Morning journal and courier., 1882-12-28

When Judge Park took his seat on the bench at 10 o'clock there was a death-like stiffness in the court room. He at once proceeded to give his decision, which, in substance was as follows:
 In relation to the cases which are before have been very unpleasant ones to decide, but inasmuch as they have been brought there is no escape from deciding the various questions which they involve. I have given them careful consideration since the close of the arguments last week, although it would seem that the arguments for and against them appear on the surface or sug- gest themselves on reading of the statutes. The first question is: "Does the 31st sec- ton of the act relating to electors and cleo tiens passed in the year 1S77 where it is stated that all ballots, etc. ; apply to city elections, or whether it is confined, as the claim is, to electors meetings for State off cers and members of the Legislature only ?" He then cited from the statutes-section 10 of revised statutes, page 64; sections 35, A, AZ and AS of act of 1977 showing conclusive ly that section 31 applies to city elections section 35, declaring that the ballots cast at city meetings shall be returned to the box immediately after they are counted and the box sealed up, the same as electors and town meetings; section Al, against bribes, etc. section AZ, against fraudulent voting section AS, against fraudulently obstructing votes from the ballot box. All these sections apply as we'll to city meetings as they do to electors and town meetings. Indeed the entire act appears to have been made ! as much to secure a fair, honest expres- sion of the will of the people at city election as any other There cer- l tainly was as much need of a statute in rela- tion to such elections as any other. Why ! should the Legislature exclude such elections | when their attention is drawn to the subject i? l the evil? All the sections cited speak of | ballots. Are they not the same ballots | spoken of in the section in question: when it ! says Gall ballots shall be on plain white paper" etc? It is a rule of construction ! that when a statute uses certain words in different sections of an act, they all have the I same meaning, unless the contrary clearly ! appears. Here there is nothing tending to ! show that ballot used at a city meeting is ! different from that used at an electors meet l ing. s'All ballots shall be plain white paper," etc.-that is, all ballots spoken of in \ the act shall be on plain white paper-city ballots as we'll as electors ballots. This ! seems to me conclusive of the question.
 Is the act constitutional It is said the Legislature had no right to prescribe on ! what paper an elector shall vote; and sec. 5
 of article 3 of the constitution is cited in '
 reference solely to electors meetings to elect State officers and members of the General Assembly. This is sufficient answer to the l claim, if there was no other. But no doubt ! the Legislature has the right to regulate even \ such elections. The amendment of the con- \ stitution adopted in 1886 directly declares the General Assembly shall have power to
 enact laws, regulating and prescribing the \ order and manner of Uoting for such officers, provided that the vote shall be by ballot. A
 law, declaring that ballot shall be on plain ! white paper, with tho name and office written 1 or printed thereon, is simply law 'sprescrib ing the manner of voting" in the words oi \ the amendment. Section 6 of article o1 ! the constitution declares, Claws shall be ! made to support the privilege of free suf
 frage, prescribing the manner of regulating
 and conducting meetings of the electors ant prohibiting, under adequate penalties all un
 due influence therein from power, bribery tumult and other improper conduct.' The
 object of the statute in question 'tc
 support the privilege of free suffrage anG prevent undue influence arising from power or bribery. And it would have that effect if i | could be rigidly enforced. I have no doub
 the act in question is constitutional.
 ! Again it is said that the ballots in question ! are on plain white paper with the name ant
 office printed thereon; that although on
 side of the ballots are black with the excep ! tion of the name and office, still the blacl | was necessary in order that the an ! office might appear on the ground that ! makes no difference whether the name an ! office appear white on black paper or blac ! on white paper. But an examination of tn \ ballots in question will show that there | vastly more black on the ballots than wa \ necessary in order for the name and office t appear on white ground. A narrow line c ! black running round each letter would hay ! been enough to make the name and offic \ appear on white ground, if such had bee \ f1n oh fhsf ho1 han &Inx 2 probably would have been no objection to il Why was so much black put On these ballots \ when the statute declares that the ballot | shall be on plain white paper with nothin
 but the name and office to appear in black [ It is impossible to blind the eyes to the gree
 fact that the black was put upon these ba lots for purpose, and that purpose was tha the ballots might reveal to the watchers 6
 the ballot box how the bearers of ther
 voted; and consequently how the bearers c
 other ballots voted. This is right in tn \ teeth of this enactment. It is doing tn 1 very mischief this statute was intended 2 | remedy. I have no doubt the ballots wer . ! clearly. palpably unlawful.
 Again 1t is said that the statute stops whe | the ballot IS received by the box tender, ths , l although the ballot is unlawful, and the bear E CT liable to punishment if he casts it, and 8 3 ! though it is no ballot that the law recognize ! \ outside of the ballot box, still if the bo
 tender receives 1t, undetected in the hurry c l voting, 1t becomes valid ballot and must b ! counted. If this is the construction to b
 given to the statute, the Legislature wer
 transaeting sdSe, .ta1vozous, nonseaasicaz bus ness when it was enacted The claim woul
 pat 1t in the power of every box tender,
 dishonest, to nullify the law entirely
 honest, it would impose upon him dutie impossible to be performed in the rapi | reception of ballots in the hurry of bus
 ness, with many surroundings to distrae
 his attention. It is said if the ballot
 refused the voter would have an oppo,
 tunlty to procure lawful ballot that h
 has constitutional right to vote, of whic
 he cannot be deprived. But it must be re
 membered that every voter is presumed t
 know the law-is presumed to know whethe ! the ballot that he offers to the box tender lawful or not. If with this knowledge h ! chooses to cast unlawful ballot he has n
 cause to complain if his vote is lost Tn ! statute prescribes what ballot shall be-
 who shall cast it-what shall be done with l when cast-who shall count it-what shall b done with it when counted-to await anothe ! count if occasion should require. Now, tn true construction of the statute in ques ! tlon, 1t seems to me, is, that a
 unlawful ballot shall not be received for an 2 ] of these purposes, and is equivalent to dt , claring it void. Passing the ordeal of tn :. moderator or box-tender in inc circumstar ces is of but little importance. Such passip | can give ID virtue to the unlawful paper.
 unlawful when out of the box, it must be ur
 lawful when in and it's character known.
 the phrase "No other ballots shall be IL
 ceived," was intended to mean received b
 the moderator or x-tender, it is strange
 indeed, that the statute does not so directl
 declare; and when the statute puts the vote under pains and penalties for casting such
 ballot and likewise the man who shall offe such ballot to another to be cast,it does nc
 put the moderator and boxtender for neglee
 of duty in this particular under like pains an
 penalties made expressly for the act of neg
 lect. If such was the case city like thi
 could never cast it's ballots in day, o
 two, or three. Al long time would be required
 and duties would be cast upon the modera
 tor and bcx-tender 70 onerou
 to be borne, and too gre be endure
 by the public. But j this, th
 statute nowhere ment 1t 1t
 the duty of the mo der t.
 watch the ballot t vfu
 ballots are cast. l. V
 statute is directory an,
 ! enough has been said, 1t
 that it is mandatory. It
 datory, if it means that such
 be received for any of the pun.
 in the -ssatsrte