The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1874-04-10


ing of either the Republican or Dem
ocratic ticket. He may designate
as q "Mixed Ticket" or "John Smith
Ticket" or the like; and he ma,
leave it without any heading at al
1t is competent under the act t,
change a Irregular" ticket by the sub
stItution of names of persons no
nominated, ETC., and to print, circu
late and to vote the changed ticket
but not under the "certain designated
heading of the regular ticket. As
have SAID, the heading of the changed
ticket should be entirely differen
from that of the regular, so as not t.
mislead.
Very Respectfully,
JOHN LITTLE.
We have italicised certain words
in the above in order to draw NOR
particular attention to them. Thii
decision was published long enough
before the election to have been gen
orally known. There were legal way
enough provided by which their OBJ
ject could have been accomplished
They could have erased the names
from the regular Republican ticket
and substituted others, but had nc
right to substitute an irregular Re
publican ticket for that purpose.
They could have written all the
Republican names on Democratic
tickets except those whom they
wished to vote for, but they had nc
right to substitute an irregular OIL
bogus ticket. They could have print
ed the names they wished on sepa-
rate ticket and headed it a "Mixed
Ticket, " and the action would have
been legal, but they had no right to
substitute an irregular or bogus
ticket.
There were ways enough proVided
to accomplish the object they had in
view, but they took advantage of the
bogus ticket as more likely to accom-
plish their object, and it did. If the
opinion ofthe Attorney General is OF
any weight, there was not legal
Democratic vote cast in the city or
township that day, and if the Attor-
ney Generals opinion is of any
weight, DR.. Groatis the legally elected
Councilman from the First Ward,
and if he does not insist upon his
rights he deserves to have been beat
en- by whatever scheme the opposi-
ton chose to adopt.
Now we want to say a few words
in regard to the opinion of the Mayor.
Let US bring it to the test in regard
to this opinion. When we objected
to the Democratic vote, upon the
ground that the requisite space be-
los0 the name or between the names
was not such as the law required, he
insisted that the distance between
the names of the candidate for
Treasurer and the candidate for
Clerk should be measured aCitbout re-
gard to the aoord aUhich designated the
office and tOhich stood betaVeeR the toUo
names, thus reducing the space re-
quired, en- t10o instances, to less than
the legal requirement. 1t may be q
good ruling, but it is not in accord
ance with that Of the Attorney Gen
eral. In a case of this kind it may
be very much like the case of the
young lawyer who read Blackstone
at a judge who had decided a case.
The judge told him it was no use, he
would not reverse his decision.
''Didn't expect you would" replied
the young disciple, 81 only wanted to
show you what an old fool Blackstone
vas" It is contended by some that
no penalty having been provided for
voting such tickets, they should
therefore be counted. The law de-
slsres them illegal. Can an illegal
thing be lawful? Then it is not law
ful to receive them. What do you
do when an illegal voter presents
himself to vote2 The moment you
are convinced that he has no legal
right you reject his vote. When an
illegal or unla Rfnl ticket is voted, as
soon as the discovery is made it
should be rejected, thrown QUIT
was illegal and void a6 initio. 1t
possesses no voting power because it
is not recognized by the law as pos
sessing the requirements to give it
that power. Hence it is void from
the beginning; and the mere act of
depositing it in the ballot box neith-
er clothes it with life nor bestows
upon it vitality. The voter can not
clothe it with his power nor impart
to it an existence, for it is dead in
law before he votes it, and the at
tempt to clothe it with life is in it.