The record-union., 1892-11-02
Special to the REcoRp-UN1ox.

WASHINGTON, Nov. Attorney Cen
eral Miller has issued circular to United
States Supervisors of Election, United
States Marshals and United States Attor-
neys in regard to their duties at the COM
ing election. At the outset the Attorney
General refers to the fact that on October
5, 1856, President Cleveland requested At
torney-General Garland to take general
charge in directing the execution of the
statutes touching the appointment of
Supervisors of Election and special dep
uties, and the performances OF their duties
and compensation, so far as subjects un-
der the supervision and control of the
executive branch of the Government.
Miller then says he believes the author
ity thus given his predecessor is general,
and has never been revoked. He then
embodies in his manifesto letter of C..
NJ. Dennison, Chief Supervisor of Elec-
tionS for the Northern District of New
York, under date of October IS. 1892, in
which Dennison issued instructions for
the guidance of Deputy Marshals and in
cidentally of the Supervisors. The DEN
uison letter was clearly written in re-
Sponse to an inquiry from a subordinate
and Miller quotes for the purpose of in
dOrsing It's provisions.
In the letter Dennlson, in answer to a
question if special Deputy Marshals have
the right to be inside the place OF regis
tration during registration, and whether
they can be inside the polling-place on
election day outside the guard rail, says
the question was settled by the decision
of the supreme Court of the United
States in ex parte Albert Siebold, Walter
Tucker, Martin e. Burns, Louis Coleman
and Henry RnkVarS bn iI1Hfrac nt
election in Baltimore in November, 1878.
They were indicted and tried for alleged
Offenses, convicted and sentenced to fine
and Imprisonment. They applied to the
Supreme Court for writ of habeas cor
pus to be released from imprisonment.
on the ground that the Federal election
law was unconstitutional.
The decision of the Supreme Court was
against petitioners. it holding that Con-
gress had power TO pass the law, and in
making regulations for the election OF
Representatives it was not necessary that
Congress should assume entire and ex-
elusive control thereof. Congress has a
supervisory power over the subject, and
may either make entirely new regula-
tons or add to, alter or modify regula-
tions made by the States.
here is nothing III the relation of the
States and National sovereignties," :" says
the court, "to preclude the co-operationiol
sentatives. II both were equal in author
ity over the subject collisions of jurisdic-
ton might ensue, but the authority of the
National Government being paramount,
collisions can only occur from uniounded
jealousy OF such authority. Congress
has power by the Constitution TO vest in
the Circuit Court the appointment OF
Supervisors OF Elections.
The National Government has the
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 it by the Consti-
tuition. The law requires that the Mar
shal and deputies have the right, and it is
their duty 10 remain in all places where
they can best discharge their duties.
whether such places be inside or outside
the guard rail, Notwithstanding the pro-
visions o. the New \ Hork state statute
regulating the number of persons ad-
mltted within the guard rail on election
day. The provisions OF the Federal elec-
ton laws are in force whenever a Repre-
sentative in Congress is voted for, and
whenever any o. the provisions OF the
Federal law are in conflict with the State
statute, the Federal statutes must be fol-
lowed.'
After quoting as above, Attorney-G Gen
eral Miller says in his opinion these in
strucuons emhody the correct views OF
the law. In addition, he adds that, ac-
cording to the statute, it is the duty Of
Supervisors to be present on registration
day and election day; to take, occupy and
remain in such positions, whether before
or behind the baliot-boXes, as will in their
judgment best enable them to see each
person otering himself for registration or
voting, and as viii best conduce to the
scrutinizing OF the manner in which reg
lstratlon or voting Is conducted. aud at
the closing Of the polls they are required
II.
relation To the ballot-boXes, for the pur-
pose of aiding in the work of canvaSsing
ballots, as viii enable them to fully per
form their duties, and shall remain there
until every duty is wholly completed.
Miller further says the Deputy Mar
shals are authorized to arrest, with or
without process, any person who COM
mits or attempts to commit or offers TO
commit, any acts or offenses prohibited
by the Act, or who commits any Otfense
against the laws of the United States, but
no person shall be arrested without pro-
cess for any offense not committed in the
presence of the Marshal or one of his
general or special deputies or one of the
Supervisors of Election. The Superyis-
ors have like power to make arrests.
Any attempt to interfere with the Sill
pervisors or Deputy Marshals i'll the dis
charge of their duties is violation of the
law and subjects the wrongdoer 10 a Sc
were pGAAeAAtgs
In closing the Attorney General saws
the duty and authority of the Superyis-
ors and Deputy MarShals in the premises
is too plain to be misunderstood, and
cautions all officers to keep the expense
of the Supervisors and Deputy Marshals
at the lowest point consistent with the
proper discharge OF their duties. In nc
case can per diem be allowed them toI
more than ten days.
CLEVELAND ADDRESSES BUSINESS MEN.
New YORK, Nov. I.-Grover Cleveland
spoke before the Business Mems Demo
cratic Association tonight in LenoX Ly-
ceum. The audience mum bered about
twenty-five hundred persons, and the
boxes were mainly occupied by women
Thomas J. 0'Donaghue escorted Mr.
Cleveland to the platform, and he was re-
celved with enthusiasm. After bowling
acknowledgements and considerable more
cheering, and when some routine busl-
ness had been transacted, Chairman Sim
mems introduced the ex-President who
spoke in part as follows;
MIR. Cleveland said he Ventured the as
Sertlon that never in the recollection o.
anyone present has a Presidential can
vaSs been carried on with such lack ol
noise and excitement and in such an ap-
parent atmosphere of popular thought
fulness. III this is the actual condition.
and our voters are really thoughtful, il
should be cause for congratulation on
the part of every American citizen, for il
must be that sober deliberation in the ex-
ercise of the right of suffrage is the foun-
dation of our hope for national perpetu.