Congress cannot make laws to regulate the duties of Inspectors, and it
cannot inflict a penalty.


Second.

_No offense is stated in the indictment._

The first count in the indictment is for knowingly and wilfully
registering as a voter, Susan B. Anthony. This count is under Section 26
of the Act of May 31, 1870, as amended by the Act of February 28, 1871.

The indictment contains no averment that the defendants were "_officers
of registration_," and charged with the duty of making a correct
registry of voters. It simply alleges that they were _Inspectors of
Elections_. What that means, the indictment does not inform us. It is
not an office defined by the Acts of Congress upon which this indictment
was found, nor has the Court any information of which it can take notice
as to what are the duties of such officers. In the absence of any claim
in the indictment to that effect, the Court will not presume the
existence of so important a circumstance against the defendants, and
therefore this count of the indictment must fail.

2. The second count is for the same offense, and obnoxious to the same
objection. The only variation being that the first count charges the
illegal registry of one woman, and the second, fourteen.

3. The third count charges that the defendants, being inspectors of
elections, received the votes of fourteen women who had no right to