New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-04
uARSHALS AT THE POLLS.
ACTING ATTORNEY ALDRICH'S
STATEMENT OF THEIR DUTIES.
-vrv .gx PEACE OFFICERS REPRESENTING THE
rrpyRlL AUTHORITY NOT LIMITED TO

FEDERAL AtIN'lbIb NOl ii"'''''
CITIES on OVER ccocl INHABITANTS.
.,,,r,o, yov ,,iny Attorney General Al
-. 80, ,,de r,an, statement with refer
W. A. ,,c .nt,o TN. d states deputy mar
80, 40 ,upcrviss ..~0ion. In which he announces
,s,, ali persons Who attempt 10 interfere with those
49,. bring th,mselv~s Within to scope OF the
rr,w,ps stu,~ { the rrit,d S.DeS. regardless OF
-..,N. ~ & act under my State OF municipal
-, hat in view 81 .hese statutes y
nnv 10 son - c)mbinailU OF
o., 30 IN any way 10 tcrfere with the
-, IN III. dlschnrg, of tlsil ahies; but that
-. su,o Int, ricrencc viii - eorou-ly prosecuted
The statement 70 a. follows
Nv ,.,en,on Of N. Dspaitne ~ Justice has been
-, q. certain alleged io:-,r tons 10 the police and
a. or -ers in Alabama. ArhsL "a ona New-fork with
...rc. 20 their cCodLct towards such deputy United
go. M ,shsl. as may a'fendanos at the polling
go. Such IL s,ructoDs bring rer authors and all
,.,.cis attempting 10 carry them INTO eHect "im 'ne
s,smn, Of sections 5,5lS and 5j.2 OF the criininsl
,,,ns. ~ the United States, which are ~ follows:
.s.cr,, sS,s-f two or persons In any State or
r.,ror, co0,.e prevent. hy force intimidation or
sn,est on J-rson from accepting or holding any omce
.n., ar no. Of confidence under the United states. or
,,sr charging duties thereof; or 10 induce oy
M, n.a,x any o0csr 81 the United States TO leave any
stat. district place where his duties as an oacer Gre
,.oulred 70 performed njure him IN his person
ar ppperty on Of his lawful discharge OF the
autl.s Of hs once while engaged in the lawful discharge
,.,e q, 10 nju-e his property 70 modest Interrupt,
hinder or IMPEDE him in the discharge OF his omcial
duties Of such shall be punished BY tine OF
40. less than a. hundred more than hve thousand
aol,ar. or nv imprisonment with without hard labor
IA, less than six than sN years, or by
both such nne and Imprisonment.
Section 5,s22. Every person. whether with or without
AM authority po~er process, pretended authority
nave, ~ proces. o, any State Territory municipality.
who ob.-ucs binders assaults or bv bribery sohci'a-
lion or otherwise intercres with prevents the super
ycrs Of election either OF them. the marshal or
NJ, general or special Deputies either OF them In the
performance any duty required Of them or either OF
,hem or which he they. either OF them, may De
authorized perform law OF the United States In
the Of otherwise, or who by any OF
the means mentioned hpders prevents the free
attendance and presence at such places Of registration or
NJ such polls election full and free access and egreSs
N ard from such place Of registration or poll OF
going to and from any such place OF regis
ration poll OF election and from lOon where
any such registration election OF votes. or
q, certificates thereof nav De had,
o. who molests inJereres with. removes, elects from
snv such place o: registration or poll OF election, or OF
tanvasng cast erca Of making returns or GER
sncaes thereof supervisor Of election the marshal
or general special deputies either OF them or
who threatens or attempts offers to do refuses
or negects and assist supervisor OF election or
the marshal or general special deputies either
Of them performance Of his their dutics when
required him them, either Of her TO give such
aid and assistance shall be liable instant without
process and shall be punished by imprisonment not more
t4sn two years or by fine 81 not than $4,000, or
bv both euch Inc and Imprisonment, and shall the
cost OF the prosecution"
IN view these provisions IL IL not thought that any
person. combination persons will seek in 10
interfere with the marshals in the discharge OF their
duties Any such interference will be vigorously prose
cuted The marshas and their deputies such polling
places peace officers and parasans and their in.
..ucsons allow discrimination for sgsnst any party
honest ballot and fair count Il what the law was de-
signed provide and It's consttuonallty has been
sronr ly nj he
clearly asserted BY the Supreme Court that
would be idle discuss that question The idea that
United States Is much the object Of the peoples
low. and patriotism any State utterly mise hevous
although implied IN the circulars referred to. peace
omcer United States who seeks prevent Illegal
voting invades the rights Of American cizens
than the peace officer Of State. The impression
that Federal Government foreign should be
oblitersted.
Tho statement Section 202l Is only section
thorng the appointment Of deputy marshals, and there
fore appointments be made only In cities OF
20 600 inhabitants upward Is the view Of the law
entertained BY Attorney General myself has
such . view been held expressed by Attorney Gen
the enactment OF the law. So far as dis
cover the Instructions given by Taft in
hs circular letter Of September A. 1876. have been con-
tnuously acquesced in. In this circular he said
You viii observe that the special deputies mentioned
So 2,c2I Of the Revised Statutes have peculiar
duties assigned to them, duties which otherwise DO not
belong deputy msrshols. Such special deputies
he appointed only OF 20, 600 Inhabitants mp
waro.
Eut duties assigned marsals and their deputies
ty 2O,2 other like statutes, teong to oil
duJ appointed deputes whether they be general be
'sp.,a' within meaning Of that and the preceding
Deputies discharge this latter class Of duties
nav appointed any number whatever, according To
discretion OF the marshal IN all States in which
sherirs have similar power"
The question whether the deputy maishas have the
sirht he within the gusrd.ra Of the polling places il
IN the Attorney circular OF October 81
1892, Ia tie Affirmative As will b. observed section
SS22 Revised Statutes, pescrhes L-na:y Of imprsos
end fnc against person who, with or without
the authority any State municipality interfere.
With prevents the marshal or his general or special
deputies from the perfoi OF any duty or hnders
rr.,cnss full and fee and ana from
any such lace OF registration poll OF election
70 or from any loom where any such registration or
e.c,on o. canvass OF votes may m had"
Ire ststLtes are clear and explicit mat really
cGnnc, see any room for discussion do not believe
,ha, any attempt will be made violate this law,
esry out the revolutionary end dangerous policy
nounced in the dispatches referred II such action is
attempted, course Trouble Will come as the same law
Iascribes penalties against deputy who falls to do
dnty. Such result all coed ctizons. irrespective OF
party, would deplore, and the consequences would fs
upon those whose rash course led such unwsraned
resistance to he power Of the Federal Government,
which the Supreme Court OF The United States has
declared paramount when a member Of Congress Pres
Dental elector is 10 be voted for sny State law
authority upon this subject.
will odd that this Is not a partisan question, ana
they good citizens my opinion, who eek 20
rake 1t one No pary justly hope to deserve or win
sueoss by defiance violations o. the law OF the land
However that may be. our duty is plain The laws
must b The msrsfo,s warned under che
Penalties Of again: any Interference with the
tights o. citizens and, ~ the time. they viii quart
sid protect such rights whsteyer cost.