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ties from securing equal protection to all, whether such acts are under color of State authority or not. At any rate, it cannot be supported under the XlVth Amendment, which does not apply to individuals.^ No objection, however, can be taken to the further enactment,* that conspiring to prevent any legal voter from voting for elector or member of Congress shall be criminal, because federal elections are subject to congressional control under the power to regulate the manner of holding them.
The remaining legislation affecting the right to vote consists chiefly of provisions for supervisors and employment of marshals at federal elections.^
The conclusions with regard to suffrage may be summed up as follows : —
1. In General. — The right to vote is conferred by the States, not by the United States. Hence a State may bestow the right upon any class to the exclusion of others, provided that no dis- crimination shall be made on account of race, color, or previous condition of servitude ; but if suffrage is not conferred upon any class, then the State representation is to be proportionally cut down according to the provision in the XlVth Amendment.
2. State Elections. — Congress may interfere by appropriate corrective legislation whenever a State denies to any one the right to vote on account of race, color, or previous condition of servi- tude.
��' I Hare, Am. Const. Law, 526. * Kcv. St., § 5520.
- RcT. St., §§ 201 1-2031. In cities and towns of OTcr 20,ocx) inhabitants, two citi-
zens may apply to the circuit judge for the appointment of two supervisors of different parties, who shall attend at times of registration and voting for election of representatives to Congress, examine and verify lists of voters, make challenges, scrutinize and count ballots^ inspect methods of voting, and forward to the chief supervisor, appointed by the court, all certificates and returns required by him. The chief supervisor may take testi- mony in regard to any interference with the performance of their duties, to be submitted to the clerk of the House of Representatives.
Upon similar application to the marshals of the district, deputies will be appointed, who, together with the marshals, shall protect the supervisors and preserve order. Both they and the supervisors may arrest for all offences against the laws of the United States committed in their view, or in the view of the supervisors.
Besides these provisions for pities, ten citizens in any county or parish may apply to the circuit judge for the appointment of supervisors, who shall have, however, no authority to do more than be in the immediate presence of the officers holding the elec- tion, and to witness all proceedings, but not to make arrests.
The employment of marshals and deputies to preserve order at the elections in large cities has not been wholly a success. The charge is freely made that they work in the interest of party.
