The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-11-04
MUST ENFORCE THE LAW.
Instructions Issued by the United States
Marshal or Northern New York.

Marshal or Northern New York.
ELMIRA, n. Y. Nov. Sin reply to the
circular issued by Hon. William F. Sheehan
OF the Democratic Executive Committee.
regarding the rights and duties of Deputy
United States MaTshas at the polls on cleo
tion day, United States Marshal Baxter has
issued letter OF Instruction TO the depu-
ties of the Northern District of New York.
which he declares to be equally applicable
everywhere. In it he says:
William +. Shee han, Chairman of the
Democratic State Campaign Committee, has
Issued a circular in which he assumes to
state the rights and duties of the Special
Deputy Marshals. AS the circular is calcu-
lated to mislead yon in the discharge OF
your duties, and as its statements are con-
trary to the clearly defined provisions of the
Federal statutes, ii seems advisable for me
to add TO instructions already given you.
Sheehan, in his circular, says the United
Stat es Marshals have no more right than
any other voter to be within the guard-rail
OF pollinE-place. and In support OF this
statement cites the decision in certain case
by Justice Brewer Of the Supreme Court.
The case cited is clearly not in point, as 1t
was one where there we're no United States
Supervisors Of Election at polling-place.
IL has no bearing on case where there are
United States Supervisors to be supported
in the discharge Of their duties by the
Special Deputy Marshals.
by section 2019 Of the Revised Statutes 1t
is made the duty of the United States Super
vlsors OF Election to take, occupy and re-
main in such position from time to time,
whether before or behind the ballot boxes.
as will. In their judgment. best enable them
| TO see each person offering himself for reg
| istreton or Offering to vote
And by section 2022 il is made the duty of
a Marshal, his general deputies and special
deputies TO keep the peace and support and
| protect the Supervisors of Election in the
discharge OF their duties,' etc.
| 1T clearly follows" says the Marshal.
that deputy can occupy any position in
| or about pOllinR-place that a Supervisor
| may occupy, whether before or behind the
ballot boxes, or whether within or without
| the guard-Tail. A part Of a MarshaPs duty
| IS to see that the State statute is complied
| with that secures TO voter privacy within
| the booth while preparing his ballot, and
| which prohibits the offering or giving post
| ers TO voter within the rail. Ii is the duty
Oh Marshal 10 enforce all Of the provisions
| OF the State law in conflict with the Federal
| law as to what shall or shall not be done
| within the guard-rail. Ii is his lawful right,
| when necessary, TO occupy q position within
The guard-rail, and it is his duty to arrest
| any person, no matter what his official posi-
lion may be, who interferes with that right"
Section 522 provides that you are ex-
empted from arrest while in the discharge
OF your duty by any officer or authority
whatever, with or without process, excepting
alone the authority Of all officer or court OF
the United States. Any person, whether
sheriff, police officer or constabla, so inter-
1ering with you In the performance Of your
duty, is liable to arrest and punishment by
the United States courts by Imprisonment
for two years or fine OF $1,000 or BOTH"