The Caucasian. (Clinton, N.C.) 188?-1913, 1894-10-04

l r AIltENfi fENEkA l. y o1lNlcN.
Federal Supervisors Have II" Right to In
terfere with Registrars, Make Arrests,
Copy Books, or Count Votes.
North Carolina Executive Dept,
Office of Attorney General,
Raleigh, October 81, 1892.
A. Mel. MORRISON, ESQ,
MaXton, n. c.:
Dear Sir:-ln my letter of the
22nd instant, in which, replying tc
your inquiry as to the nature and eX-
tent of the duties and powers Of Su-
pervisors of Elections for Represent
atives and delegates in Congress,
referred you to Sections 2OI6 to 2O2C
Revised Statutes of the United States.
and endeavored briefly to summarize
their principle provisions. | failed
to call your attention to Section 2O29
of the same statute, which seems tC
make marked difference between
the powers and duties of such Super
visions as may be "appointed for any
county or parish in any COMPRESSION.
al district, at the instance of ten cit
zens," and those appointed upon
the application of two citizens in
any city or town having upward OF
twenty thousand inhabitants" The
powers of Supervisors in cities and
towns having upwards of twenty
Thousand inhabitants are much more
extensive than those appointed in
counties and parishes. They are, in
the former, as | said in my letter
specifically enumerated in Sections
2Ol6 to 2056, while in the latter it is
expressly provided they ''shall have
40 authority to make arrests, per-
form any other duties than to be in
the immediate presence of the officers
holding the election, and to witness
all their proceedings, including the
counting of votes and the making of
a return thereof" The original stat
ute, commonly known as the En-
forcement Act" was passed in 1870
and amended in 1871, but it was not
until June, 1872, that the clause tC
which | now call your attention was
adopted. Being amendatory of the
original act, it must be interpreted
with reference to it; and the obvious
purpose being to limit the powers
and duties Of Supervisors in county
and parish election districts or pre-.
cincts, it should not be construed tc
confer any powers by implication
but only those expressly enumerated
| therefore ala Of the opinion that
Supervisors in county and parish cleo.
ton districts have not the right, al
such Supervisors, to challenge voters
or to make lists of registered cleo
tors, or to scrutinize ballots or re.
turns. In fact, they have no duties
to perform with respect to registra.
ton, but simply to be Gin the lmme.
dlate presence of the officers holding
the election and witness all their
proceedings, including the countingS
OF the votes and making the returns
thereof"
Very truly yours,
(Signed) THEo. f. DAVIDSON,
Attorney General.
Opinions of Messrs. Battle 4 Mor,iecai and
Bachelor X Deyereua.
Raleigh, NC, Nov. ?, 1892.
Hon. F. NJ. SIMMONS,
Raleigh, n. C.
Dear Sir:-In answer to YOUR ,e-
quest for an opinion in regard to the
powers of Supervisors of Elections,
under what is known as the CEN
forcement Act" being the Act of
Congress embraced from Section
20O2 to 2031 of the Revised Statutes
OF the United States, we have care
fully examined these sections, and in
our opinion the law is as follows:
BY this Act two entirely distinct
classes of Federal Supervisors are
created. First, in cities or towns of
10000 inhabitants or upwards, upon
petition of TWO citizens, it is made
the duty of the L. S. Circuit Court
to appoint Supervisors of Election ;
second, in any county, upon the ap-
pllcatlon Of TEN citizens of good
standing, it is likewise made the
duty of the Circuit Court to appoint
Supervisors. (See section 2O11).
This statute makes it perfectly
plain that Congress intended to Gre
ate two distinct classes of Federal