Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-10-13
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appoiat rafi.ns 70 discharge 70 solemn and
20 important duty Has there been shy
weil-fo1rded accusation coming from any
part Of the Uni.e,i States relating to the dis
charge OF fhsse duties that these men have
exhibited any qualities or characteristics
of this kinds
The circuit and district judges. we must
remember, are citizens OF the state. They
are just ~ fully invested with al the duties
and interests Of citizens of the state ~ are
the electors who 60 to the polls to vote.
They have no interest or motive in select
ing any person who will discriminate IN
justly or improperly in the exercise Of the
authority against persons who may register
or appear II the polls 70 deposit their votes.
They are citizens Of this great country. is
10 to be assumed, AMI there is
certainly no proof to the contrary,
that the district and circuit judges, in max
ing selection Of these persons, will select
only such persons a. may be inrust I'D with
the exercise Of authority Of this description.
II has been further sail that the Laws
~ere opprs .siye in another respect, because
they allowed the marshal to sppoiut two
places Of election or registration for the
purpose Of siding ami Assisting these super
sisors in the discharge of their du'iss
These deputy marshsis are appointed by the
marshal of the district, man usually "
high character and Of great responsibility,
who 10 placed in his oftee by every admin
is.fation, and is person who is rentif ID
for his term with the opinions. convictions.
AID policy of that administration. He Is not
q man who holds bis Office for grea'er
period, ordinarily. than four ysars, sni
holds il in an ORDERLY manner; and it is his
Interest a. we'll ~ his duty TO select fair and
competent men TO d.scharg- these dates, To
go TO the polls or place of registration u
zee that the laws are carried into execution
and their principles are observed by the per-
cons who have the control of the election
and the registration
1t is true that these marshals have been
given the power of arrest; hut you will see
on looking at the act that this power 10 one
Of a restrictive character. They have not
the power to arrest any person At the polls,
or away from the polls, upon Information
they may receive that an offense in violt-
on to these laws has been committed. oH
the contrary. the lay declares that where
they shall make an arrest without warrant
1t shall be for some violation of the law, or
attempted violation of the law, in the pres
ence Of the officer who makes the arrest.
IL there anything wrong about that pro
vision of the statute? |. il ore WHICH shoul
not have been enacted? Why. it is . prin-
ciple Of common law which has been msin-
tliuei in the states Of hun jreds of ye@s,
~ il Is maintained in that country from
ehich our common system of jurisprudf nee
bs. been brought, ami it il ore Of those
principles that the safety of the eitize =.
the safety of the community, re
quires to be msintsined and enfo'e 4
suppose a gentleman of this House, passing
rom h's duties here this evep'pg--and of
course the snpposition il not entirely with
ont probability--should be met by ruffian
on the street aud assaulted in the prese ncs
of a police officer Of this city, would he
consider that the officer discharged his dntv
and faithfully msiHtaired f's obligation 10
the community and to its peace an. gooi
order if he should say; IL will not make
this arrest unless you obtain warrant an
place it in my hands for the purpos" VI
taking this man into cu'toiy ami bringing
M before the cpurty'
OR suppose n man should be jostlrd b,
i kpockeis and Lie pockets picked ia shr
presence of police officer. would b. en-
,ider il 4 fair and reasonable aCmnistrs-
on of the law if that officer should drcjipe
% arrest the piekpocket, although be had
seen the CT me comn'tted and knew ti,t
the VEIN had been despoilei of his pop
ertyl Now, it is no more than this that the
law provides as to the deputy marshals who
1T. . MI % atri. "A
election. They are authorized TO make ar
rests without warrant only when an of
fenss has been committed or attempted in
their presence. That is the eS,ent of au-
hority that 10 vested in those officers, and
il deputy marshal at any polling place
should arrest a man who had not committed
| or attempted to commit an offense, that pr
son being Illegally arrested. would have his
tight against the marsha for assault and
| battery and false imprisonment. ard could
| he not go further and procure an indictment
-aainst the officer arres.ing him under such
circumstances for the assault and battery
committed upon him BY mean. of the
arrest?
Yet such cases have not arisen. Are It's
have been made, and so far As my kuosl
edge or information extends, no action has
ever been brought agsinst \ marshsl or
deputy marshal for interposing bis autEori
~ in this manner. Certainly no indietmen,
has ever been presented against any of
hem, and so far as we have any records of
their proceedings, they have been actusted
| simply by a desire to msintsin the
laws and enforce the provision.
contained in the statutes of the
United States A. to overseeing the res istrs-
lion and the polling and the counting of the
votes cast by the electors. In this respect
certainly the law has not transcribed the
we'll settled principles which have been OBJ
served and maintained in the administration
of justice in this country and in England for
centuries.
Let it be remembered that there is no ar
b;,rary power granted under these laws to
the marshal to hold person in his custody
regardless of bis right to an examination.
On the contrary, the Law provides that when
IN arrest il made the marshal shall take the
person arrested before judge or before a
curt of the United States, thst there shall
De an examin alton. in which the complaint
shall be stated, and that that eKamin ,tiu n
shsll be had with al, convent, Mt speed, pre-
cisely the same as in any other case v herr
violation of law of the United States l.
charged.
We see from those provisions that great
care has been taken not to encrnach upon
the rights or functions of any state off, :
in any respect whatever, the law net pei =
hitting the citizen to he arrested and male
the subject of arbitrary r. strsint, but giving
hin the right to be taken at once before 4
court or before judge of court to have an
examination to determine whether he has
violated any law or not, and If he has not,
to be set at liberty. And where that has
proved to be the case, inasmuch ~ the off
Ger has no right to arrest without 4 warrant
unless the offense has been actually COM
mtted or attempted to bis knowledge. there
Gel sainly can be no special hardship TO the
individual when he may bring his suit for
redress agsinst the officer Who made the ar
rest.
In these respects the Law has been very
crefully guarded. Its only object is to
see to II that the legal voter shall be the
person, and the only person, who regi,ters
and votes At an election for members Of this
House. II does not interfere With the mat
ter any further in any possible respect or
degree, but leaves the enforcement of the
state laws to the officers appointed under
tlem anu ~bose uuty II IL W Satsy hem
into effect, subject Only to this scrutiny and
oversight to see that the laws are properly
carried into execution. Instead of en-
crosching upon the rights and privileges Of
the states, or the laws Of the states. these
laws of the Ufited Ssstes have prov ided no
more than that the supervisors and the mar
shsjs and depu'y rnarshsls shall attend the
places Of rssistrs,iIn and the places of elec
non to sse that the laws ars faithfully OBJ
ssYved.