The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-11-02
UNCLE SAM AT THE POLLS
TEE ATTORNEY GENERAL ISSUES
AN INF ORTANT CIRCULAR.

Supervisors and Deputy United States
Marshals instructed as to Their Du-
ties at Elections for Pre- sident and
Members of Congress-A Circular Of
Attorney General Garland Quoted.
WASHINGTON, Nov. attorney Gen.
eral Miller to-day issued circular to the
federal supervisors OF election, United
States msrshsls and United States attor-
neys, In which he quoted an order issued by
President Cleveland to Attorney General
Garland, Oct. 5, 1886, in these words:
DEAR SIR-You are her by requested to take
general charge and direction of the execution
OF the statutes OF the United States touching
the appointment of supervisors OF election and
special deputy marshals, and the performance
OF their duties and their compensation, so far
as these subjects are by the constitution and
laws under the supervision and control of the
executive branch of the government.
This order Attorney General Miller says
is general and has never been revoked.
He then promulRates a circular of in
struotions for the guidance of deputy mar
shals and incidentally Of supervisors, is
sued Oct. Is, 1892, by the chief supervisor
of elections for the Northern district Of
New FORK, written as q general couStTuc.
tion OF the law in reply to letter asking il
special deputy marshals have right to be
inside place OF registration during the
progress of registration. and whether they
can be inside a polling place on election day
outside of the guard rail-"
SUPREME COURT RULING CITED.
The supervisor gives resume of the de-
cision of the United State supreme court in
the cases Of the Baltimore city election
judges IN 1878. in which the constitution
alitY Of the federal election law was upheld,
and adds to that resume these paragraphs:
Section 2022 requires that the marshal and
his general and special deputies shall preserve
order at the places of registration and at the
polls, support and protect the supervisors OF
election, prevent fraudulent registration aud
fraudulent voting, or fraudulent conduct on the
part OF any officer of the election, and it must
necessarily follow that the marshal and his
general aud special deputies have q right and
it is their duty, to be and remain in all places
where they can best discharge their duties,
whether such places be Inside or outside the
guard rail notwithstanding the provisions
Of section l01, chapter $50, laws Of the state Of
New York, 1892, regulating the number Of
persons who are to be admitted within the
guard rail on election day. The provisions of
tho federal election laws are in force whenever
whenever any provisions OF the federal law are
In conflict with the state statute the federal
statutes must be followed.
THE INSTRUCTIONS ENDORSED.
Attorney General Miller then proceeds
to say: "These instructions. in my opinion,
embody correct views Of the law. Iu ad-
dition to the foregoing instructions l add
the following:
''ln the language of the statute Of the United
States, section 20l9, 1t is the duty Of the super
visors, in their respective election districts or
voting precincts to be present on the day Of
registration, aud on election day, ito take oc-
cIpy, and remain in such position, from time 70
time, whether before or behind the balIos boxes,
as viii, in their Judgment, bes5 enable Ghem
to see each person Offering himseh for regisrra.
bost conduce to their scrutinizing the man
per in which the registration or voting is
being conducted; and at the closing of the polls
for tue reception Of votes, they are required to
place themselves in such position ia relation
to the ballot boxes, for the purpose Of engaging
in the work Of cGnvassing the ballots, as viii
enable them TO fully perform their duties in
respect to such canvass provided herein, an
shall there remain until every duty in respect to
such canvass, certificates. returns and state
ments Aas been wholly completed.
POWER TO ARREST.
By section 2022 deputy marshals are author
izsd to arrest, with or without process any per-
son who commits, or attempts or offers 10 com
NIT, any OF the acts or o1fenseS prohibited
herein, or who commits any offense against tho
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 deputies, or one of
the supervisors of the election; and supervisors
lave like power to make arrests. Any attempt
TO interfere with supervisors or deputy mar
shals in the proper discharge of their duties is
violation Of the law. and subjects the wrong
d0eT TO @ severe penalty.
The duty and authority of supurvis ors and
deputy marshals in the premises are too plain
to be misunderstood. Bearing IN mind always
that they officers of the peace as well as
officers of the election, and never forgetting
that where a state statute conflicts with the
statute of the United States touching these
elections, the national statute is paramount and
must be obeyed, these officers should go forward
quietly, but resoutely, in the discharge of their
duties, without fear or favor, but with firm
determination, 80 far as in them lies, under the
law, to see that there is an honest. free and
fair election and a fair return aud canvass of
the votes SO dischargng their duties It is
certain that they will not oe resisted by any
good citizen; and it Is not believed that with
out the support of good citizens, such resist
snce will be made by any one
or course all officers will be expected to
keep the expenses of supervisors and deputy
mArshals at the lowest point consistent wi II
proper discharge OF their duties.
In no case can per diem be allowed them for
more than ten days, and in many, probably
most, cases this maximum number of days will
be unnecessary.