prevents the super
Nisors Of election OF either OF thom, or the mar
shal or his general OF special deputies or either
OF them IN the performance of any duty re
Quired OF them OF either OF thom. or which he
or they OF either Of them may be authorized tc
perform by the law Of the United States in the
execution Of process or otherwise. or who by
any OF the means before mentioned hinders OF
perverts the free attendance and presence at
such places of registration or at such polls OF
election, or full and free access and egress tc
and from any such place Of registration
OF polls OF election, or in going 10 and
nom any such place Of reeistra
uon or polls OF election, or &c
and from any room whore any such registra
tion or election or canvass OF votes, or Of max
ing any returns or certificates thereof, may be
had, or who molests, intorferes with, removes
or elects from any such place of registration on
polls OF election or Of canvassing votes cast
thereat, or Of making returns or certificates
thereof, any supervisor OF election, the mar
shal on his general or special deputies or either
OF them, or who threatens or attempts or OF
ters so TO do, or refuses or neglects 70 aid and
assist any supervisor of election or the mar
shal or his general or special deputies or eithei
OF them, in the performance of his or THEN
duties, when required by him or them or either
Of them 20 give such aid and assistance. shall
be liable to instant arrest without process and
punished by imprisonment OF not more than
two years, or by fine of not more than s3.OOl
or by both such fine and imprisonment, and
shall pay the cost Of tho prosecution
The Law to Be Enforced.
In view of these provisions it is not
thought that any person or combination of
persons Will seek in any way to interfere
with the marshals in the discharge of their
duties ANY such Interference will be rig
orousy prosecuted. The marshals and
their deputies are at such polling places as
peace officers, and not partisans, and theh
instructions allow no discrimination for OF
against any party. An honest ballot and a
fair count is what the law was designed to
provide, and its constitutionality has been
so strongly upheld, and the paramount
power OF the federal government so clearly
a.
be idle TO discuss that question.
The idea that the United States is not as
much the object Of the peoples love aud pa.
triotism as any state is utterly misohiev.
Gus, although implied in the circulars re.
forred to.
a peace officer Of the United States who
seeks to prevent illegal voting no more in.
yades the rights Of American citizens than
does the peace officer of n state. The i'm.
preston that me federal government is a
foreign power should be obliterated.
The statement that Sec 2,O2l is the only
section authorizing the appointment of
deputy marshals, and therefore that such
appointments can be made only in cities OF
10000 inhabitants or upward, is not the
view OF the law entertained by the attorney
general or myself, nor has such view been
held or expressed by any attorney general
since the enactment of the law. So far as
! can discover, the instructions given hy
Attorney General Taft in his circular letter
of Sept a. 1876, have been continuously ac.
Quiesced in. In this circular he said:
TAFT Quoted.
You win observe that the Especial deputies"
mentioned in Sec. 2t2l of the revised statutes
have peculiar duties assigned 20 them-dutios
which otherwise do not belong TO deputy mar.
fhals. such Especial" deputies can be appoint.
cd only in cities of 2O,OO inhabitants or up.
ward.
But the duties assigned 70 marshals and
their deputies 10y Sec, 2O2s or other like stat
utes hclong TO all duly appointed deputies
whether they be general or be Especial '
within the meaning Of that and the preceding
Eection Deputies to discharge this latter clns.
Of duties may be appointed 70 any number
whatever, according to the discretion OF the
marshal, in an states in which sherEs have a
similar power.
The question whether the deputy mar
shals have the right to be within the guard
rail of the polling places is answered in the
attorney GENERALS circular Of Oct. 81, 1892
ia the Affirmative. As will be observed
Sec. 5,c21 revised statutes, prescribes q
penalty OF imprisonment and fine against
any person who, with or without the
authority Of any state or municipality, in.
terferes with or prevents the marshal Oh
bis general or special deputies from the