The daily Argus. (Rock Island, Ill.) 1873-1877, 1875-02-09
NUMBERING BALLOTS DECLAR-
ED uNcoNsTrTUTTorAL.
A Ballot Must be Secret.

THE ARGUS has always held that the
law of this state requiring ballots to be
numbered was unconstitutional and void
for the reason that it violated the secrecy
of the ballot, and we are glad to find the
courts now indorsing that view Of the mat
ter. We hope this may induce the legisla-
ture, with other reasons heretofore assign
ed, to repeal the odious Registry Law.
From the Chicago Tribune, It'll.
Judge Rogers delivered an opinion yes.
terday morning in the case OF ID. II. Ham
mer vs. A. Il. Swift and others, involving
the right of voter to have his vote kept
secret It appeared, as charged IN the
declaration, that the plaintiff at the last
November election delivered to the defend
ants. who were the judges of the election
in the First Ward, his ballot, requesting
them TO nut it into the ballot box without
marking any number on it. This they re
fused to do, but deposited it after giving ii
a number corresponding to the number
placed opposite his name on the poll list
By this means it could be easily ascertain
ed. of course, for what, person or, persons
plaintiff voted, Hammer claimed that the
secrecy of the ballot was violated, and he
damaged in his constitutional privileges
and franchises. The facts were agreed on,
and the case submitted to the court.
The court said that, as the law required
the votes to be numbered, the judges were
justified, unless the statute was in conflict
with Sec. z of Art. of the constitution OF
shall be by ballot" If the ballot meant
,oo-oor o,,I xwaa ,,xJaratool AZ .~,u.,. - L..
the trainers of the constitution when they
adopted and used the term necessarily the
statute compelling enumeration was uncon-
stitutional and void. inasmuch as it afford
ed certain means of exposing the vote,
which would be taken advantage of, as
the judges of the polls were required by
the same statute to open and read the tick
cts in the presence of the clerk, ascertain
the number Of the vote, find the ticket cor
responding, and afterwards, when they
have counted the ballots, they were com.
PEELED to string them and give them to
the county clerk, when six months time
was given in which the ballots were yet La
BILE to examination in case OF contested
election. -.ei.. ~~
The legislative construction Of the con
stitutional provision 'All votes shall be by
ballot" was that such vote was not neces
sarily secret, which was more clearly
shown by looking at the action of the
legislature in prescribing the manner
OF determining contest for the Office
of governor or other executive officers
The constitution, Sec. of Art. 5,provided
that such contest should be determined
by both houses of the general assembly by
joint ballot, in such manner as, may be pre-
scribed by law" In such case joint
committee was appointed to report on the
facts, and then a day was fixed by join
resolutions Of both houses, lin which de
cision the yeas and nays shall be takel
and entered upon the journal" Evident
ly, then, the phrase joint ballot was in
tended to mean an open and public ballot
Such construction, however, was only re
cent; for the law relating to the countin,
was passed in 1861, while the enac:men
that ''all votes shall be given BY ballot,
was made in lS4s. Previously theret
voting in Illinois had been wholly viz;
voce. This was the provision of the con
stitution of 1918, and though that of 1874
established the ballot, neither it nor tina
of 1870 defined the term. Reference thel
must be had to the primary meaning of thu
word and its history.
The definitions given by photographer
are. 'sBall used in voting" al ticket o
written vote given in lieu of ballot" i
ancient Greece and Rome voting was b
white and black balls, beans, or pebbles
which were deposited in box or urn, an
in Athens, at least, this mode was not sc
oret, while in Rome it was.
Balls at the present day in many so
cieties the Judge said, were used, and, a
far as he knew. balloting 10 such case
was always secret. The history of tn
ballot, their traditions, and the commo
understanding of the people, all jus tifie
him in the conclusion that the term wa
used in the constitution OF Illinois to DIES
ignate secret mode of voting, and to thu
secure freedom of action to the voter, an
such was the understanding 10 other state
having similar constitutions. The sam
questions arose in Indiana, and the Su
preme Court held the numbering to be un
constitutional and void.
In conclusion, Judge Rogers remarke,
that it might well be doubted whether Sc
cret ballOting had all the advantage
claimed for it, as it was liable to perver
sion and deception by men skilled in bal
lot-box stufing But corruption woulc
exist at all times while the uneducated anC
wicked were allowed to vote, and fraut
would be practiced whether the vote wer,
given publicly or in secret He had nj
doubt that the ballot was intended to b,
secret, and the statute which compelled
the numbering of the ballot was void,
finding was therefore had for the plaintiff