Page:Federal Reporter, 1st Series, Volume 6.djvu/64

 52 FEDKBAL REPORTER. �authority, power, or process from any state or municipality to the contrary notwith standing. Having been proved to have disobeyed this law, they were properly convicted. �The rulings and charge of the judge at the trial were in harmony with the views here expressed. �The views derive support from expressions used by the supreme court of the United States in Ex parte Siebold, 100 U. 8. 371, where the court, in speaking of the same statute, and in regard to a line of argument similar to that which has been addressed to us on this occasion, say: "The objection so often repeated, that such an application of congressional regulations to those previously made by a state would produce a clashing of jurisdiction and a conflict of rules, loses sight of the fact that the regulations made by congress are para- mount to those made by the state legislature; and if they con- flict therewith, the latter, so far as the conflict extends, cease to be operative." And again: "The regulations of congress being constitutionally paramount, the duties imposed thereby upon the officers of the United States, so faras they have respect to the same matters, must necessarily be paramount to those to be performed by the officers of the state. If both cannot be performed, the latter are, pro tanto, superseded, and cease to be duties." �We add that an adoption of the arguments made in behalf of the defendants in this case would in effect make the execu- tion of the laws of the United States, in regard to elections, to depend upon the will of the state, would render the mar- shals of the United States subject to the control of the munic- ipal police in respect to the manner in which they should discharge their duties as to elections, and, in our opinion, would go far to nullify the law. �The motion for a new trial is denied. ��� �