The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-03-03
For 1tm6er Of tie House ef Rebrrsen-
tati0es from tie 9th Congressional
District
JOHN r. LYNCH"

:
Section 1877 of the Code of 1880 is as fol-
/ lows
: 49, All ballots shall be written or
printed with black ink, with space of not
less than one-ffth of an inch between
each name, on plain white news printing
paper, not more than two and one>half, nor
less than two and one-fourth inches wide,
without any device or mark by which one
ticket may be known or distinguished from
another, except the words at the head of
the tickets but this shall not prohibit
the erasure, correction or insertion of any
name by pencil mark or ink upon the face
of the ballot and ticket different from
that herein prescribed shall not be received
or counted.
On demurrer to the petition it was OBJ
jected 1. That the commissioners were
mere ministerial officers, with no power to
reject votes counted by the inspectors. 2.
That the marks on the tickets were mere
printers dashes, and not such as are pro-
hibited by the statute.
The demurrer was sustained and the pc
tition dismissed.
An appeal was taken.
CAMPBELL. J.
Held
l. 1t is the duty of the commissioners of
election to reject ballots returned to them
which show themselves to be illegal.
The inspectors are to judge of the quali~
fication of electors; but the ballots will
show for themselves whether or not they
conform to law. By sections 1873 and 1879,
Code 1880, the inspectors are required after
the election is closed to deliver to the CONS
missioners a statement of the number of
votes cast, the poll books, lists, ballot-boxes
and ballots. The commissioners are then
to Canvass the returns" that is scrutinize
the acts of those holding the election, and
certify the correct result to the Secretary of
State.
,. 1t is true the commissioners are not
judicial officers in the sense of trying causes
and pronouncing judgment between parties
seeking offices; but they are charged with
the duty of canvassing election returns,
and they must declare and certify the legal
result. If they find in the boxes illegal
ballots, they must reject them, as they
would correct an error of computation.
3. The effect of 1877 is to condemn as il
legal any ballot which has on its back or face
any device or mark, other than the names
OF persons, by which one ballot may be dis
tinguished from another.
The object is not only to preserve secresy,
but to secure absolute uniformity as to the
appearance of ballots, that intelligence may
guide the electors in their selection of bal
lots instead of mere device by which igno-
rance may be captivated.
4. 1t is a legitimate exercise of Legislative
power to prescribe the description of ballots
Instead of providing merely that ballots diff
fering from those prescribed should not be
counted, the Legislature could have made
their use or circulation penal.
,. The statute is mandatory and the lanN
guage plain. We are not at liberty to draw
distinction between ballots which have
upon them Distinguishing marks or devices,
holding some to be illegal, and others legal.
The only safe guide to what ballots are IL
legal, is the statute itself, which is to be en-
forced as written.
6. The commissioners can not be required
to meet and recanvass the returns. Their
connection with the returns has ended. The
legality of their action may be tested in the
courts in proper cases.
The courts have nothing to do with the
election or qualification of representatives
in Congress.
7. This case might properly have been
disposed of without considering any of the
questions except that last above mentioned;
but as the court was informed by the
Attorney. General that doubts exist as to
the Interpretation of the election law, and
that criminal prosecutions have been insti-
tuted against the commissioners of some of
the counties for supposed violations of law,
we have complied with his request in
declaring our view of the several questions
presented by the record.
Judgment affirmed