gradwell argued march decided april assistant attorney general wallace plaintiff error alexander churchill defendants error alexander churchill john cummings james cummings john fitzgerald defendants error john holt luther anderson defendants error nos justice clarke delivered opinion four cases argued together indictments first three must justified section criminal code stat al chap comp stat fourth involves application code state facts third case gradwell case hambly case fourteen defendants charged dictments conspired together defraud commit wilful fraud upon laws state rhode island corrupting debauching bribery voters general election held november representative congress voted elected second congressional district rhode island gradwell case first congressional district hambly case thereby preventing fair clean election relates conduct primary election held state west virginia june law state providing nomination candidates senate indictment twenty defendants charged conspiring defraud matter governmental right candidate true choice preference republican democratic parties nominated said office one elected causing procuring large number persons resided state sufficient length time entitle vote state law vote primary candidate named also procure four hundred persons vote primary election indictment charges defendants named conspired together oppress white sutherland rosenbloom three candidates republican nomination senator voted primary election held west virginia june law state depriving privilege republican voter vote vote one republican candidates nomination votes counted election except cast republican voters duly qualified west virginia law charge defendants conspired accomplish result procuring thousand persons qualified vote state law resided state sufficient length time vote opposing candidate william hite many vote votes cast counted returned cast favor candidate demurrer indictment defendants case ground fails set forth offense laws sustained district district rhode island first two cases southern district west virginia third cases error plain foregoing statement indictments first three cases based solely upon charge defendants conspired defraud violation criminal code indictment based upon charge three candidates nomination senator oppressed within meaning criminal code conspiracy part defendants compass defeat causing illegal voting opposing party candidate primary election applicable portions follows two persons conspire either commit offense defraud manner purpose parties conspiracy shall fined ten thousand dollars imprisoned two years two persons conspire injure oppress threaten intimidate citizen free exercise enjoyment right privilege secured constitution laws exercised shall fined five thousand dollars imprisoned ten years shall moreover thereafter ineligible office place honor profit trust created constitution laws argument counsel plaintiff error first three cases government right honest free fair elections conspiracy corrupt electors bribery object denial defeat right therefore scheme defraud within meaning presents decision questions criminal code applicable congressional elections interest right result elections bribe electors constitutes fraud upon government within meaning section admit must admitted people government considered political entity interest right honest fair elections advances us little toward determining whether enacted protect right whether conspiracy bribe voters violation obviously government may right yet enacted law protect may claimed congress intended rely upon state laws administration state officials secure honest elections section enacted purposes wholly apart claimed answer questions presented requires look origin history consider policy congress dealing regulation elections representatives congress section first appears act amend existing law relating internal revenue purposes enacted march stat chap comp stat except omitted relevant provision section continued time almost precisely present form carried revision statutes chapter title operations government another chapter chapter revision deals elective franchise civil rights citizens years first enactment section carried criminal code force january appears chapter chapter devoted operation government chapter code deals elective franchise civil rights citizens section widely applied prosecution frauds upon revenue land cases operations government inference presumption legislative construction drawn chapter headings found criminal code nevertheless history origin classification use made section detailed without significance taken fact confessedly first time attempted extend application conduct elections suggest strongly intended congress purpose aid determining application construction section may derived history conduct policy government dealing congressional elections power congress deal election senators representatives derived article constitution providing times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places choosing senators whatever doubt may one time existed extent power congress may exercise constitutional sanction prescribing regulations conduct elections representatives congress adopting regulations prescribed purpose settled repeated decisions ex parte siebold ed ex parte clark ed ex parte yarbrough ed sup mosley ed sup although congress power regulating conduct congressional elections organization government legislative history upon subject shows except four one hundred years since government organized policy leave regulations almost entirely whose representatives congressmen fifty years congressional action whatever taken subject law enacted requiring representatives elected districts stat chap thus away practice prevailed electing single state ticket members congress state entitled followed years action taken subject congress provided time mode electing senators stat chap four years later first time comprehensive system dealing congressional elections enacted system comprised act approved may stat chap act approved july stat chap act amending supplementing acts approved june stat pp chap laws provided extensive regulations conduct congressional elections made unlawful false registration bribery voting without legal right making false returns votes cast interfering manner officers election neglect officer duty required state federal law provided appointment circuit judges persons attend places registration elections authority challenge person proposing register vote unlawfully witness counting votes identify signatures registration voters election tally sheets made lawful marshals appoint special deputies preserve order elections authority arrest breach peace committed view laws carried revision statutes title elective franchise civil rights citizens rev stat inclusive seen statement important features enactments congress committed federal officers full participation process election congressmen registration voters final certifying results control thus established elections comprehensive complete matter general legal history congress years experience returned former attitude toward elections repealed laws exception sections relevant act approved february stat chap comp stat repealing act left effect apparently relating elective franchise provisions contained eight sections chapter criminal code inclusive added substantially modified years since elapsed policy thus intrusting conduct elections state laws administered state officers prevailed foundation government day exception seen four years proposed makers constitution entered upon advisedly people adopted clearly appears reply madison monroe debates virginia convention saying found impossible fix time place manner election representatives constitution found necessary leave regulation first place state governments best acquainted situation people subject control general government order enable produce uniformity prevent dissolution exclusively control state governments general government might easily dissolved regulated properly state legislatures congressional control probaby never exercised power appears satisfactory unlikely abused part constitution records federal convention farrand vol essay lix federalist hamilton writes convention submitted regulation elections federal government first instance local administrations ordinary cases improper views prevail may convenient satisfactory reserved national authority right interpose whenever extraordinary circumstances might render interposition necessary safety thus clearly established policy congress great part constitutional life leave conduct election members state laws administered state officers whenever assumed regulate elections done positive clear statutes enacted strained unreasonable construction apply elections originally law protection revenue fifty years confined application operations government distinguished processes men selected conduct operations add offenses hudson cranch ed eaton ed sup man punished criminal federal law case must unmistakably within provisions statute lacher ed sup congress always control means defeating frauds election members enacting appropriate legislation resort constitutional grant power judge elections returns qualifications members doubt district right holding section never intended apply elections bribe voters vote election fraud upon upon candidates laws rhode island falls within either terms purposes section remains considered second west ginia case indictment case charges defendants conspired procure procure large number persons legal voters west virginia vote number vote favor one four candidates republican nomination senator state primary claim illegal voting oppressed three party candidates within meaning criminal code depriving right argued constitution laws qualified republican voters state vote one candidates party senator election confessedly attempt made make new application old law old type crime force substance since never resorted applicable punishment offenses committed conduct primary elections nominating caucuses conventions question presented decision candidates named indictment right applicable west virginia law conspiracy corrupt primary election held law day last june oppressed within meaning federal criminal code criminal code applicable certain conspiracies elective franchise decided mosley ed sup decision falls far short making section applicable conduct state nominating primary advance us far toward claimed conclusion illegal voting one candidate primary violates right secured candidates constitution laws tute offense within meaning purpose section constitutional warrant regulations relating congressional elections may provided congress terms applicable places manner holding elections nominating primaries senators representatives primary elections claimed defendants corrupted unknown constitution adopted equally unknown many years law first enacted development comparatively recent years designed take place nominating caucus convention existed change even yet new system must considered experimental stage development variety state laws claim nominating primary distinguished final election included within provision constitution applicable election senators representatives means indisputable many state courts held similar provisions state constitutions relating elections include nominating primary ledgerwood pitts montgomery chelf state ex rel von stade taylor mo state ex rel zent nichols pac gray seitz ind state ex rel nordin erickson even admitted general primary treated election within meaning constitution need decide admission value determining case us strikingly unusual features west virginia law primary held prosecution grows terms law provided candidates congress belonging political party polled per cent vote entire state last preceding general election voted primary thereby said bar democratic republican candidates voted candidates prohibition socialist parties excluded also independent voters declined make oath qualified members voters one greater parties even notable provision law nominating primary candidates even persons failed primary may nominated certificate signed less per cent entire vote polled last preceding election acts west chap pp provisions adapted though may selection party candidates office obviously lawfully applied final election officers chosen reasonably said rights candidates nomination senator may primary law derived constitution laws derived wholly state law nothing kind found federal statute even congress assumed seen provide elaborate system supervision congressional elections action taken looking regulation nominating caucuses conventions nominating agencies use time laws enacted power congress make regulations nominating primaries alter regulations made state need inquire sufficient say yet shown disposition assume control primaries participate way courts absence legislation attempt supply stretching old statutes new uses adapted intended case others conclude section criminal code relied upon originally enacted protection civil rights lately enfranchised negro extended make agency enforcing state primary law one west virginia claim effect federal corrupt practices act june stat chap comp stat amended august stat chap comp stat august stat chap comp stat recognizing primary elections limiting expenditures candidates senator connection effect adoption congress state primary laws unsubstantial discussion like claim temporary measure act june stat chap enacted congress conduct nomination election senators provisions made state legislation entertained act superseded west virginia primary election law passed february effective ninety days passage results judgments district cases must affirmed