Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-02-18
LaW In tho D0nnellU- FdshJurn Case.
Portland (Me. Argus.

LaW In tho Donnelly- Eash1urn Case.
Portland (Me.) Argus.
The contestant, Mr.. Donnelly, has been a
member of Congress and lieutenant govern
or of Minnesota. He was then Republi-
can. In the election of 1878 he was support
ed by Democrats and Greenbackers. He
contests the election of William D. Wash
burn in the Third district of Minnesota on
the ground of fraud and bribery, Washburn
claiming to have been elected by majority
of sob.
The testimony taken comprises more than
800 printed pages. The district is composed
of thirty-eight counties, in some of
which giving large reported majorities
for Washburn, there was no legal
organization. In two counties, Stearns and
Morrison, it ia conceded that Donnelly OBJ
tanned majorities aggregatlng S49 which were
not counted for him. At Crookston, Polk
county, B. Simpson, Republican clerk of the
district court, states that he is we'll acquaint-
ed with the people, and that he made CEN
ms of Crookston, finding 101 as the whole
number of persons entitled to vote. OF
these the poll lists show that fifteen did not
vote, leaving eighty-six as the number
actually entitled to vote; yet the whole
number of votes returned was 264, of which
Washburn had 213 to Is for Donnelly. AL
bert Church, candidate for sheriff, testifies
that thirty-fiYe railroad men voted at Crooks
ton, and that railroad hands and steamboat
men from Red Lake river and Red river on
their way to their homes in other counties
stopped and voted for Washburn-for con-
sideration.
| Throwing ont the votes of counties thus
| tainted by bribery and fraud-a rule which
! Congress has exercised in many cases
leaves Washburn's apparent majority S15.
And to Offset this majority the legality Of
the election in the Second, Fourth and Sixth
wards of Minneapolis is attacked. The
legislature of Minnesota in 1878 prssed an
act requiring the judges of election in cities
of more than 10000 Inhabitants to number
every ballot as it was received and en-
ter the same number on the voting
list opposite the voters name. At the
first election after the passage of this act,
which occurred in the spring of 1878, Hon.
John B. Brisbin rendered his vote, claiming
the right to deposit it without having it num-
bered, and being refused, he brought action
to test the constitutionality of the law. The
court decided the act unconstitutional, hold
ing that secresy was an essential quality of
the ballot, which this process of numbering
would violate. As this doctrine is one that
interests our citizens as much as those of
Minnesota, we quote from the opinion as
follows: s.sss
.sThe origin of the vote by ballot, as distin-
guished from other methods of voting, Is we'll
understood, and furnishes an answer to the
question. The humble and dependent are in a
70 fnoo Of
the rich and powerful. Where any matter is to
be determined by the will of the people, it Is
of the highest importance that there be q full
expression of that will, and in the desire to
secure this end the ballot originated. 1t has
been adopted, wherever used, for the purpose
of securing the independence of the individual
voter. 1t secures bis independence, because no
man, other than himself, may know how he
voted. It throws over him AN impenetrable
shield, under which he may keep the secret of
his vote until he shall see fit to disclose it,
at is as q secret vote, and in no other way,
tba. the ballot accomplishes its concealed pur-
pose.
1.-The courts, whenever the question has been
raised. have universally held that secrecy was
an essential characteristic of the ballot"
Numerous decisions are cited sustaining
the doctrine that the ballot "imp!ies abso-
Lutte and inviolable secresy," which cannot
be DESTROYED wi hout q change of constitu-
ton.
The election officers of Minneapolis prior
to the last Congressional election, at con-
sultation called and held for the purpose,
gave out and it was so announced that tho
law for numbering the ballots would be dis
regarded. On election day, however, in the
wards named thoy enforced this law and
numbered the ballots. In these wards re-
sided large Numbers of workingmen who
were thus intimidated, and were also bribed
to remain away from the polls. In these
wards Washburn obtained ZOO majority
which, if thrown out, would leave Donneliy
with majority OF 9f5.
But in addition TO this the election in
Minneapolis, the homs of MIR. Washburn,
is shown by the testimony to have been in
utter disregard of many provisions of law.
In regard to the effect of bribery on an
election many authorities are cited, among
them the following from decision by the
supreme Court of Wisconsin:
In our form of government. where the adj
ministration of public affairs is regulated by
the will of the people, or a majority of them,
expressed through the ballot box, the free exer-
else of the elective franchise by the qualified
voters is a matter of the highest Importance.
The safety and perpetuity OF our institutions
depend upon this.
1t is, therefore, particularly Important tnat
every voter should be free from any pecuniary
influence. For this reason the attempt by
| bribery to influence an elector in giving his
| vote or ballot is made an indelible offense by
statute. = The payment
or promise of money or other valuable consid-
Grafton for the giving Of a vote, no doubt con-
| stitutes the cffense of bribery, or attempt to
| bride, within the meaning of the statute.
"Can vote thus obtained, in direct viola
ton of the statute, be considered q valid or
| legal vote? If it can, then the object of the
statute, which is that it shall not be SO OBJ
| tanned, is defeated.
1--WE are Of opinion that such votes are ille-
gal, and that the judge was right in directing
| the jury to disregard them. This decision is
sustained by all the authority
| The testimony in regard to bribery in
Minneapolis is direct and full enough to
show that it was systematic. Bernard
| Cloutier gives detailed account of negotia
lions with him through Charles w. johnson,
which terminated at Mr.. Washburn's Office,
thus:
'He asked me how much I wanted, and
| told him twenty dollars. He (Mr. JChnsoH)
went into the next room and commenced talk
ing with MIR. Washburn. He came back and
handed me twenty dollars"
There is much of similar testimony in re-
gard to bribery in MINNEAPOLIS, and also