Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1892-11-02

LEAVE NO Roos FOR DOUBT
as 10 de purpose Q. the REPUBLICAN Political
Machine
To Override All State Laws in Regulating Vol
Ing and inspecting Reiurns-Marshals
May Enier Polling Places and
Pp inio Ballot Boxes.

Washington, Nov. l.-Attorpev.Gen.
eral Miller has issued circuiar to
United States supervisors of election,
United States Inarshals and Uuited
States attorneys in all parts of the
United States in regard 10 their duties
az the coming election At the outset
miller refers 20 the fact that on October
D, 1856 President Cleveland addressed
70 attorney Garland commu.
nicatiOn thus:
Dear Sir You are hereby requested
to take charge and dircctioa of the exc
cutiun OF the statutes of the United
States, touching upon the the appoint
ments OF the supervisors Of election and
special deputies and the performance of
their duties and their compensation
SC. far as these subjects are by the con
stitution and laws under the supcryis-
ion and control Of the executive branch
of the government"
Miller then says he believes the au-
thority thus given his predecessor Is
general and has never been revoked.
The attorney-general then embodies In
his manifesto the letter of O.. NJ, Deni-
son, chief supervisor Of elections for the
northern district Of New York. under
date of October is. 1852, In which he
lDenison) issued instructions for the gui-
dance of dcputy-marshals and incident
nlly of supervisors. The Denison letter
Is clearly in response 10 an enquiry
from one Of his subordinates, and in the
letter which Miller quotes for the pur-
the following:
~ am In receipt Of your letter of the
llth inst. asking II special deputy mar
shals have the right to be inside the
place of registration during the process
of registration and whether they can be
Hfaa Ia. e. % .
outside Of the guard rnil Tie question
raised BY YOU is settled by decision
OF the supreme court of the United
Stutcs in on pNrie Albert Stehold Wal
ter Tucker, Martin G. Burns, Lewis
Coleman and Henry Bowers. reported
In 10 Otto 81. The petitioners were
judges of election at the different voting
precincts in the city of Baltimore at the
election held in November, lSTS,at which
representatives, in congress were voted
for. They were indicted and tried IN
the circuit court of the United States
for an alleged otfense committed by
them while acting as judges of such
election, were tried and convicted and
sentenced to fine and imprisonment,
They applied to the supreme court for
writ of haheas corpus 90 lie released
from imprisonment on he ground the
Federal election law was demonstrations
al. Bowers was convicted on the count
in the indictment charging him with un-
lawfully obstructing. hindelhs i'm rfering
with and preventing Il supervisor OF
election from performing his duty, to
wit: That Of personally inspecting aud
scrutinizing at the beginning Of said
election and Of said election, the man
ner in which voting WAS done at said
poll Of election by cNhmi ling aud seeing
whether the ballot first voted at said
poll of election was put aud placed in
a ballot box containing no lnilots what
ever. Tucker was Convicsed on count
of the Indictment charging that he
unlawfuly prevented and Lindored the
free attendance and presence 0f "a spe-
Cial deputy marshal IN the due execution
of his office at the roll Of said election
and the full and free access Of said dep
uty marshal TO the poll Of election, Other
petitioners were convicted Tor Other Of
fences against the Federal election laws.
The section of the law on which the
indictments were found aud inc other
sections valid, either Of which was
sought to be impeacncd for uncOnstitu-
tionalty are sections 29ll, 20l2, 2Ol6,
20t7 2021, 2022 and Ia part sections
551G and $50 Decision OF the court was
ageain against petitioners. ! will quote
only such points decided by the court as
are necessary to fully answer your in
quiry. They are as iollows;
g. Congress had power by the con-
stitution to pass the section referred to.
s. In making regulations for the cleo
ton of representatives it is not necessary
that congress should assume entire and
exclusive control thereof calre has
supervisory power lhe n 7ui
may either make eni rc' t,y a1lls-
tons or add to, alter 1I niodt. -H7lla-
tons made by the stu
o. In the exercise OF such supervisory
power congress may Impose new duties
on officers of election or additional pen
alties for breach Of duty or for the
penetration of fraud, or provide for the
attendance Of officers TO prevent fraud,
aud see that elections are conducted
legally aud fairly.
Ii. There is nothing in the relation
Of the state or national sovereignties
to preclude the cooperation Of both in
the matter of elections Of representa-
tiyes. If both were equal in authority
over the subject, collisions Of Jurisdiction
might cnsue, but the authority Of the nat
ionnl government being paramount
collisions can only occur from unfounded
jealousy Of such authority.
II. Congress had the power by the con
stitution to vest In tho circuit court the
appointment of supervisors of election.
IL. The provision which authorizes
deputy marshals to keep piece at elect
ions Is not unconstitutional. The natl
onal government has the right to use
physical force In any part Of the United
States 10 compel obedience to its laws,
And 10 carry into execution the powers
conferred upon It BY the constitution.
Section 2022 recites the marshal and
his General and special deputies shall pre-
serve order at places Of registration and
at the polls. support and protect the su-
nervisorg Of election, prevent fraudulent
registration and fraudulent voting or fraud
on tbe pnrt of any officer of election and
Il must necessarily follow that the mar
shal and bis general and specinl deputies
have The right and it is their duty 10 be
and remain Ia all places where they can
most discharge their duties, whether such
nIaces he inside or outside Of the guard
an Notwithstanding tho provisions Of
section iOl. chapter $50 Of thc law Of the
state OF New York 1892 regulating the
number OF persons 70 be admitted with
IN no guard rail on election day. The
nrovisions Of federal election laws are
in force Wherever a representative in
congress h voted for aud whenever any
NJ dc provisions Of the federal law. are
IN conflict with state statute. the federal
stafufes must bn followed.
Thus runs the Dsrison letter and after
suoting Il as above attorney general Nil
Ter continues;
.s'rhese Instructions In my opinion
emhodv correct Yicws Of the law. In
addition 10 the foregoing Instructions j