Show DUTIES OF MARSHALS AND DEPUTIES at polling places and their rights while performing them ELMIRA N Y nov 3 in reply to a circular issi issued led by william F sheehan of the democratic executive con regarding the rights righta and duties of deputy erdl united tg states marshals at the polls on oil election day united states marshal baxter has issued ft it letter of instructions to deputies of the northern district of kew new york which he declares to bo be equally ap everywhere in it he says wil harn ani F 1 sheehan chairman of the democratic campaign coin committee cittee has issued a circular in which he assumes to state the rights and duties of special deputy marshals As the circular is calculated to mislead you in the discharge of your duties julies and as its statements are contrary to the clearly defined provisions of the federal statutes it seems advisable for me to add to the instructions already given given you sheehan in his tits circular says I 1 united 8 states tat es marsh marshals have no more right than any other voter to be within the guard rail of a polling place and in support of this stater statement nt cites a decision in a certain case by justice brewer 0 of f the supreme court the file case cited is clearly not in point as its it was one where there were no united states supervisors of election at the polling place it lias has no bearing in a case where there are united states supervisors to be supported in the discharge of their duties by special deputy marshals by section 2019 of I 1 the he revised statutes it is made the duty of the united states supervisors of election to take occupy and remain in such stich position from time tinie to time whether before or behind ballot boxes as will in their judgment best enable thiern them to see each person offering himself for registration or offering to vote and by section 20 2022 it is ma made the duty of the marshal his general deputies and special deputies to keep the tile peace and support and protect the supervisors e of election in the discharge of suph t their e ar duties etc it clearly follows saya says the marshal that a deputy can oc occupy c any position it i oil in or about apolline place that the supervisor may occupy whether before or behind ballot boxes or whether within or without the guard guardrail rail part of the marshals duty is to see that the state statute is is complied with that secures to the voter privacy within tho the booth while preparing bis his ballot and which prohibits the tile offering or g giving i I 1 ving of to the tile voter within the rail rail it is the duty 9 of the marshal to enforce all of or the provisions of the state law 11 not 0 t in conflict with the federal law as to what shall or shall not be done within the guardrail it is liia his lawful right when necessary to occupy a position within the guard rail tail and it is his duty to arrest any any person no matter what liis its official po position sit loll 1011 may becho be who interferes with that right section provides that you on are exempted from arrest while in atle the discharge of your duties beany by any allicer or authority whatever with or cess excepting alone autho authority rity of an officer or court odthe of the united states any per person r oil whether a sheriff police officer or ca constable ri stable so interfering with vou you edme iril Tie performance of your duty is liable to arrest and punishment by the 11 united states courts court 7 b by I 1 imprisonment 1 on ment for ti two years vears or 11 n e 0 f boell |