Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-11-02
THE FEDERAL SUPERVISORS.
Instructions Concerniag the Election Issuet
to Mammals and District Attorneys.

Instructions Concerning the Election Issued
to Mammals and District Attorneys.
The federal election law IL to be held para
mount absolutely when there is q conflict be-
tween 1t and state law. 1t is also to be en-
forced Whenever Representative in Congress
IL being voted for.
This In the principle announced by Attorney
General Miller il . circular issued yesterday
afternoon to United States marshals and dis
trict attorneys throughout the country.
The circular was issued to indicate the line
OF policy which the Department of Justice will
pursue in the coming elections for Congress
men In regard to the appointment Of United
States supervisors Of elections and special deputy
marshals to watch the polls
Inc Attorney General quotes an order issued
oy President Cleveland to Attorney General Gar
land in 1886 in which that officer was requested to
take general charge and direction of the execu-
tion OF the statutes OF the United States touch
ing the appointment Of supervisors of election
and special deputy marshsls and the perform
ance OF their duties and their compensation. so
Tar as these subjects are by the Constitution
and laws under the supervision and control of
the executive branch OF the government"
TO BIZ PRESENT AT THE POLLS.
Attorney General Miller says the authority
thus given has never been revoked, and he
follows 1t up by quoting, with approval, the in
structions issued on the 18th Of last month by
O. u. Dennison, chief supervisor Of elections of
the northern district OF New York, In reply to
an inquiry whether Especial deputy marshals
have right to be inside the place Of registra-
ton during the progress Of registration, and
whether they can be inside the polling place on
election day outside Of the guard rail"
Mr.. Dennison cites two cases where convic-
tons were had for obstructing a special deputy
marshal In the execution of this duty and says
the decision Of the Supreme Court of the United
States clearly established the constitutionality
Of the Law Of Congress. and the further facts
that the authority OF the national government
ia paramount In the election Of Representatives,
and that "the national government has the
right to use physical force IN any part OF the
United States to compel obedience to its laws
aud to carry into execution the powers con-
ferred upon 1t by the Constitution"
Further, that the provisions OF the federal
election laws are IN force whenever a Repre-
sentative In Congress Is voted for, and when
ever any Of the provisions Of the federal law
are in conflict with the state statute the federal
statutes must be followed
In addition to the foregoing instructions the
Attorney General adds the following:
"In the language Of the statute OF the United
States, section 2019 1t is the duty Of the super
visors, in their respective election districts or
voting precincts, TO he present on the day OF
registration and on election day, 'to take,
OcCQpy anu TcuAu IN sucu position from time
to time, whether before or behind the ballot
boxes, as viii, in their judgment, best enable
them to see each person offering himself for
registration or offering to vote and will best
conduce to their scrutinizing the manner in
which the registration voting is being con-
Quoted. and at the closing Of the polls for the
reception Of votes they are required to
place themselves in such position in relation to
the ballot boxes for the purpose Of engaging in
the work OF canvassing the ballots as will en-
able them to fully perform the duties in respect
to such canvass provided herein and shall
there remain until every duty in respect to such
canvass, certificates. returns and statements has
been wholly completed"
THE POWER OF ARREST
BY section 2022 the deputy msrshsls au-
thorized to arrest, with or without process,
any person who commits or attempts or offers
to commit any Of the acts offenses prohibited
herein or who commits any offense against the
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 of
the supervisors Of election. And the supervis-
ors have alike power to make arrests. ANY at
tempt to interfere with the supervisors dep
uty marshals in the proper discharge Of their
duties is violation of the law and subjects the
wrongdoer to a severe penalty.
The Attorney General concludes with re-
quest that the expenses of supervisors and dep
uty United States marshals appointed to put in
force these provisions of law may be kept down
to 1.-The lowest point consistent with the proper
discharge Of their duties"