Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-11-27
AN OPINION
GIVEN fHR BOARD OF COMMISSIONERS BY
Mr.. J.. D. EWING,
Which Materially Changes Previous Views Of the
Law-Absiraet Of the Document
Atkinson Gains One Voa.

The Boari of Commissioners met at half
psst nine o'clock yesterday morning, and
resumed tina inspection aud recount Of the
ballots lately csst in Ohio county. Mr.. J.
D. Ewing, 10 whom had bsen referred the
Law points upon which the members desir-
ed to be informed, was present, and soon
altar the members had bseu called to order
he addressed President Gruse, and stated
that he was ready TO submit his opinion
upon the matters covered in his instruc-
tons. The conelusions h. bad r.a,hed
had besp arrived at without bias Of any
kind, and the subject had received his best
attention. The opinion wa, then read.
1t covered the points Of scratched and
,ub tituied Names" mark, color or de-
vice" and 'pssters," somewhat fully, and
in q manner apparently Satisfactory to
all.
Tie course of the Beard, in obtaining
this opinion, in preference to continuing
themselves, as they might have done, IN
der the Law, reflects great credit upon
them. and amply demonstrates that they
are ~endeavoring, in every reasonable way,
% discharge their duties impartislity, and
arrivs at an entirely proper conclusion
Their sction in regard TO past,rs, Is IN
marked contrast t. the conIse taken by the
Republican Marshall County Coart, who,
Notwithstanding they had this same oppor-
unity to secur an Interpretation CT the
law, failed 10 Do So, and refused to u
bl ,ck pastors for Pendleiou.
The net result of the days corrections
was a gain of ore vote for Mr.. Atkinson.
10 Washington, Atki, 500 gained one; IL
the Island precinct of Madison he also
gained enc; in Webster, Mr.. PepdlstOn
g,iutd one, ard one was Dropped from
NJ. Atkinson; in Richie, Mr.. Atkinson
gained n
Ia taxing up The frat Of his points, re-
lsting to scratched and substituted ma mes,
Mr. E wing said:
SCRATCHED AND SUBSTITUTED NAMES.
The intention of the voter, 81 expressed
At the bsllot-b box, is the lsadiog Considera-
ZION, and must be reepstsd by all tri-
bunals in sscertsiuing the result OF cleo
tons. In determining the intention OF the
voter, elect on boards as well as Court
.houl1 he guided by the language OF the
oallois cKt, interpreted in the light CT tn
circumstance surrounding the election
Cf the terms rsed by The voter upon his
ballot are so vagus and uncertain as not TO
disclose his purpose, it ought to be reject
ed; bu', on the other hand, If the terms
employed by him on mis- ballot, though net
echIiC lly accurate, a:e such as to make
known his will beyond reasonable donbt,
fleet must be given to il. "
The ballot should not leave in uncertain
~ either fer whom or for what eff q the
,lector intended to vote. Hence, II he
strikes out thu rame of q candidate fr
Governor and substitute another name
un3er or in close proximity TO the words
udicstiog the cfice Of Governor, tie vote
must be cauated for Governor. Even tue
7o.er could not bo allowed to contradict
What he has so plainly done, by saying he
utandei tn vote for the office OF Congress.
= \ = = Tns ballos must contain toe
name of the parSou voted for and designat4
the Office to b. filled, Sd that it is man
fest what YVES intended by TIE voter. II
,ho vote-, by design or by carelessn:ts,
wholly obscure or omit to ceaiguate the
office he desires the candidate 10 fill, his
ntent.oa is not manifest, and az to that
candidate the vote shall not be counted;
Ither wise, if partly obscured, but latt so
hat il can be read With certainty, the in
IGNITION being manifest.