The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-09-22
THE FEDERAL ELECTION LAWS.

A
For several days the filibustering, by
which the obstruction of legislation by a
minority is termed, has succeeded, ia the
House of Representatives in preventing
consideration of measure for the repeal
of several obnoxious provisions of the ma
tional election laws.
The Republicans, who fought the report
of the committee to whom the bill was
entrusted, were aided by few Democrats
who were not opposed to the measure it
self, but desired its postponement until
the repeal of the purchasing clause of the
Sherman law had been secured. The Re-
publicans desired to defeat the bill; those
Democrats who joined in the filibustering
simply wished to delay its consideration.
The fight has been bitter and deter
mined, but the friends OF the measure
have prevailed, the bill has been reported.
and we may look for some strong party
speeches and desperate attempts to defeat
the passage OF the bill. That it will pass
the House there can be but little doubt,
and Cleveland is as sure to sign it as it is
to pass the Senate.
The bill, drawn by Mr.. Tucker of Vir-
ginia, proposes to repeal all sections Of
the Revised Statutes which provide for
supervisors of elections and other Federal
interference at the polls. The objection
able provisions of law were adopted under
what is known as the reconstruction
period At the close of the war, when
the Repu blicans had things pretty much
their own way, they commenced to take
steps to control elections in the south;
or. as they put it, to maintain the purity
of elections and protect all classes of Cit
liens in the exercise of the franchise. In
February, 1865, one of the provisions of
tie election law enacted was that no
officer in the military or naval service
should order or have any troops at the
place where any special or general cleo
ton is held In any state, ''unless it be to
repel the armed enemies of the United
States or to keep the peace at the polls. -
The words we have italicised clearly open
the way to military interference at cleo
tions.
1t is true that a number of provisions
follow, which are intended TO protect
voters in the exercise of the suffrage, but
the spirit OF the military provision is
antagonistic to the genius of our institu-
tons and the power it implies is danger
GUS to civil liberty. If soldiers may de-
eide when it is necessary ''to keep the
peace at the polls"' it is only matter of
military discretion as to when they
should be present.
Under the act of May, 1870, supervis-
ors of election may be appointed in cities
with over 20, 600 inhabitants, by Judge
of circuit court OF the United States on
the petition OF two citizens. In county
or parish of any congressional distict an
application from ten citizens is requisite.
These supervisors are required to attend
at places designated for the registration
of voters at any election for delegate or
representative to Congress, may challenge
any person offering to register, cause
such names as they may deem proper to
be marked for challenge, must make
lists of persons who may register
and vote and cause names objected to to
be verified, attend elections and chal-
leage any vote about which they may be
in doubt, watch the ballot boxes and
canvass and inspect and scrutinize the
whole process of voting. keeping tally
lists and poll books, whether under the
laws of the United States or OF any state,
territory or municipality.
These supervisors may personally scru-
tinize every ballot t'in whatever box it
NAV have been placed or found,'' take
such position at the election as they
may desire to see each person who votes
or offers to vote, and do the same at the
counting. The chief supervisor is con-
stituted a commissioner to issue sub
penas, examine and compel the at
tendance of witnesses. and administer
oaths in case any supervisor complains
of being INSTRUCTED.
In addition to this interference OF SUI
pervisors at elections, the United States
marshal in any city or town Of 20, 900 in
habitants may, on similar application
to that made to a circuit Judge, attend
with regular and special deputies at the
registration and election places and aid
and aid ard protect the supervisors and
take into custody any person who COM
mits or attempts to commit any offence
against the election laws or who disturbe
the peace. also call to his assistance
the bystanders when necessary
There are number of additional pro-
visions TO supplement those we have
briefly condensed, all intended to estab-
lish Federal control at elections, and inn
bued with the spirit OF interference in
state affairs. All elections are to be con-
Quoted under the laws of the state or ter
ritory where they are held, and any
supervision by the Federal power,
whether OF civil or military character,
is likely to provoke conflict Of authority
and lead to breaches of the peace rather
than to prevent or quell them.
This was exemplified in this city several