Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-11-02
THE INSTRUCTIONS GIVEN
To U. S. Supervisors Of Elections,
RarShlls and Attorneys.
POWER OF rnE GOVERNMENT.
Authority GO Arrest WIN or without
rrocess.-ENponsts to be
Kept Down.

WAsHuSGTOS, ID. g., Nov. lat.
t0rney.GenuIal Miller today ifsued a
/ circular 10 the United States snpetyis.
/ ors Of election, United States mar.
sh ais anu United States attorneys In
regard u their duties at the coming
/ election.
/ At the outset the Attorney General
/ refers 10 size fact that on October 5th,
| 1855, President Cleveland requested
| Atoruvy'Gsnofal Garland to tako
l general charge ana direction Of the
execution Of the statutes touching the
/ appointment OF supervisors OF election
anu special deputies and the perform.
I ance OF their duties and compensation
l 30 'or 40 the subjects were under tho
I supervision and oOntrOl OF the exeou.
We branch OF the government. Mil
I Ter then says he believes the authority
thus given his predecessor Is general
aud has never been revoked.
He then umb0dies Ia "a manifesto the
| letter of g. NJ. Denison, chief super
Visor Of elections for the northern dis
/ trlcl OF New York, under date OF Octo-
l Der IS, ls02i In which DenisOn Issued
Instructions for the guidance Of depu.
~ marshaIs, AMI Incidentally Of s1-
pcgvisors. DsnlSon's letter was clearly
]
unfortunate and Miller quoted fot the
purpose OF endorsing its provisions.
In ihe letter, Denison, in answer TO
the question " special deputy mar
shals have right 10 be Inside Of
places Of registration during registra.
ton and whether they can be- inside OF
polling places on election day or cut
eide u the guard rail. He says the
question was settled by n decision OF
the supreme Court OF the United
States 81 eX plfte OF Albert Slebold,
Walter Tucker, Martin G.. Burns,
Louis Coleman nnd Henry Bowers
who were Judges Of election IN Balti-
more In November, 1875. They were
Indicted aud tried Tor alleged oiienses,
convicted ami sentenced 10 a fine and
imprisonment. They applied 10 tho
supreme court for wit OF habeas
corpus, 10 bs released from imprlsan.
ment ON the ground that the federal
election was unconstitutional. The
decision Of the supreme court was
against the petitioners, 1t holding that
COngress had the power 10 pas. the
law, and In making regulations for the
election OF representatives. II was not
necessary that Congress should assume
entire and exclusive control thereof.
Congress has supervisory power over
the subject, and mby either make en-.
tirolv new regulations or add to, alter
or modify the regulations made
by tho states. There Is nothing
In the relation Of States and ma
tional sovereigntles to preclude co.
operation both in matters Of elections
nnd representatives. II both were
equal In authority over the subject,
collisions Of jurisdiction might ensue,
bat the authority Of tue national gov.
eminent being paramount, collisions
eau only occur from uniounded zeal.
ousy OF such authority.
Congress has power by the Constltu.
ton TO vest In the circuit court tho
appointment OF supervisors OF elections.
The national government has right
TO use physical force In any part OF the
United States TO compel obedience to
the laws and carry into execution the
powers conferred upon Y by the Con-
stitution. The law requires that mar.
shals and deputies have right, anu It
Is their duty TO be aud remain In all
places whore they can best discharge
their duties, whether such places DO
inside or outside the guard rail, not
withstanding the provisions of tho
New York state statute regulating the
number Of persons TO be admitted
within the guard rail on election day.
After quoting AS above, Attorney
General Miller gave II as his opinion
that these instructions embody tho cor
rect Views OF the law. In addition he
adds that according to the statute II IL
the duty OF supervisors 10 be present
on registration day and election day
"to take, occupy and remain in
such positions, whether before or
behind the ballot boxes, as will
In their Judgment best enable
them 10 see each person offering HIM
self for registration or voting, and Us
will best conduce TO scrutiniElng tho
manner in which voting Is conducted,
and at the closing OF the polls they arc
required TO place themselves in such
position in relation 10 the ballot boxes
for the purpose OF aiding in the work OF
canvasaing the ballot, MS will enable
them fully to perform their duties, and
shall remain there until every duty DO
wholly completed"
Miller further says that deputy mar
shala are authorized 20 arrest with or
without process any person who shall
commit or attempt 20 commit, or offer
10 commit,auy act or otlense prohibited
by the acts which prohibit any ofiense
person shall be arrested without process
fot any otlensVs not committed in the
presence OF the marshal or one Of his
general or special deputies, or oue OF
the supervisors OF election. The super
vissts have like power 10 mako ar.
rests. Any attempt to interfere with
supervisors or deputy MARSHALL in tho
discharge OF their duties ia q violation
OF law and subjects the wroug.doer to
"a severe penalty.
In closing the attorney-geners says
the duty ana authority Of supervisors
and deputy marshgls in the premises
are too plain TO 10 misunderstood, anu
cautions all officers to keep the SFenses
VI supervisors and deputy marshals at
thr lowest point consistent with tho
proper discharge u their duties. In
no case can . psr diem bs allowed thea
for more than ten days.