The Caucasian. (Clinton, N.C.) 188?-1913, 1894-09-27

created. First, IN cities or towns of
10000 inhabitants or upwards, upon
petition of TWO citizens, it is made
the duty of the I. 5. Circuit Court
to appoint Supervisors Of Election j:
second, III any county, upon the APP
pIication Of TEN citizens of good
standing, it is likewise made the
duty Of the Circuit Court to appoint
Supervisors. (See section 2OlD.
This statute makes it perfect,
plain that Congress intended to ere
ate two distinct classes of Federal
Supervisors; one class to be appoint
Cd upon the application of two citi-
zens only, which class can only be
app inted in cities or towns of 20,-
600 inhabitants or over; and one
class to be appointed in any county
upon the application of ten citizens
OF good standing.
BY the Act as it was originally
passed, very large powers were given
10 Federal Supervisors Of both class
es; such as to attend at all times
fixed for the registration Of voters
70 challenge any person Offering to
register; to attend when the names
Of registered voters are marked for
challenges; to cause such names to be
marked for challenge as they may
see fit; to make, when required by
the Chief Supervisor, lists of the per-
sons who may register and vote, and
to cause the right to vote of such
persons as they may honestly think
have not the right to vote to be in
qnlred into; to inspect the regi3tra-
uon books; to attend at the election
and challenge any person vote who
they think may not be entitled and
to perform various other duties, too
pr0liX to be set out here.
Until 1872 Federal Supervisors of
both classes had all these powers, but
IN 1872 Congress passed the follow
ing Act, which is an amendment to
the original enforcement Act, and is
found in Section 2O29 of the REVISE
Statutes of the United States. This
Act reads as follows: "The Supervl-
SorS of Election appointed for any
county or parish in any Congression-
al district, at the instance of ten cir-
liens, as provided in Section 2Oll,
shall have no authority to make ar
rests, Or to perform other duties than
TO be IN the immediate presence of
the officers holding the election. and
to witness all their proceedings, in
Guiding the counting of the votes
and the making of return thereof. :
No one can contend that Federal
Supervisors have any power, or car
discharge any duties, except as such
power may be conferred or such duty
required by statute.
Now while the original Enforcc-
ment Act gave to them large powers,
and required various and grave duties
to be performed, as far as Federal
Supervisors appointed on the appli-
cation of ten citizens in counties III
any Congressional district (Which in
cludeS all Federal Supervisors, except
those appointed on the application
of two citizens in cities or towns hav-
ing 10000 inhabitants or over are
concerned), the subsequent Act of
1892 takes away all of their powers
al d requires no duties Of them, ex-
c, p to be in the Immediate presence
OF che officers holding the election,
and to witness all of their proceed
ings, including the counting of the
votes and the making of return
thereof.
We are therefore of opinion that
Federal Supervisors, except those for
cities and towns of 10000 inhabit-
ants or over, have no power to make
arrests; no power DIS such Supervi-
SOrS to make, or require to be made
for them, any copy of the reg stra-
ton books or to do any other act,
except to be in the immediate pres
ence of the officers holding the cleo
ton, and to witness all of their pro-
ceedings, including the counting of
the votes and making return there
Of.
Yours truly,
[Signed BATTLE 4 MoRDECAL.
BATCHELOR Il DEyEREUX.
Attorneys at Law.
GTOnv