BERRY tI. UNITED STATES.
keeper of the county jail,nor such keeper to receive or hold him. His detention by the respondent is, therefore, it seems to me, illegal in any view of the matter.
BERRY 'D. UNITED STATES.
(Di8trict Oourt, E. D. Virginia.
ELECTIONS AND VOTERS PENSATION.
October 28, 1887
SUPERVISOR-AT'fENDANCE ON REGISTRATION -
Under Rev. St. U. S. §§ 2016,2017,2026,2031, requiring the attendance of supervisors of election at the registration of voters, and at elections. and pro. viding that the chief supervisor shall furnish instruc'tions to the supervisors, and that each supervisor shall be allowed five doBars for each day he is .on duty, not exceeding ten days, a supervisor who, unCier instructions frQIn the chief supervisor, attends for six days the registration, one day for final reo, vision of registration, and one day at the election, is entitled to the prescribed' cOInpensation for each of the eight days. . . ,
. Petition for for three days' service as supervisor ofeleotion. Lynn G. Tyler and McLain Pleasants, for petitioner.· ,/ C. Gibson, U.S. Dist. Atty., for the United States.
HUGHES, J. The facts and the law in this case are equally clear. simple, and conclusive. Thf1 petitioner was a supervisor of elections, appointed by this court, and acting under the commission and seal of the court. Under the instructions of the chief supervisor and the requirements of law, he attended at the times and places fixed for the registration of voters by the state authorities. There were six days of registration, one for final revision of registration, and Qne election day. He attended and performed his duty on each and all of these days. These-are the facts proved, and they are uncontested. The law is as follows: Title 26, § 2012, Rev. St. U. S., provides for the appointment of supervisors by the circuit judge. Section 2014 provides that the circuit judge may delegate all his powers, under this title, to the district judge. Section 2016, prescribing the duties of these officers, says: "The supervisors of election, so appointed, are authorized and required to attend at all times and places fixed for the registration of voters who, being registered, would be e,ntitled to vote for a representative .01' delegate in cOl)gress, and to challenge any person offering to register; to attend at all times and places ",hen the names of registered voters may be marked for chal,langej@d; to cause such names registered, as they may deem proper, to be so marked j to make, when required, the lists, or either of them, provided for :$ection 2026, and verify the same," etc. Section 2017 provides for and requires the attendance of 8U pervisors at all times'and places for holding ..v'otes elections of representatives in congress, remainihg there are cast and counted and the returns made, to personally inspect and scrutinize the manner in which the votillgis the
270:: kept. Section the duties sqpervillof, says he" shall prepare and all necessary books, , fo'TInS, blanks, and instructions for the use and direc,tion of the super-, visors of election. * * * He shall require of the supervisors of election, when necessary, lists of the persons who may register and vote, or either, in their respective election districts or voting precincts," etc. Section 5521 provides thatsupervillof:;; Who have taken the oath of office, and refuse or neglect to discharge its duties, shall be punished by imprisonment for not less than 6 months 'n61' niore than 12, or a fine of not less than $2,0.0 nor more than $500, or by both, and to pay the costs of, prosecution. Section 2031, providing for their pay, says: "And there shalL oofallowedandpaid to each supervisor ofelection and each and performs his duty under Special deputy-marshal who the prece<ling at the rate of five dollars per day for each day he is actually on duty, not exceeding ten days." These oftpe law, so far as I am aware, prescribing the appointment, duties, and pay of supervisors. They are appointed by the court, they receive all instructions as to their duty from the,omefsupervisor, and their payis,absolutely,fixed,by law. To deny the petitioner's prayer is simply to nullify section 2026, which prescribed his duty; or section'2031, prescribing his pay.' It is admitted that the circular of the attorney general was not sent to the chief supervisor, who is not an officer of his department, but was sent to the mars.hal. The mai'shal hasno right to give any instructions to the supervisors, and in fact never did give any. The chief supervisor did gh:e such instructiona, lUl it was his duty underthelaw'togivc; and the supervisors obeyed those instructions; as it was their duty to do under heavy pains and penalties, for failure or neglect. The letter of the president referred to in the circular of the attorney general doe'S not appear in the papers, and the court cannot inferthnt it directed or justified a plain nullification of a statute of the United States. I will sign a decree allowing the petitioner the number of pel.fdiems claimed in his petition.
(D18trict Oourt,iJJ.D. Virginia. March 12, 1888.)
OLERXOll'COURT-U. S. CmcUIT COURT-FEEB--REV. ST. U. So §§2011-2014.
'Under, n,v.StU. S. providing for the opening the circuit no, 10 days prior to It for elect.ion or prior to 'election fat memba): of congress. and can tInUIng court un til the' day followmg the election, and· 'sectioil 828,' allowing the clerk five dollars for attendance upon the court while actually in session.-the clerk is, entitled to such fee for, every day the court ill in sea'sion, under those sections, and forMs record of its " ,." , '
lAmnned by the chiQnit court, May:21,1888. No opinion.' ;;