Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-03-26

a Decision which Knocks Ex-Ald. Fisher
Game Higher Than a Kife-The Ral1o
Implies Secrecy, While the New Law I'm
plies Publicity.
The GLOBE of yesterday briefly noticed ,
decision of the Indiana supreme court, made
in 1871, declaring the election law, similar
t. the one recently adopted for St. Paul ane
Minneapolis, unconstitutional. Section six
of article seven, of the constitution of Min
nesota says:
Sec. 6: All elections shall be by ballot, ex
cept for such town officers aa may be directed
by law to be otherwise chosen.
1t will be seen by the Syllabus and Opin.
ion quoted in full below, that the Indiana
decision rests upon similar provision in
the Constit ution Of the State.
ll SYLLABUS.
Williams, appellant, vs.. Stein, (3S Ind. 49,
The Legislature passed an act requiring '.the
inspectors of any election, on receiving the
ballot of any voter, to have the same number
ed with figures on the outside or back thereof
to correspond with the number placed opposite
the name Of such voter on the poll list. -
Held, that such act was in violation Of the oh.
ject of that provision of the constitution
which declares that ''all elections by the PEG.
pie shall be by ballot" and was, therefore,
void. A ballot implies absolute secrecy.
OPINION.
Petit, j. The following is the opinion OF
Judge Vinton, before whom the case was tried
below, and we approve, adopt, and make it our
own, believing it needs no Improvement if we
were capable Of making any:
The complaint alleges in substance that on
fha7 lav IF of
election held pursuant to law, for the election
of divers officers, the defendant was the duly
appointed inspector of elections for
legal ~. precinct OF Fairfield
precinct No. 2, and offciated as such; that on
said day the plaintiff was resident Of said
township and aduly qualified voter, etc.. that
he gave his ballot which was in all respects a
legal ballot, to said defendant as such in
spector and demanded that it should be put
into the ballot-bo1 without any distinguishing
mark OF number being placed upon it; but that
defendant as such inspector, against tho pro-
test Of the plaintiff, unlawfully numbered the
sa.ue, ETC., whereby the plaintiff became dam
aged in his constitutional privileges and fran
chises. etc.
The defendant has demurred to the complaint
for want o. sufficient facts toiconstitute a cause
Of action against him. The question raised by
this demurrer Involves the constitutionality of
section Of an act Of the Legislature, approved
May 18th, 1885, which section reads in these
words, viz;
1T shall be the duty Of the inspector of any
election held in this State, on receiving the
ballot Of any voter, to have
the Same numbered with figures,
on the outside or back thereof, to correspond
with the number placed opposite the name of
each voter on the poll lists kept by the clerks
sof said election"
1t will be seen that the acts Of the defend
ant, of which plaintiff complains, are not only
authorized, but enjoined, by the section quot
ed aud if the same is valid, there isan end of
the Plaintiffs case. It is claimed, however,
that this law is void; because in conflict with
section IS Of article 2 of the constitution Of
Indiana. Section 13 reads thus:
tAll elections by the people shall be by bal
lot; and all elections by the general assembly,
W either branch thereof, shall be viva 0oce.
Here are two modes of election provided.
and enjoined; the one applicable to the genera
assembly, the other to all elections by the peo-
ple. There is no trouble in determining that
the viya Voce method was intended to secure
publicity; and the reason for such publicity is
assembly must be viua voce; and why? Because
the members of that body are agents or repre-
sentatives, Of their several constituencies, to
whom they are responsible for their votes; and
to that end they must vote openly and audi bly,,
that it may be known how they are exercising
W.
No such reason, if indeed there be any, ex-
Gsts to the voter at popular election. He rep
vesHnts nobody, and is responsible to nobody
for hhe vote he may cast. He should vote hon
.estly and intelligently, and under our system
he is presumed to do so; but he has the abso-
lutte right to exercise the franchise as he pleas
es, uncontrolled and unquestioned by any per-
son or power.
Since the one mode provided by the constitu-
ton necessarily involves openness, publicity,
does not the other, which is used in distinction
with it, necessarily imply privacy, secrecy
"a ballot may be defined to be piece OF
paper, or other suitable material, with the
name written or printed upon it of the per-
.~on to be voted for; and when the suffrages are
given in this form, each of the electors in per
son deposits such a vote in box or other recep"
.ticle provided for the purpose and kept in the
,custody Of the proper officers" Cush. Leg.
.Assemb. s 103.
In Bouviers dictionary find this definition
Of The term: ballot, diminutive ball, I. E..
little ball used in giving votes: the act itself Of
giving voses; little ballcz ticket used in vot-
ing privately, and, for that purpose, put in 8
box Commonly called ballot-box) OF some
such continuance"
According to an article in the new American
Encyclopedias, the ballot did not necessarily
imply aecrecy in Greece but in Rome, during
the republic, it did.
A very able and instructive paper on TIL
snbject of the ballot is found in the Fncyclo
ped;a Britannica. 1t may be gathered from
that article that in France and Great Britain
the tenn 'ballot'' implies absolute secrecy.
May, in his excellent work on the Constitu
aional History of England, thus speaks Of tn
ballot, at page 1853, vol. l:
1.-The ballot is another question repeated
debated in parliament, and a popular topic a
phe hastings, at public meetings, and in tn
newspaper press, No sooner had the reform
aat paased than complaints were made that tn
elective franchise, 80 recently enlarged, coul
not Sc freely exercised. It was said tina the land
lords III the counties, and wealthy customers Il
towns coes reed the 'fEae-will of the electors an
forced them to vote against their opinions an
conscience. As protection against such prae
.tices the necessity Of secret voting was cor
tended for. To give the franchise without tn
means of EXERCISING It, was declared to be
mockery.'
We are also informed by this work, that tn
right to vote by ballot was one OF the nv
points 81 the great People, Charter of 1885
presented to the house Of commons, prayln
the right to vote by ballot. :,
The common understanding in thus countr
certainly is, that the term ballot lmpile
secrecy. have nowhere found dlcleSl TO tn
contrary. The supreme court OF Pennsylyanl'
in case involving the validity OF all election
held, that an eagle printed on the ticket as
party badge, violated certain bylaw, s1ns
1t deprived voter Of that secrecy to which
was entitled in the exercise of his franchise, s
las to AVOID the odium and violence Of part
prejudice" SO. g. r. 20.
liz the case of The People as. Pease, y N.
as, winch was an action in the nature OF q
tyaryanto, DEMO, chief justice, uses the folio,
ing languages II have already alluded to Il
policy Of the Law providing for secret ballo
The right to vote In this manner has been Co
sidered an important and valuable safeguard
the independence Of the humble citizen again j!
the influence which wealth and station mig
be supposed to exercise. This OBJECT would
accomplished but very imperfectly, if the pr