The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-11-05
DAVENPORT CALLED DOWN.
TIE DEMOCRATIC LAWrERS SEND
HIM 4 U4RNING.
Arbitrary detention OF Jiis yicuus Over
Election Day ana the within Delay of A ~
rests IntN then U III Not be InIrrntrd

Arbitrary detention OF Jiis yiciIms Over
Election Day ana the within Delay OF Ar-
rests Cntn then " III Not be Tolerated.
The committee Of lawyers appointed by
the Tammany Hall Committee OF Thirty to-
represent tho Democracy OF this city and pro-
tcct citizens in their right to vote. met In tho
| office Of the Chairman. David Leventritt, Mt
$50 Broadway. yesterday. ind ns result OF
their conference sent the following letter to
the Federal Chief Supervisor OF Elections.
aitor they had been unable to find him at lis
downtown Office in tho Post Office building:
. IA. "NEw York. Nov. 4. 1902.
'DEARSIR: We understand that IL ia con.
templated 10y you to make certain arrests OF
,sset9rs oil this county for alleged Illegal reg.
II such offence of Illegal registration has
Teen committed ly any person, II was com.
mittcd either rs carly as the ith day OF Octo-
Der. 1872 the III st dry OF registration. or. in
any event. not later than the 10Th day of Octo-
Der, tho last day OF registration.
The lists OF each day s registration are at
once placed in your hands. ana YOU must have
long since completed your work OF INSPECTION
e" 1t has frequently happened. however. that
you have wi hheld max ng arrests for alleged
illegal registration until election day. and. as
rested until the election was over thereby
.cnusing tIo eiector To- lose his vote. even
though entitled TO cast 1t.
As you can Just as well execute your war.
rants for illegal registration now as on cleo.
non uiF. we nave 10 request that you VIII
forthwith issue and execute any warrants you
may intend to issue tor Illegal registration. in
order that the c!cctor, 1t entitled to his dis
charge. shall receive tho same in time to cast
his vote.
which you act was not to interfere with lawful
voters. but to punish and restrain illegal vot.
ing. we tako 1t for granted that You will co.
operate will us In determining all such Ques-
tons in advance of tho day Ut election. aud
that you Will therefore comply with our re.
quest
In this connection VIC call your attention to
the decision rendered by tho United States
Circuit Court fvr tho southern District Of New
York in tho matter of Sro"nrr. reported in
volume % Ahhotts, New, Cases. pagc 4sl. in
which case 1t was held by Judges ltlatchford
and Choate that 1t IL an offence within the
United States Revised Statutes. section 5,5l5.
II an election officer Intentionally delays oxe.
cutting u warrant tor tho arrest Of one charged
with illegal registration until election day in
ordor TO prevent his voting. and also that 1t is
equally SO to threaten arrest tor the purpose
OF deterrinE from voting. Tho opinion or
Judge Cboate in that case Is cvuched in the
following languages:
"Purposcly omittins to servo warrants until eiec.
ton day. for the purpose OF preventing pc"r!e from
voting, wond he a breach Of DUTY on The part OF tue
Chief Supervisor or the DcputysMarsha.'
Mr.. Justice Blatchiord tho following lan-
guage:
at makes difference whether this marshal had
these not. 1t is Just much oaence for
prevent their voting ms IL would be 10 keep back
warrant aud execute 1t on shat day for that object.
ford. and associate. Judge Choatc both tnat
where man can be arres,ed before election dA! rs
vel as not he ought to BE- 80 ARRESTED T. there - any
rested before thnt day II must be presumed TO he for
the purpose OF nreyenling him from voting and eonss'
Quently unlawful"
tf,ll,