Semi-weekly interior journal., 1882-06-23
The Proposed School Law.

The Proposed School Law
One Of the most singular features we
have ever known to be embodied in any
law, can be found by those having the Gu
riOsity to look, in the 4th section Of the
Common School Act to be voted on next
August. Exactly what was intended by
the legislature will probably forever re-
main mystery, unless the defunct Com
mittee on Education, which perfected the
bill, shall rise, report progress and solve
the conundrum. The intelligent reader
can afford to take one glance at this sec
ton, 80 lucidly expressed that Philadel-
phia lawyer would despair Of finding more
than one construction:
sKcT. 4. II shall be the duty Of the sheriff and
other returning officers TO make OUT CORRECT
LIST Of the vote required to be taken under this
act; and it shall he the duty Of County Judge
and County Clerk Of the several counties to COM
pare and certify said lists Of their respective eeun
ties: Said County Clerk shall cause the same to be
delivered to the Secretary of State within sixty
days after the day Of said election; and upon
fined in the sum Of 500.
Thus it appears, from the text Of this
section, that the Sheriff and other return
ing officers shall make out a correct list Of
the vote taken. The first query is, What
is meant by vote Of the list taken? Can
it possibly mean any thing beside the poll
book? According to Webster, "a list is
properly series Of names, &C., IN brief
FORM" Thus we have a Civil list, which
embraces the civil officers Of government,
including their names, such as Judges,
Governors, &c, &c; or an argument list,
containing table of cases arranged and
set down for argument in Court OF JUS
tice; or a tax list, which contains the
names Of persons and their property sub
iect to taxation. This same list Of votes,
this poll book, or by whatever name or
synonym it may be designated, shall be
compared and certified by the County
Judge and County Clerk, and the County
Clerk shall cause the same, (thus reads the
law to be delivered to the Secretary of
State within sixty days under penalty Of
one hundred dollars.
Is not this wonderful progress in legis-
lation2 Instead Of requiring the County
Board of Examiners to certify to the Sec
retary of State the result Of the election,
as in all other cases Of election held by
law, the Clerk shall certify and forward to
the Secretary the list Of uOtes, the poll books
OF the various precincts in his county, and
then the Secretary, before he can ascertain
the result in the entire State shall care
fully 20 over and count up the votes Of
each ward, and each precinct in each of
the several counties. But the funny part
is yet to be seen. The general law says
that the Clerk is the custodian of the poll
books. He shall keep them among the
other records of his Office, and if he suffers
them TO be removed he is guilty Of a mis-
1emeanor in Office and on indictment may
not only be fined but removed So the
Clerk is between the devil and the iron
works. II he sends the poll books to
Frankfort he is fined, and if he don't send
hem he is fined. Some arch enemy of
,ur good Presbyterian doctrine of predes-
ination has sought to satirize it in the
ioggerel lines:
"YOu shall aud you shant,
"YOu viii and you wont,
"lou'll be id II you do
"And you'll be cursed of you don't"
Which horn Of the dilemma the predes-
marian will take-whether he chooses to
'e damned or cursed-bas not yet been de-
,ided; and whether the County Clerks will
tand the fine for keeping public records in
heir Office or for sending them out,will not
'e decided until after August. One thing,
however, ia certain that all this trouble,
whether among Clerks or theologians,
ONES of folks tinkering with subjects they
now nothing about.
The 9TH and next to the concluding sec
ion OF this remarkable act, provides
enaltY for illegal voting. Suppose the (
irand Jury should receive information
hat some person, not qualified voter, had I
oted for or against the Act and should see {
roper 10 investigate the charge, how I
ould they proceed? They can receive
one but legal evidence. So long as the I
oil books are in existence, they are the !
sst, and therefore the only, evidence Of &
neither the person charged cast a vote or !
Ot. The testimony Of the officers of the c
ection is but secondary, and will not be
The only alternative will be to !
nd subpoena duoes teeum to the Secretary /
State at Frankfort and require his pres c
ice with the poll book, before the Grand !
ury; and after the indictment is returned
he same formula shall be gone through h
hen the case comes on for trial. The h
pats OF this proceeding will come of The b
tate, and whether the game will be worth
ne candle, We leave To the last legislature. b
IL can scarcely be presumed that the leg /