Page:Federal Reporter, 1st Series, Volume 8.djvu/428

 414 TEDEBAL itBFOBTEB. �United IStatbs v. Fisheb.* �(Circuit Court, S. D. Ohio, W. D. August 22, 1831.) �1. U. S. Election Laws— Supervisor op Eleciiok — Officeh op EtECTiou — �SBcriON 5615, Rbv. St. �A Bupervisor of election, appointe^ under the laws of the Uuited States, is an "offieer of an election" withia the meaning of section 5515, Kev. St. �2. BAMB— iNTBnFEEBNCB WITH JuDQES— SECTION 5511, RbT. ST. �While the Judges of an election, at which a representative in congress is voted for, are engaged in counting the ballots cast, to mingle with the ballots cast ballots having thereon the name of a candidate for representative in con- gress which the defendant well knew had not been voted by any of the electors at such election, constitutes " an nnlawful interference with the judges of the election in the discharge of their duties," within the meaning of section 5511, Rev. St. �On Demurrer to Indictment. �George R. Sage and Chas. H. Blackburn, for demurrer. �Ghanniny Richards, U. S. Dist, Att'y, contra. ' �Baxteb, g. J. The indictment in this case is demurred to. It con- tains six counts — four of them predicated on section 6615, and the others on section 6511, of the Kevised Statutes. Section 6515 pro- vides — �"ihat every ofiBcer of an election, at which a representative or delegate in congress is voted for, whether such offieer of election be appointed or created by or under any law or authority of the United States, or by or under any state, territorial, district, or municipal law or authority, who neglects or refuses to perform any duty in regard to such election required of him by any law of the United States, or of any state or territory thereof ; or who violates any duty se imposed; or whbknowingly does any act thereby unauthorized, with intent to affect any such election or the resuit thereof, * * * shall be punished," etc. �One of these counts, which will serve as a sample of them all, charges that defendant, — �"Being an offieer of an election at which a representative in congress for the urst eongressional district of Ohio was voted for, to-wit, a supervisor of elec- tion, duly appointed under the laws of the United States for the voting pre- cinct A, of the flrst ward of the eity of Cincinnati, did unlawfully and know- ingly do an act unauthorized by the laws of the United States, or of the state of Ohio, in that, while the judges of said election were engaged in counting the ballots cast in said precinct, he did mingle with the ballots so cast certain, to wit, fourteen, ballots, having thereon the name of a candidate for represent- ative in congress for said district which he well knew had not been voted by any of the electors of said precinct, with intent to affect the resnlt of said election by having them counted as ballots cast by the electors of said pre- cinct," etc. �*Keported by J. C. Harper, Esq., of the Cincinnati bar. ��� �