The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-11-04
CZARS OF THE ELECTION.
ABSOLUTE POWER CLAIMED FOR
DEPUTY MARSHALs.

eues otaJement OF his Sweeping
Claims-Men Who Issued Opposition
Instructions Declared Amenable to
the Criminal Statutes of the United
States.
WASHINGTON. Nov. S-Ths acting At
torney General, Mr.. Aldrich, to-day made
an important statement with reference to
the authority Of the United States deputy
marshals to supervise elections, In which he
announces Shat all persons who attempt to
interfere with these officers bring them
selves within the scope Of the criminal stat
utes Of the United States, regardless Of
whether or not they act under any state or
municipal statute. He says that IN view of
these statutes IL is not thought that any
person or combins tton OF persons will
seek in any way to interfere with the
marshals In the discharge of their duties,
but that suoh Interference will be grossly
prosecuted.
The statement begins by saying that the
attention of the department Of Justice has
been called to certain alleged instructions
TO police and state officers in Alabama, Ar
kansas and New York with reference to
their conduct toward deputy United States
marshals at the polls. Il declares that the
marshals are there as peace officers, and
that their instruosions are not to allow dis
"a
secure ''an honest ballot and q fair count"
IL denies the doctrine of the supremacy
OF the states over the United
States in this matter OF elections,
and says that the impression that the fed
eral government ts a foreign power should
be obliterated. II says that the statement
thav section 2021 10 ths only section author
ixiug the appointment OF deputy marshals,
and therefore that such appointments can
be made only in cities OF 10000 inhabitants
or upward, Ia not the view entertained bv
the Attorney General or himself, nor has
suoh q view been held by any preceding
Attorney General
With reference to the question whether
deputy marshRls have a right to be within
the guard rail Of the polling places 1t is said
that it has teen answered in the Attorney
Generals circular of Oct. 81 last, and that
the statutes are so clear aud explicit that no
room is seen for discussion.
The statement concludes; 1.-THE laws must
be enforced. Marshals are warned under pen
alties OF the law against any interference
with che rights of citizens and at the same
time they will guard and protect such rights
at whatever cost" Instructions In accord
ance with these views will be sent TO United
States narshals in all parts Of the country.
TEXT OF THE STATEMENT.
Following ia the text OF the statement:
The attention Of the department Of justice
has been called TO certain alleged instructions
police and state officers in Alabama Arkansas
and New York with reference to their conduct
towards such deputy United States marshals as
may be in attendance at the polling places.
Such Instructions bring their authors and all
persons attempting to carry them into effect
within the provisions Of sections b5lS and $500,
of tho criminal statutes OF the United States,
which follow:
or territory conspire to prevent by force, in
limitation or threat, any person from accept
ing or holding any offcs trust or place OF con
fidence under the United States or from dis
charging any duties thereof OF to induce by
like means any Officer of the United States to
leave any state. district or place, where his
duties as an on1csr are required to be performed,
or to injure him In bis person or property on
account OF his lawful discharge of the duties of
his Office, or while engaged In the lawful dis
charge thereof. or to tBiure his property SO as
to molest. interrupt, hinder. or impede him in
the discharge OF his of1cIal duties; each of such
persons shall bo punished by fine of not less
than $500 nor more than 81, $50, or by imprison-
ment, with or without hard labor not less
than six months nor more than six years
or by both such fine aud imprisonment.
TIE SECTION REFERRED TO.
Sac. s52e Every person, whether with or with
out any authoSity power or process; or pre-.
tended authority, power or process Of any state,
territory or municipality who obstructs, hin
ders assaults or by bribery, solicitation or other
wise interfsres with or prevents the supervisors
OF an election, or either OF them, or
o marshal or his general or special deputies
or either OF them, in the performances or anV
duty required OF them, or either of them, or
which he or they, or either of them may be
authorized to perform by any law Of the United
States, In the execution OF process or otherwise,
or who by any OF the means before mentioned
hinders or prevents free attendance and pres
ence at such places OF registration or at such
polls of election, or full and free access and
egress TO and from any such place OF re1istra-
tion or poll OF election, or In going to and from
any such place OF registration or poll Of cleo
tion or 70 and from any room where any such
registration. or election or canvass OF votes or
or making any returns or certificates thereof
may be had: or who molests, iuterferes with
removes or elects from any such place of regis
tration poll of election, or OF canvassing votes
cast thereat, or of making returns or certificates
thereof, Ruy supervisor OF election, marshal,
or his general or special deputies, or either OF
them; or who threatens, or attempts, or offers
so 60 do, or refuses neglects to aid and assist
any supervisor OF election, or marshal or his
general or special deputies, or either OF them,
in the performance OF his or their duties when
required by him or them, or either of them, to
give such aid and assistance, shall be liable to
instant arrest without process, and shall be
punished by imprisonment not more than two
years, or by fine OF not more than So 000 or by
both such fine and Imprisonment, and shall
pay COST OF prosecution.
Resistance TO BE PUNISHED.
In view OF these provisions it is not thought
that any person or comb nation of persons will |
seek in any way to interfere with marshsls in
the discharge OF their duties. Any such inter-
ference will be vigorously prosecuted. Mar
shals and their deputies are at such polling |
places as peace officers, and not as partisans |
aud their instructions allow no discrimination |
for or against any party An honest ballot |
and o fair count is what the law was designed |
to provide, and It's constitutionality has been |
go strongly upheld aud the paramount |
power OF the federal government SO clearly as |
sorted by the supreme court, that it would be |
idle to discuss that question. The idea that the |
United States 10 not as much object OF the |
peoples love and patriotism as any state is |
utterly miSchevous, although implied in the |
circulars referred to. peace officer Of the |
United States who seeks to prevent illegal vot- |
ing no more invades the rights OF American !
citizens than does q peace officer OF a state |
The impression that the federal government is |
a foreign power should be obliterated.
THE POWER OF APPOINTMENT
The statement that section 2021 is the only |
section authorizing the appointment Of deputy |
marshals, and therefore, that such appoint |
ments can be made only in cities OF 10000 in |
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 30 far as / can discover the instruc- |
tions. given by Attorney General Taft in his |
circular letter OF Sept. T. 1876, |
have been continuously acquiesced in. |
In this circular be said: ''You |
win observe that the special deputies men |
toned IN section 202l OF the Revised Statutes
have peculiar duties assigned TO than dutiea |