The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-11-02
Instructions Issued by the United
States AttOrney.CeneraI.
POWERS OF THE DEPUTY MARSHiLS.
1hey Must Take Positions 10 Prevent Illegal Voting,
and Arrest All ViolatOrs Of the
Federal Laws.
speeial to THE MORNING CALL

WASHINGTON. Nov. Attorney General
Aihier has issued a circular to the United
states Supervisors of election, United
states MarshalS and United States Attor-
neys 10 regard to their duties at the coming
erection. At the outset the Attorney
Genersl refers to the fact that on October ),
1887, President Cleveland requested Attor-
hey-Generai Garland to take general charge
ana direction Of the execution of the
statutes touching the appointment of super
Vlsors OF election and special deputies. and
the performance OF their duties and their
compensation so far as subject to the super
vision and control of the executive branch
OF the Government
Miller then says he believes the authority
tnus given his predecessor Is general and
mas never been revoked. lie then embOdies
in the circular the letter of c. NJ. Dennison,
cnief supervisor Of elections for the northern
district OF New York, under date of October
ls, 1872, in which Dennison issued instruc-
uons Tor the guidance OF Deputy Marshals
anu incidentally of supervisors. The Dem
nlson letter was clearly written in response
TO an inquiry from subordinate and Miller
provisions
In the letter Dennison, in answer to the
questions If special Deputy Marshals have
thc fghl 10 be Inside the place of Tegistra-
tlon during registration. and whether they
can ne inside OF p0lllng-place on election
DAY outside the guaTd-rail, says these Ques-
tons were settled by decision of the Su-
preme Court of the United States in the
gases OF Albert Sebold, Walter Tucker,
martin I. Burns, Louis Coleman and Henry
bowers. VINO were judges of election in
baltimore In November. 1873. They were
indicted and tried for alleged offenses con-
Victed and sentenced TO fine and imprison-
ment. They applied to the Supreme Court
IoF writ OF habeas corpus to be releas ed
from Imprisonment, on the ground that the
federal election law was unconstitutional.
lhe decision of the Supreme Court was
against the prisoners. ii holding that Con-
gress had power to pass the law, and in
making the regulations for the election rep
resentatives il is not necessary that Con-
gress should assume the entire and exclu-
sive control therOf.
Congress has a supervisory power over
the subject and may either make entirely
new regulations or ada to, alter or modify
The regulations made by the States. There
is nothing IN tie relation of the States and
the national sovereignty to preclude the CO.
operation OF both IN the matter of elections
OF REPRESENTATIVES. If both are equal in
authority over subject collisions OF juris-
dlctIon might ensue, but the authority of
the National Government being paramount,
collisions can only occur from an unfOunded
IrhlON-- u sucu tulNOTllY. congress mas
power the constitution 10 vest in the Cir
cult G. at tile appointment of supervisors
Of elections. The National Government has
the riFhs to use physical force in any part
OF thu nlted States 10 compel obedience
to its laws and carry into execution the
powers conferred upon 1t by the c0nstItu-
tion.
"Tbe law requires that a Marshal and his
deputies have the right and il is their duty
10 be aud remain Ia al places where they
can best discharge their duties, whether
such places be inside or outside the guard
rail-. Notwithstanding the provisions of the
New. York State statute regulating the
number OF persons admitted within the
guard-rall on election day. The provisions
OF the Federal election laws are in force
wherever representative in Congress is
voted for and wherever any of the Federal
laws are In conflict with State statute the
Federal statutes must be followed"
After quoting as above Attorney General
Miller says that, ia his opinion, these in
structiOns emb0dy the correct views Of the
law. In addition he adds that, according TO
the statute, ii is the duty Of the supervisors
30 be present on registration day and on
election day, ito take, occupy aud remain
In such positions. whether before or behind
tie liot-boxes, as will in their judgment
best enable them TO see each person Offering
himself for registration or for voting, and as
will best cOnduce 10 scrutinizing the manner
IN which the registration or voting is con-
Quoted, and at the closing Of the polls they
are required to place themselves in such
position In relation to the ballot boxes for
the purpose of aiding in the work OF can
yassing the ballots as will enable them TO
fully perform their duties, and shall remain
there until every duty is wholly completed"
Mr.. Miller further says: "The Dep
uty Marshals are authorized 10 arrest.
with or without process, any person who
commits or attempts TO commit or offers to
commit any acls or offenses prohibited BY
the act, or who commits any acts against
the laws OF the United States, but no per-
son shall be arrested without process for
any onense not committed in the presence
OF the Marshal, or one of his general or
special deputies, or one of the supervisors
OF election. Supervisors have like power to
make arrests. Any attempt to Interfere
with the supervisors or Deputy Marshals in
the discharge OF their duties is a violation
OF the law and subjects the wrongdoer to
severe penalty"
In closing the Attorney General says tho
DUTY and authority Of the supervisors and
Deputy Marshals in the premises IS too
plain 10 be misunderstood, and he cautions
ali officers to keep the expenses Of the super
visors and Deputy Marshals to the lowest
point consistent with the proper discharge
Oh their duties. In no case can per diem
GO al!OWed them for more than ten days.