The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-11-02
DUTY OF SUPERVISORS.
Attorney General Miller Issues
a Circular to Them.

circular TO 16Cc"al SuporVlSOrS OF elcC-
ton, United States marshals and United
States attorneys, in which he quotes an
order by President Cleveland to Attor
ney-General Garland, October s, 1886,
in these words:
DEAR SIR: You are hereby requested
to take general charge and direction of
tho execution OF the statutes of the
United States touching the appointment
of supervisors of election and special
deputy marshals and the performance
OF their duties and compensation, so far
as these subjects arc by the constitution
and laws undcr tho supervision and con-
troll Of the executive branch of tho Gov
eminent"
This order Attorney General Miller
says is general and has never beon re,
voked. lie thon promulgated circular
of instructions for the guidance Of dep.
uty marshals, and incidentally of SUI
pervisors, issued October IS, 1892, by
the chief supervisor Of elections for tho
Northern district OF New York, written
as general construction of the law in
reply to letter asking IL Especial dep.
uty marshals have right to be inside
the place of registration during tho
progress OF registration, and whether
they can be inside the polling ri acc on
election day outside the rail guard?"
The supervisor gives e resume of the
decision of the United States Supreme
Court in the cases of tho baltimore city
judges in 1878, in which tho constitu-
tionality of the Federal election law
md nd
these paragraphs:
Sect ton 2022 requires that marshal
and his general and special deputies
shall preserve order at the places Of
registration and at the polls, support
and protect the supervisors Of election,
prevent fraudulent registration and
fraudulent voting or fraudulent conduct
on the part of any officer of the election,
and 1T must necessarily follow that the
marshal and his general and special
deputies have right and it Is their
duty, to be and remain in all places
where they can best discharge their
duties, whether such places be inside or
outside OF the guard rail, notwithstand-
ing the provisions Of section 1O1, chap.
ter $50, Of the laws Of the State of New
York, 1892, regulating the number of
persons who are to be admitted within
the guard rail on election day.
ton laws are in force Whenever a repre-
sentative in Congress is voted for, and
whenever any of the provisions OF the
Federal law are in conflict with q State
statute tho Federal statutes must be
followed"
Attorney General Miller then pro-
ceeds to say: "These instructions in
my opinion, embOdy the correct views
OF the law In addition to the foregoing
instructions l add the following: In
tho language OF the statute Of tho United
States, section 20l9, it is tho duty of the
supervisors, in their respective election
districts or voting precincts, to be
present on the day OF registration and
on election day. TO take, occupy, and re-
main Ill such position, from time to
time, whether before or behind
the ballot boxes, as will. in their
judgment, best enable them to see each
person offering himself for registration
or Offering to vote, and as will best con-
duce to their ocrutinizing the manner
in which the registration or voting is
being conducted and at the closing of
the polls for the reception Of tho votes,
they are required to place themselves
in such position, in relation to the bal
lot boxes, for the purpose of engaging
in the work of canvassing the ballots,
as will enable them to fully perform the
duties in respect to such canvass pro-
vided herein, and shall there remain
until every duty in respect to such can
vass. certificates, returns and state
ments has been wholly completed.
by section 2023, deputy marshals
are authorized to arrest with or with
out process, any person who committee
attempts or oilers to commit, any of
the acts or otfenses prohibited herein,
or who commits any offense against the
laws OF the United States. but no per.
son shall be arrested without q process
for any otfense not committed in the
presence of the marshal, or one of his
general or special deputies or one of the
supervisors of election. And super
visors have like power to make arrests.
Any attempt TO interfere with super.
visors or deputy marshals in the proper
discharge OF their duties is a violation
of the law, and subjects the wrongdoer
to severe penalty.
1.-The duty and au thority OF supervisors
and deputy marshals in the premises are
too plain to be misunderstood. Bearing
in mind always that they are officers OF
peace as well as officers of election. and
never forgetting that where State stat
ute conflicts with the statute OF tho
United States touching these elections,
tho national statute is paramount and
must be obeyed, these officers should 90
for ward quietly but resolutely, in the
discharge of their duties, without fear
or favor, but with firm determination, SO
far as in them lies the law, 10 see that
there is an honest, free and fair cleo
tion and fair return and canvass of
votes.
$50 discharging their duty, it is Ger.
tain that thau will mt no raciotoj b,,