The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1847-01-22

uuiOtS OIL SHfnR, OF 'tnelr partlCuiar COHdi'
tion, at. any time aftefthe votes are canvass
cd, the returns certified and made, are any
levidence al to the number or ilegality oI
the votes given. The statute (27ih section
ofathe ACT regulating elections, Swan 307)
provides, that afterthe poll booksare signed,
the ballot boxes shall be opened, and the
tickets or ballots therein con taned shall be
taken nout, one at time, by one Of the judges,
who shsllread distinctly, while the tickotre.
mains his hands he name or names con-
ltained therein, and then deliver it7to the
third Judge, I. ,ohe shall string u on d thread
and cayefuilypreserpe the same After the
examination OF the ballots is completed, The
number of votes for each person shall be
enumerated, usder the inspection of the
Judges, and set down in the poll books in
the manner provided. The only statute
known to your committee having any re-
ference 10 the preservation Of the ballots
after the canvass by the judges, is the one
referred TO, and by the provisions Of this act,
il is made the duty of the judge who strings
the tickets, and him alone, 10 "carefnlIy
preserve The same" This careful preserva-
ton relates only TO such time as the board
may bs engaged in canyassing the voteJ, and
is made necessary only 10 prevent errors on
their part in determining lhs count; which,
when ascertaiped, is certified by them, and
beyond that certificate, as 10 the number
and condition Of the votes, we cannot go.
Ii the law had intended the votes should be
preserved, or were after the canvass any evil
dence, some provision would have been
made for their safe keeping. The poll book
shall be deposited with the township clerk,
TO be by him kept for the use Of those who
may wish 10 inspect il, but no such provision
is made as 10 the ballots. After completing
the canvass, the judge whose duty it was 10
string and carefully preserve the ballots dur
ing the canvass, can destroy them or do what
ever with them he may please. There is no
penalty for destroying, stealing or altering
a ballot, and had it even been supposed by
The trainers Of the law, that these ballots oi
themselves alone, after canvass, were TO be-
come evidence Ot SO much importance as 10
produce successful contest, some further
provision would hays been made for their
safe keeping. If the lav requires any one
to keep the ballots, it is the judge who
Strings them; and ii so much reliance is ts
be placed upon them as evidence, this, pro.
vision of the law should be strictly followed
and ia this case, the clerk or Nj. Hckok had
no business with them. ~, !.
IL ftbe contestsr cl aims the benefit Of this
law, he must bring himself and ,his testimony
witnn its provisions. But such cannot be
the intention ofthe statute. The duty o.
tue Judge is plainly psin,od out. They take
an oatn that they will discharge their dutiei
according to law and the best Of their abili,
ties, and thai thsy will siudionsly endeavoi
to prevent fraud, deceit or abuse in conduct.
ing the election. For any violltion Of this
duty, they are made subject 10 prosecution
The sxamna,isn, and counting, and certify
ing 10 the number of ballots is one of theil
mos, important duties. To prevent error the
Statute provides peculiar mode Of examin.
alton, which almost prevents the possibility
Of mistakes, and the whole law together
seems to indicate, with positive certainty
that the return Of the judges is TO be conclu
sive evidence Of The number, at least, Of the
ballots. And under a severe penalty The
Clerk ofthe court is compelled TO give III,
certificate 10 the person having The highes
number returned BY the Judges. Was anl
other than this construction of the the Law
given, and the absence of the ballot allowed
to be conclusive evidence Of fraud OF error,
clerk or trustee by a single act OF yilainl
could render any election void. All the ex
aminatisas of ballots were entirely exparte
mads by the friends ofthe contestor--with
out notice 10 Mr.. Wilferd, and wthoe
knowledge or report Of existing error If i
was known OF suspected, that any real ere
existed, justice TO Mr.. Wilford, required tha
he nr his friends should have had notice o
the examination. In only one Instance wa
this gwen, and then not to MI. Wilfcrd, but Al
indirect notice to some Of his hicnds TO b,
present in one township.
A strict adherence 10 this plain csastruc
ton of the law would exclude much Of ,h,
testimony taken on the part of the contestoI
Nearly all his points Of contest are bases
npen allvdged sgrers asccrtaincd by an ex
plrie examination Of the ballots; but you
sommittea were unwilling 10 interpase an,
legal objections or take advantage Of nssr,
technicaliiiss, and are desifous that ever,
1 matter connected with this important and OK
citing question should be faily consideres
and although satisfied that in a legal poin
Of view, all evidence ofthis character woult
be inadmissible, they have given the contes
tor the advantage Of all his testimony. o.
the ballot attached TO the deposition Of Gar
var, The name of Wllfard Is plainly erased
and the Judges swear thsy did not aiscove
7 tie erasure, or the vote would not have bee,
counted Part ofths votes were counte,
before, and par, after candle light. Their
was but one candle and tho light was dim
Such is tho nature of the crasuro that